### the enlargement process is built on established criteria and fair and rigorous conditionality . each beneficiary is assessed on the basis of its own merits . the assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in annex i to pursue the necessary far - reaching reforms . for the prospect of enlargement to become a reality , a firm commitment to the principle of the ' fundamentals first ' 15remains essential . progression towards accession depends on each applicant ' s respect for the union ' s values and its capacity to undertake the necessary reforms to align its political , institutional , legal , administrative and economic systems with the rules , standards , policies and practices in the union . _________________ 15 the ' fundamentals first ' approach links rule of law and fundamental rights with the two other crucial areas of the accession process : economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform . each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens . ### the enlargement process is built on established criteria and fair and rigorous conditionality . each beneficiary is assessed on the basis of its own merits . the assessment of progress achieved and the identification of shortcomings aim to provide incentives and guidance to the beneficiaries listed in annex i to pursue the necessary far - reaching reforms . for the prospect of enlargement to become a reality , a firm commitment to the principle of the ' fundamentals first ' 15 remains essential . progression towards accession depends on each applicant ' s respect for the union ' s values and its capacity to undertake and implement the necessary reforms to align its political , institutional , legal , social , administrative and economic systems with the rules , standards , policies and practices in the union . _________________ 15 the ' fundamentals first ' approach links rule of law and fundamental rights with the two other crucial areas of the accession process : economic governance – strengthened focus on economic development and improved competitiveness – and the strengthening of democratic institutions and public administration reform . each of the three fundamentals is of crucial importance for the reform processes in the candidate countries and potential candidates and addresses key concerns of the citizens .


### the enlargement policy of the union is an investment in peace , security and stability in europe . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership has a powerful transformative effect , embedding positive democratic , political , economic and societal change . ### the enlargement policy of the union is an investment in peace , security , prosperity and stability in europe . it provides increased economic and trade opportunities to the mutual benefit of the union and the aspiring member states . the prospect of union membership has the potential to produce powerful transformative effects and to embed positive democratic , political , economic and societal change .


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights16 . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 16 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights16 . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also promote good neighbourly relations , reconciliation and regional cooperation . it should enhance their economic and social development and economic governance , foster economic integration with the eu single market , including customs cooperation , promote an open and fair trade , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . _________________ 16 european pillar of social rights solemnly proclaimed by the european parliament , the council and the commission at the gothenburg social summit for fair jobs and growth , gothenburg 17 november 2017 .


### strengthening the rule of law , including the fight against corruption and organised crime , and good governance , including public administration reform , remain key challenges in most of the beneficiaries listed in annex i and are essential in order for beneficiaries to come closer to the union and later to fully assume the obligations of union membership . in view of the longer - term nature of the reforms pursued in those areas and the need to build up track records , financial assistance under this regulation should address the requirements placed on the beneficiaries listed in annex i as early as possible . ### strengthening the rule of law , including the fight against corruption , money laundering and organised crime , and good governance , including public administration reform , the independence of the judiciary , transparency , public procurement , competition , state aid , intellectual property and foreign investments remain key challenges in most of the beneficiaries listed in annex 1 and are essential in order for the beneficiaries to come closer to the union and later to fully assume the obligations of union membership .


### in accordance with the principle of participatory democracy , parliamentary oversight in each beneficiary listed in annex i should be encouraged by the commission . ### the parliamentary dimension remains key in the accession process : for this reason , in accordance with the principle of participatory democracy , parliamentary oversight in each beneficiary listed in annex i should be encouraged by the commission , which should also make the best possible use of the powers of the european parