### the consumer ' s choice between repair and replacement should only be limited where the option chosen would be disproportionate compared to the other option available , impossible or unlawful . for instance , it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while , at the same time , the scratch could easily be repaired . ### the consumer ' s choice between repair or replacement should only be limited where the remedy chosen would be disproportionate compared to the alternative remedy available , impossible or unlawful . for instance , it might be disproportionate to request the replacement of goods because of a minor scratch where this replacement would create significant costs while , at the same time , the scratch could easily be repaired . where , however , only one remedy is available and that remedy imposes costs on the seller that are disproportionate with regard to the value the goods would have if there were no lack of conformity and to the significance of the lack of conformity , it should be possible to limit the consumer ' s right to reimbursement of the cost of removing the non - conforming goods to a proportionate amount .


### in order to increase legal certainty for sellers and overall consumer confidence in cross - border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods . considering that the large majority of member states have foreseen a two - year period when implementing directive 1999 / 44 and in practice this is considered by market participants as a reasonable period , this period should be maintained . ### in order to increase legal certainty for consumers and sellers and overall consumer confidence in cross - border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods . considering that the large majority of member states have foreseen a two - year period when implementing directive 1999 / 44 and in practice this is considered by market participants as a reasonable period , this period should be maintained .


### be of the quantity , quality and description required by the contract , which includes that where the seller shows a sample or a model to the consumer , the goods shall possess the quality of and correspond to the description of this sample or model ; ### be of the quantity , quality and description required by the contract , which includes that where the seller shows a sample or a model to the consumer , the goods shall possess the quality of and correspond to the description of that sample or model , which must be free from any defect ;


### where the seller remedies the lack of conformity with the contract by replacement , the seller shall take back the replaced goods at the seller ' s expense unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the seller ' s attention by the consumer . ### where the seller remedies the lack of conformity with the contract by replacement , the seller shall take back the replaced goods at the seller ' s expense unless the parties have explicitly agreed otherwise after the lack of conformity with the contract has been brought to the seller ' s attention by the consumer . such explicit consent shall not be a default option which the consumer is required to agree to in order to make the purchase .


### the guarantee statement shall be made available on a durable medium and drafted in plain , intelligible language . it shall include the following : ### the guarantee statement shall be made available to the consumer on paper or , if the consumer agrees , on another durable medium and shall be drafted in plain , intelligible language . a paper copy of the guarantee statement shall be provided to the consumer upon request and free of charge . it shall include the following :


### to better exploit economies of scale in the defence industry , the programme should support the cooperation between undertakings in the development of defence products and technologies . ### to better exploit economies of scale in the defence industry , the programme should support the cooperation between entities in the development of defence products and technologies .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between undertakings across member states and other european partners , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between entities across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three entities based in at least two different member states .


### eligible actions developed in the context of permanent structured cooperation in the institutional framework of the union would ensure enhanced cooperation between undertakings in the different member states on a continuous basis and thus directly contribute to the aims of the programme . such projects should thus be eligible for an increased funding rate . ### eligible actions developed in the context of permanent structured cooperation in the institutional framework of the union would ensure enhanced cooperation between entitiesin the different member states on a continuous basis and thus directly contribute to the aims of the programme . such projects should thus be eligible for an increased funding rate .


### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . ### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industries , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria .


### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes and mid - caps in projects under the programme as well as their participation to the global value chain . the report should also include information on the origin of beneficiaries .


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### beneficiaries shall in principle be public or private undertakings established in the union . by derogation , an undertaking established in the eu and controlled by non - eu states or by non - eu entities is eligible if this would not contravene the security and defence interests of the union and its member states . the infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action .


### beneficiaries shall be undertakings established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate undertakings . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action . ### beneficiaries shall be entities established in the union , in which member states and / or nationals of member states own more than 50% of the undertaking and effectively control it within the meaning of article 6 , whether directly or indirectly through one or more intermediate entities . in addition , all infrastructure , facilities , assets and resources used by the participants , including subcontractors and other third parties , in actions funded under the programme shall not be located on the territory of non - member states during the entire duration of the action .


### the proposals submitted following the call for proposals shall be evaluated by the commission assisted by independent experts on the basis of the award criteria of article 10 . ### the proposals submitted following the call for proposals shall be evaluated by the commission assisted by independent experts on the basis of the award criteria of article 10 . close cooperation between governments , industries and r&t organisations is crucial for success of the programme


### the current standard travel document for the expulsion of third - country nationals , established by council recommendation of 30 november 19941 , is not widely accepted by authorities of third countries , for reasons including its inadequate security standards . ____________________ council recommendation of 30 november 1994 concerning the adoption of a standard travel document for the expulsion of third - country nationals . ### the current standard travel document for the repatriation of third - country nationals , established by council recommendation of 30 november 19941 , is not widely accepted or enforced by authorities of third countries , for reasons including its inadequate security standards , the differing formats and information requirements of each individual member state and the number of languages in which the forms are provided . ____________________ council recommendation of 30 november 1994 concerning the adoption of a standard travel document for the expulsion of third - country nationals .


### with regard to the processing of personal data within the framework of this regulation , competent authorities shall carry out their tasks for the purposes of this regulation in accordance with the national laws , regulations or administrative provisions transposing directive 95 / 46 / ec . 12 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . ### with regard to the processing of personal data within the framework of this regulation , competent authorities should carry out their tasks for the purposes of this regulation in accordance with the national laws , regulations or administrative provisions transposing directive 95 / 46 / ec of the european parliament and of the council1a ; and with the specific data protection requirements laid down in this regulation . ____________________ a directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### this regulation establishes the format and the technical specifications of a european travel document for the return of third - country nationals . ### this regulation establishes the common format and the technical specifications of a european travel document for the return of third - country nationals .


### this regulation shall enter into force on the [ … ] day following that of its publication in the official journal of the european union . ### this regulation shall enter into force on the [ twentieth ] day following that of its publication in the official journal of the european union .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and , where possible , in the general objectives referred to in article 5 . they shall be appointed by the steering board for a fixed term of three years , renewable only once .


### expansion of renewable energy and energy and resource efficiency ; ### expansion of the sustainable use of domestic sources of energy , including from renewable energy , as well as energy and resource efficiency ;


### where the automated processing laid down in article 18 to reports one or several hit , the application shall be assessed in accordance with the procedure laid down in article 22 . ### where the automated processing laid down in article 18 to reports one or several hit , including if , where article 18 is applied , no hit is yielded but one of the questions further to article 15 has been answered in the affirmative , the application shall be assessed in accordance with the procedure laid down in article 20 , and in the event of persistent doubt or an affirmative hit , article 22 .


### for the purpose of carrying out the assessment referred to in article 22 the etias national unit of the responsible member state shall consult the authorities of the member state responsible for the data having triggered a hit pursuant to article 18 , , , , or . ### if different member states have supplied data which are responsible for a hit , the central etias unit shall inform the national etias units concerned and thus initiate consultation between them .


### where the responsible member state consults with one or several member states during the manual processing of an application , the etias national units of those member states shall have access to the relevant data of the application file as well as to the hits obtained by the automated system pursuant to article 18 , and which are necessary for the purpose the consultation . the etias national units of the member states consulted shall also have access to the relevant additional information or documentation provided by the applicant following a request from the responsible member state in relation to the matter for which they are being consulted . ### the etias national units of those member states shall have access to the application file .


### the consultation shall be limited to searching with data referred to in article 45 ; ### the consultation shall be limited to searching with data referred to in article 45 and ;


### an electricity crisis might extend beyond union borders comprising also energy community countries . in order to ensure an efficient crisis management on borders between the member states and the contracting parties , the union should closely cooperate with the energy community contracting parties when preventing , preparing for and handling an electricity crisis . ### an electricity crisis might extend beyond union borders comprising also energy community countries and other third countries connecting to the eu electricity network . in order to ensure an efficient crisis management on borders between the member states , contracting parties to the energy community treaty , and other third countries , the union should closely cooperate with the energy community contracting parties and third countries when preventing , preparing for and handling an electricity crisis .


### member states shall ensure that all risks relating to security of electricity supply are assessed in accordance with the rules set out in this regulation and article 18 of the electricity regulation [ proposed electricity regulation ] . to this end , they shall cooperate with entso - e and the regional operational centres . ### member states shall ensure that all risks relating to security of electricity supply are assessed in accordance with the rules set out in this regulation and article 18 of the electricity regulation [ proposed electricity regulation ] . security of electricity supply is a shared responsibility of electricity undertakings , member states , in particular through their competent authorities , and the commission within their respective areas of activity and competence . to this end , they shall cooperate with entso - e and the regional operational centres .


### entso - e shall update and improve the methodology regularly in accordance with paragraphs 1 to 5 . the agency or the commission may request such updates and improvements with due justification . within six months from the request , entso - e shall submit to the agency a draft of the proposed changes . within a period of two months of receiving the draft , the agency shall amend or approve the changes and publish it on its website . ### entso - e shall update and improve the methodology regularly in accordance with paragraphs 1 to 5 . the agency or the commission may request such updates and improvements with due justification . within two months from the request , entso - e shall submit to the agency a draft of the proposed changes . within a period of two months of receiving the draft , the agency shall amend or approve the changes and publish it on its website .


### entso - e shall update and improve the methodology regularly in accordance with paragraphs 1 to 3 . the agency or the commission may request such updates and improvements with due justification . within six months from the request , entso - e shall submit to the agency a draft of the proposed changes . within a period of two months of receiving the draft , the agency shall amend or approve the changes and publish it on its website . ### entso - e shall update and improve the methodology regularly in accordance with paragraphs 1 to 3 . the agency or the commission may request such updates and improvements with due justification . within two months from the request , entso - e shall submit to the agency a draft of the proposed changes . within a period of two months of receiving the draft , the agency shall amend or approve the changes and publish it on its website .


### by [ opoce to insert exact date : ten months after entry into force of this regulation ] and on the basis of the methodology adopted pursuant to article 5 , entso - e shall identify the most relevant electricity crisis scenarios for each region . it may delegate tasks relating to the identification of regional crisis scenarios to the regional operational centres . ### by [ opoce to insert exact date : ten months after entry into force of this regulation ] and on the basis of the methodology adopted pursuant to article 5 , entso - e shall identify , in close co - operation with the electricity co - ordination group . the most relevant electricity crisis scenarios for each region . it may delegate tasks relating to the identification of regional crisis scenarios to the regional operational centres who will also consult the electricity co - ordination group .


### by [ opoce to insert exact date : two months after entry into force of this regulation ] , entso - e shall submit to the agency a proposal for a methodology for assessing short - term adequacy , namely seasonal adequacy as well as week - ahead to intraday adequacy , which shall cover at least the following : ### by [ opoce to insert exact date : two months after entry into force of this regulation ] , entso - e shall submit to the agency a proposal for a methodology for assessing short - term adequacy and seasonal adequacy , which shall cover at least the following :


### the designation of a regional crisis manager or team ; ### the designation of a regional crisis co - ordinator or team ;


### measures to mitigate the impact of a crisis including a simultaneous crisis situation . these shall include regional load - shedding plans and technical , legal and financial arrangements regarding mutual assistance to ensure that electricity can be delivered where it is most needed and in an optimal manner . such arrangements shall set out , inter alia , the trigger for the assistance , the calculation formula or amount , paying and receiving parties and arbitration rules ; ### measures to mitigate the impact of a crisis including a simultaneous crisis situation . these may include regional load - shedding plans and technical , legal and financial arrangements regarding mutual assistance to ensure that electricity can be delivered where it is most needed and in an optimal manner . such arrangements shall set out , inter alia , the trigger for the assistance , the calculation formula or amount , paying and receiving parties and arbitration rules ;


### in cooperation with the regional operational centres and with the involvement of relevant stakeholders , the competent authorities of each region shall carry out annual crisis simulations , in particular testing the communication mechanisms referred to in point of paragraph 1 . ### with the involvement of relevant stakeholders , the competent authorities of member states of each region shall carry out annual crisis simulations , in particular testing the communication mechanisms referred to in point of paragraph 1 .


### an account of the assistance provided to or received from neighbouring member states and non - eu countries ; ### an account of the assistance prepared , provided to or received from neighbouring member states and non - eu countries ;


### the investment environment within the union should be improved by removing barriers to investment , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work . ### the investment environment within the union should be improved by removing barriers to investment , cutting the red tape and reducing administrative burdens , reinforcing the single market and by enhancing regulatory predictability . the work of the efsi , and investments across europe generally , should benefit from this accompanying work .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to innovative micro - , small - , and medium - sized enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion .


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects as well as in the investment areas concerned by the efsi as defined in article 2a , paragraph 2 , and a representative of the european commission . this representative should co - operate closely with the respective directorates - general of the commission depending on the investment areas of the projects and ensure and confirm the consistency of potential operations with union policies . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies .


### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments . ### the commission shall conclude an agreement with the european investment bank on the establishment of a temporary european fund for strategic investments .


### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments . ### the commission shall conclude an agreement with the european investment bank on the establishment of a european fund for strategic investments for the period 2015 - 2020 .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on innovative micro - , small - and medium - sized enterprises , through the supply of risk bearing capacity to the eib .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of eight independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance in general , and where possible also specifically in the policy areas referred to article 5a . they shall be appointed by the steering board for a renewable fixed term of up to three years and not exceeding 6 years in total .


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts and the managing director and a representative of the european commission . independent experts shall have a high level of relevant market experience in project finance as well as in the investment areas concerned by the efsi as defined in article 2a , paragraph 2 , and be appointed by the steering board for a renewable fixed term of three years . their recruitment follows a transparent procedure and their declaration of financial interests is transmitted to the commission , the european parliament and the council . the representative of the european commission shall have no voting power but shall confirm the consistency of potential operations with union policies . he / she shall co - operate closely with the respective directorates - general of the commission depending on the investment areas of the projects and ensure and confirm the consistency of potential operations with union policies . in the transport sector , the investment committee shall take into account recommendations expressed by respective directorate - general of the commission on those transport infrastructure projects which have been granted financial support from any eu programmes .


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee . ### member states may use european structural and investment funds to contribute to the financing of eligible projects in which the eib is investing with the support of the eu guarantee .


### by 30 june 2018 and every three years thereafter : ### by 30 june 2018 , two years thereafter and by 6 months from the date of termination of the agreement on efsi :


### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives referred to in article 5 . ### in accordance with its own transparency policies on access to documents and information , the eib shall make publicly available on its website information relating to all eib financing and investment operations and how they contribute to the general objectives and other eligibility criteria referred to in article 5a .


### institutional investors should annually disclose to the public how their equity investment strategy is aligned with the profile and duration of their liabilities and how it contributes to the medium to long - term performance of their assets . where they make use of asset managers , either through discretionary mandates involving the management of assets on an individual basis or through pooled funds , they should disclose to the public the main elements of the arrangement with the asset manager with regard to a number of issues , such as whether it incentivises the asset manager to align its investment strategy and decisions with the profile and duration of the liabilities of the institutional investor , whether it incentivises the asset manager to make investment decisions based on medium to long - term company performance and to engage with companies , how it evaluates the asset managers performance , the structure of the consideration for the asset management services and the targeted portfolio turnover . this would contribute to a proper alignment of interests between the final beneficiaries of institutional investors , the asset managers and the investee companies and potentially to the development of longer - term investment strategies and longer - term relationships with investee companies involving shareholder engagement . ### institutional investors should annually disclose to the public how their equity investment strategy is aligned with the profile and duration of their liabilities and how it contributes to the medium to long - term performance of their assets . where they make use of asset managers , through discretionary mandates involving the management of assets on an individual basis , they should disclose to the public the main elements of the arrangement with the asset manager with regard to a number of issues , such as whether it incentivises the asset manager to make investment decisions based on medium to long - term company performance and to engage with companies . this would contribute to a proper alignment of interests between the final beneficiaries of institutional investors , the asset managers and the investee companies and potentially to the development of longer - term investment strategies and longer - term relationships with investee companies involving shareholder engagement .


### in order to ensure that shareholders have an effective say on the remuneration policy , they should be granted the right to approve the remuneration policy , on the basis of a clear , understandable and comprehensive overview of the company ' s remuneration policy , which should be aligned with the business strategy , objectives , values and long - term interests of the company and should incorporate measures to avoid conflicts of interest . companies should only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . the approved remuneration policy should be publicly disclosed without delay . ### in order to ensure that shareholders have an effective say on the remuneration policy , they should be granted the right to approve the remuneration policy , on the basis of a clear , understandable and comprehensive overview of the company ' s remuneration policy , which should be aligned with the business strategy , objectives , values and long - term interests of the company and should incorporate measures to avoid conflicts of interest . any ratio addressing remuneration shall be based upon annual adjustments in remuneration which will provide a useful indicator of the development of remuneration across the company . companies should only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . the approved remuneration policy should be publicly disclosed without delay .


### ”shareholder engagement’ means the monitoring by a shareholder alone or together with other shareholders , of companies on matters such as strategy , performance , risk , capital structure and corporate governance , having a dialogue with companies on these matters and voting at the general meeting . ### ”shareholder engagement’ includes the monitoring by a shareholder alone or together with other shareholders , of companies on matters such as strategy , performance , risk , capital structure and corporate governance , having a dialogue with companies on these matters and voting at the general meeting .


### that the union ' s 2020 energy consumption has to be no more than 1 483 mtoe of primary energy and no more than 1 086 mtoe of final energy ; ### that the union ' s 2020 energy consumption has to be no more than 1 483 mtoe of primary energy or no more than 1 086 mtoe of final energy ;


### by 30 june 2014 , the commission shall assess progress achieved and whether the union is likely to achieve energy consumption of no more than 1 483 mtoe of primary energy and no more than 1 086 mtoe of final energy in 2020 . ### by 30 june 2014 , the commission shall assess progress achieved and whether the union is likely to achieve energy consumption of no more than 1 483 mtoe of primary energy and / or no more than 1 086 mtoe of final energy in 2020 .


### in designing alternative policy measures to achieve energy savings , member states shall take into account the effect on households affected by energy poverty . ### in designing alternative policy measures to achieve energy savings , member states ought to take into account the effect on households affected by energy poverty . where households affected by energy poverty are already facing financial hardship , their situation must not be aggravated by the cost of these measures .


### shall ensure that appropriate information is provided with the bill based on actual consumption to all final users in accordance with point 3 of annex vii ; ### shall ensure that appropriate information is provided with the bill based on actual consumption or heat cost allocator readings to all final consumers in accordance with point 3 of annex viia ;


### the issuing of visas at the external border should , in principle , remain exceptional . however , to allow member states to promote short term tourism , they should be authorised to issue visas at the external border based on a temporary scheme and upon notification and publication of the organisational modalities of the scheme . such schemes should be temporary in nature and the validity of the visa issued should be limited to the territory of the issuing member state . ### the issuing of visas at the external border should , in principle , remain exceptional . however , to allow member states to promote short term tourism , they should be authorised to issue visas at the external border based on a temporary scheme and upon notification and publication of the organisational modalities of the scheme . such schemes should be temporary in nature and the validity of the visa issued should be limited to the territory of the issuing member state . potential abuses and inconsistencies in application of these schemes need to be monitored closely , and if necessary , a review as to the necessity of issuing of external border visas should be undertaken .


### points , and of paragraph 1 do not apply to applicants who are vis registered regular travellers and who have lawfully used the two previously obtained visas . ### point of paragraph 1 does not apply to applicants who are vis registered regular travellers and who have lawfully used the two previously obtained visas .


### the commission may , as appropriate , consult stakeholders and seek expert advice on the results of the supervisory activities provided in this article and on ways to improve the organisation , administration and management of the . eu tld by the registry . ### the commission may , as appropriate , consult members of . eu multistakeholder advisory group or , where necessary , other stakeholders and seek expert advice on the results of the supervisory activities provided in this article and on ways to improve the organisation , administration and management of the . eu tld by the registry .


### eu multistakeholder council ### eu multistakeholder advisory group


### a . eu multistakeholder council shall be established to advise the commission on the implementation of the present regulation . ### a . eu multistakeholder advisory group shall be established to advise the commission on the implementation of the present regulation .


### the . eu multistakeholder council shall be composed of representatives drawn from the private sector , the technical community , member states and international organisations , civil society and academia and appointed by the commission on the basis of an open and transparent procedure . ### the . eu multistakeholder advisory group shall be composed of representatives appointed by all member states and of representatives drawn from the private sector , the technical community , relevant international organisations , civil society and academia , appointed by the commission on the basis of an open and transparent procedure .


### the . eu multistakeholder council shall have the following tasks : ### the . eu multistakeholder advisory group shall have the following tasks :


### 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 .


### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved through coherence and complementarity among the union ' s external financing instruments , as well as the creation of synergies with other union policies and programmes . this includes , where relevant , coherence and complementarity with macro - financial assistance . ### the union should seek to use available resources efficiently in order to optimise the impact of its external action . that should be achieved through coherence and complementarity among the union ' s external financing instruments , as well as the creation of synergies with other union policies and programmes . this includes , where relevant , coherence and complementarity with macro - financial assistance and eu macro - regional strategies .


### ‘ terminal’ means any facility with a minimum area of 600m2 , which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers ; ### subject to the definitions and requirements laid down in national legislation , ‘ terminal’ means any publicly - owned facility which provides a parking place that is used by coaches and buses for the setting down or picking up of passengers ;


### each member state shall designate a single national regulatory body for the road passenger transport sector . that body shall be an impartial authority which is , in organisational , functional , hierarchical and decision making terms , legally distinct and independent from any other public or private entity . it shall be independent from any competent authority involved in the award of a public service contract . ### the competent authorities in each member state shall designate a single regulatory body for the road passenger transport sector . that body shall be an impartial authority which is , in organisational , functional , hierarchical and decision making terms , legally distinct and independent from any other public or private entity . it shall be independent from any competent authority involved in the award of a public service contract .


### the regulatory body may , in exercising its tasks , request relevant information from the competent authorities , terminal operators , applicants for authorisation and any third party involved within the territory of the member state concerned . ### the national competent authority may , in exercising its tasks , request relevant information from the other competent authorities , terminal operators , applicants for authorisation and any third party involved within the territory of the member state concerned .


### information requested shall be supplied within a reasonable period set by the regulatory body and not exceeding one month . in justified cases , the regulatory body may extend the time limit for submission of information by a maximum of two weeks . the regulatory body shall be able to enforce requests for information by means of penalties which are effective , proportionate and dissuasive . ### information requested shall be supplied within a reasonable period set by the national competent authority and not exceeding one month . in justified cases , the national competent authority may extend the time limit for submission of information by a maximum of two weeks . the national competent authority shall be able to enforce requests for information by means of penalties which are effective , proportionate and dissuasive .


### information requested shall be supplied within a reasonable period set by the regulatory body and not exceeding one month . in justified cases , the regulatory body may extend the time limit for submission of information by a maximum of two weeks . the regulatory body shall be able to enforce requests for information by means of penalties which are effective , proportionate and dissuasive . ### information requested shall be supplied within a reasonable period set by the regulatory body and no later than one month . in justified cases , the regulatory body may extend the time limit for submission of information by a maximum of two weeks . the regulatory body shall be able to enforce requests for information 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 : ### public terminal operators shall publish at least the following information in two or more official languages of the union :


### 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 .


### the competent authorities of the member states whose agreement has been requested shall notify the authorising authority of their decision within three months . the time limit shall be calculated from the date of receipt of the request for agreement which is demonstrated by the acknowledgement of receipt . if the competent authorities of the member states whose agreement has been requested do not agree , they shall state the reasons . ### the competent authorities of the member states whose agreement has been requested shall notify the authorising authority of their decision within two months . the time limit shall be calculated from the date of receipt of the request for agreement which is demonstrated by the acknowledgement of receipt . if the competent authorities of the member states whose agreement has been requested do not agree , they shall state the reasons .


### the authorising authority shall take a decision on the application within four months of the date of submission of the application by the carrier . ### the authorising authority shall take a decision on the application within three months of the date of submission of the application by the carrier .


### decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based . ### decisions rejecting an application , granting authorisation with limitations , or suspending or withdrawing authorisation shall state the reasons on which they are based . the applicant or the carrier operating the service concerned shall have the possibility to appeal the decisions of the authorising authority .


### authorisation shall be granted unless rejection can be justified on one or more of the following grounds : ### an application for authorisation shall be rejected only on one or more of the following grounds :


### a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a public service contract . ### a regulatory body establishes on the basis of an objective economic analysis that the service would compromise the economic equilibrium of a relevant public service contract .


### authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers . ### authorising authorities shall not reject an application solely on the grounds that the carrier offers lower prices than those offered by other road carriers unless the regulatory authority or other relevant national bodies establish that the applicant seeking to enter the market is planning to offer services below their normal value for an extended period of time , and that in doing so it is likely to undermine fair competition . authorising authorities shall not reject an application solely due to the fact that the link in question is already operated by other road carriers .


### limitation of the right of access ### right of access


### occasional services carried out on a temporary basis ; ### occasional services ;


### the end point in the manufacturing chain should be determined for each relevant component material containing animal by - products in accordance with the procedures laid down in regulation no 1069 / 2009 . where a manufacturing process regulated under this regulation starts already before that end point has been reached , the process requirements of both regulation no 1069 / 2009 and this regulation should apply cumulatively to ce marked fertilising products , which means application of the stricter requirement in case both regulations regulate the same parameter . ### the end point in the manufacturing chain should be determined for each relevant component material containing animal by - products in accordance with the procedures laid down in regulation no 1069 / 2009 . in the case of processed animal manure , the end point in the manufacturing chain should be the pasteurisation / hygienisation as foreseen in commission regulation no 142 / 2011 , implementing regulation no 1069 / 2009 , including annex xi chapter 1 section 2 or thereof .


### 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 .


### member states shall lay down rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall , without delay , notify the commission of those rules and of those measures and shall notify it , without delay , of any subsequent amendment affecting them . ### member states shall lay down rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall , without delay , notify the commission of those rules and of those measures and shall notify , without delay , any subsequent amendment affecting them .


### of solely biological origin , excluding material which is fossilized or embedded in geological formations . ### of solely biological origin , including peat , leonardite , lignite and humic substances obtained from them , but excluding other material which is fossilized or embedded in geological formations .


### 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 :


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


### cmc 4 : energy crop digestate ### cmc 4 : energy crop digestate and plant - based bio - waste


### 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 &#177 ; 0 , 7 at the time of manufacture &#177 ; 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 ± 0 , 9 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 - 15% 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 .


### forms for 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 for 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 ± 60% relative deviation at any time in the distribution chain ± 0 , 7 at the time of manufacture ± 0 , 9 at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain


### 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 ± 60% relative deviation at any time in the distribution chain ± 0 , 7 at the time of manufacture ± 0 , 9 at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain


### energy crop digestates as specified in cmc 4 , ### energy crop digestates and plant - based bio - waste as specified in cmc 4 ,


### conceptual design and manufacturing drawings and schemes , including a written description and a diagram of the production process , where each treatment , storage vessel and area is clearly identified , ### a written description and a diagram of the production process ;


### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , supporting trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . _________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 . ### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and preventing irregular migration to the territory of the union , and assisting populations , countries and regions confronting natural or man - made disasters , supporting trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . moreover , the union should apply the principle of conditionality on development aid for partner countries , against their compliance with returns and readmissions , migration management and border control . _________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 .


### it is essential to further step up cooperation on migration with partner countries , reaping the benefits of well - managed and regular migration and effectively addressing irregular migration . such cooperation should contribute to ensuring access to international protection , addressing the root causes of irregular migration , enhancing border management and pursuing efforts in the fight against irregular migration , trafficking in human beings and migrant smuggling , and working on returns , readmission and reintegration where relevant , on the basis of mutual accountability and full respect of humanitarian and human rights obligations . therefore , third countries ' effective cooperation with the union in this area should be an integral element in the general principles of this regulation . an increased coherence between migration and development cooperation policies is important to ensure that development assistance supports partner countries to manage migration more effectively . this regulation should contribute to a coordinated , holistic and structured approach to migration , maximising the synergies and applying the necessary leverage . ### it is essential to further step up cooperation on migration with partner countries , reaping the benefits of well - managed and regular migration and effectively tackling irregular migration . such cooperation should contribute to promoting national resettlement programmes , addressing the root causes of irregular migration , enhancing border control and strengthening efforts in the fight against irregular migration , trafficking in human beings and migrant smuggling , while stepping up return and readmissions . therefore , third countries ' effective cooperation with the union in this area should be an integral element in the general principles of this regulation . an increased coherence between migration and development cooperation policies is important to ensure that development assistance supports partner countries to manage migration more effectively , while preventing irregular migration to the territory of the union . this regulation should contribute to a coordinated , holistic and structured approach to migration , maximising the synergies and applying the necessary leverage .


### a more coordinated , holistic and structured approach to migration shall be pursued with partners and its effectiveness be regularly assessed . ### a more coordinated , holistic and structured approach to tackling irregular migration and human smuggling shall be pursued with partners and its effectiveness be regularly assessed .


### articles 101 and 102 of the treaty on the functioning of the european union are a matter of public policy and should be applied effectively throughout the union to ensure that competition in the internal market is not distorted . effective enforcement of articles 101 and 102 tfeu is necessary to ensure more open competitive markets in europe , where companies compete more on their merits and without company erected barriers to market entry , enabling them to generate wealth and create jobs . it protects consumers from business practices that keep the prices of goods and services artificially high and enhances their choice of innovative goods and services . ### articles 101 and 102 of the treaty on the functioning of the european union are a matter of public policy and should be applied effectively throughout the union to ensure that competition in the internal market is not distorted . effective enforcement of articles 101 and 102 tfeu is necessary to ensure more open competitive markets in europe , where companies compete more on their merits and without company erected barriers to market entry , enabling them to generate wealth and create jobs . competition is an important incentive for innovation . europe ' s small , segmented markets typically suffer more from the lack of it . competition protects consumers from business practices that keep the prices of goods and services artificially high and enhances their choice of innovative goods and services .


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


### the environmental objectives of the union as referred to in article 191 of the treaty , are preserving , protecting and improving the quality of the environment ; protecting human health ; and promoting measures at international level to deal with regional or worldwide environmental problems , and in particular combating climate change . ### the environmental objectives of the union as referred to in article 191 of the treaty , are preserving , protecting and improving the quality of the environment ; protecting human health ; and promoting measures at international level to deal with regional or worldwide environmental problems and , first and foremost , combating climate change .


### the union and its member states have been endeavouring to advance international agreement to reduce greenhouse gas impacts from aviation since 1997 and they have legislation in place since 2008 to limit the climate change impacts from aviation activities through the eu emissions trading system that has been operating since 2005 . in order to advance progress at the international civil aviation organization , the union has twice adopted time - bound derogations to the eu ets so as to limit compliance obligations to emissions from flights between aerodromes situated in the european economic area , with equal treatment on routes of aircraft operators wherever they are based . the most recent derogation from the eu ets , regulation no 421 / 2014 of the european parliament and of the council , limited compliance obligations to intra - eea flights between 2013 and 2016 , and envisaged potential changes to the scope of the system as regards activity to and from aerodromes situated outside the eea from 1 january 2017 onwards following the review set out in that regulation . ### the union and its member states have been endeavouring to advance international agreement to reduce greenhouse gas impacts from aviation since 1997 and they have legislation in place since 2008 to limit the climate change impacts from aviation activities through the eu emissions trading system that has been operating since 2005 . in order to advance progress at the international civil aviation organization , the union has needlessly twice adopted time - bound derogations to the eu ets so as to limit compliance obligations to emissions from flights between aerodromes situated in the european economic area , with equal treatment on routes of aircraft operators wherever they are based . the most recent derogation from the eu ets , regulation no 421 / 2014 of the european parliament and of the council , limited compliance obligations to intra - eea flights between 2013 and 2016 , and envisaged potential changes to the scope of the system as regards activity to and from aerodromes situated outside the eea from 1 january 2017 onwards following the review set out in that regulation .


### in order to adopt non - legislative acts of general application to supplement or amend certain non - essential elements of a legislative act , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to adopt measures for the monitoring , reporting and verification of emissions applicable to aircraft operators for the purpose of the global market - based measure being elaborated in icao . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to adopt non - legislative acts of general application to supplement or amend certain non - essential elements of a legislative act , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to adopt measures for the monitoring , reporting and verification of emissions applicable to aircraft operators for the purpose of the global market - based measure being elaborated in icao . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents simultaneously as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### the union is a contracting party to the united nations conventions on the law of the sea of 10 december 1982 16 and has ratified the 1995 united nations agreement on the implementation of the provisions of the united nations convention on the law of the sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 17 . these international provisions set out the principle that all states have to adopt appropriate measures to ensure the sustainable management of marine resources and to cooperate with each other to this end . __________________ 16 council decision 98 / 392 / ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating the implementation of part xi thereof . 17 council decision 98 / 414 / ec of 8 june 1998 on the ratification by the european community of the agreement for the implementing of the provisions of the united nations convention of the law of the sea of 10 december 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks . ### the union is a contracting party to the united nations conventions on the law of the sea of 10 december 1982 16 and has ratified the 1995 united nations agreement on the implementation of the provisions of the united nations convention on the law of the sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 august 1995 17 . these international provisions set out the principle that all states have to adopt appropriate measures to ensure the sustainable management of marine resources and the conservation of marine diversity and to cooperate with each other to this end . __________________ 16 council decision 98 / 392 / ec of 23 march 1998 concerning the conclusion by the european community of the united nations convention of 10 december 1982 on the law of the sea and the agreement of 28 july 1994 relating the implementation of part xi thereof . 17 council decision 98 / 414 / ec of 8 june 1998 on the ratification by the european community of the agreement for the implementing of the provisions of the united nations convention of the law of the sea of 10 december 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks .


### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided . ### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons and , more generally , to strengthen the blue economy , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided .


### 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 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 .


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port or the competent authority may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the outgoing provider of port services , to grant staff previously taken on by the outgoing provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### 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 .


### by 15 march 2021 and every year thereafter , member states shall report to the commission information on : ### by 30 september 2021 and every year thereafter , member states shall report to the commission information on support to developing countries , including the information specified in part 2 of annex vi ; by 31 july 2021 and every year thereafter , member states shall report to the commission information on the use of revenues generated by the member state by auctioning allowances pursuant to article 10 and article 3d or of directive 2003 / 87 / ec including the information specified in part 3 of annex vi .


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


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


### 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 . ### certain widely recognised nutritional guidelines exist at national and international level 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 , such as the eu pledge initiative and others developed in the framework of the commission’s platform for action on diet , physical activity and health , are used to effectively reduce the exposure of children 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 .


### 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 .


### in order to ensure adequate levels of investment on european works , member states should be able to impose financial obligations to on - demand service providers established on their territory . those obligations can take the form of direct contributions to the production of and acquisition of rights in european works . the member states could also impose levies payable to a fund , on the basis of the revenues made with on - demand services that are provided in and targeted towards their territory . this directive clarifies that , given the direct link between financial obligations and member states ' different cultural policies , member states are also allowed to impose such financial obligations on providers of on - demand services established in another member state which are targeted towards its territory . in this case financial obligations should only be charged on the revenues generated through the audience in that member state . ### in order to seek to improve levels of investment in european works , member states may impose financial obligations on on - demand service providers established within their jurisdiction . those financial obligations can take the form of direct contributions to the production of and acquisition of rights in european works . in accordance with the country of origin principle , member states should only impose such financial obligations on on - demand service providers established within their jurisdiction .


### in order to ensure adequate levels of investment on european works , member states should be able to impose financial obligations to on - demand service providers established on their territory . those obligations can take the form of direct contributions to the production of and acquisition of rights in european works . the member states could also impose levies payable to a fund , on the basis of the revenues made with on - demand services that are provided in and targeted towards their territory . this directive clarifies that , given the direct link between financial obligations and member states ' different cultural policies , member states are also allowed to impose such financial obligations on providers of on - demand services established in another member state which are targeted towards its territory . in this case financial obligations should only be charged on the revenues generated through the audience in that member state . ### in order to ensure adequate levels of investment on european works , it should be possible for member states to impose financial obligations to on - demand service providers established on their territory . those obligations can take the form of direct contributions to the production of and acquisition of rights in european works . financial obligations can only be levied domestically by the member states upon on - demand services within their domestic jurisdiction , in accordance with the country of origin principle .


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . in this regard , the concept of ‘ video - sharing platform provider’ should be understood in the broadest sense of the term , so as to include linear service providers and platforms for the retransmission of audiovisual media services , regardless of the technical means used for retransmission , such as cable , satellite or internet .


### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . ### regulatory authorities of the member states can achieve the requisite degree of structural independence only if established as separate legal entities and functionally independent organs of such entities . member states should therefore guarantee the independence of the national regulatory authorities from both the government , public bodies and the industry with a view to ensuring the impartiality of their decisions . this requirement of independence should be without prejudice to the possibility for member states to establish regulators having oversight over different sectors , such as audiovisual and telecom . national regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks , in terms of staffing , expertise and financial means . the activities of national regulatory authorities established under this directive should ensure respect for the objectives of media pluralism , cultural diversity , consumer protection , the internal market and the promotion of fair competition . there is a need to introduce certain obligations for member states to have independent and effective regulatory authorities . to that end , the member states should establish a set of administrative and financial requirements in order to facilitate these independent and effective regulatory authorities .


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


### member states shall communicate to the commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based . they shall subsequently inform the commission without undue delay of any changes to that list . the commission shall ensure that the competent independent regulatory authorities have access to this information . ### member states shall maintain a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based . member states shall ensure that national regulatory authorities share such lists with the commission and with other competent independent regulatory authorities , via a central database , or by other appropriate means . member states shall update such lists , without undue delay , whenever changes to the audiovisual media service providers under their jurisdiction occur .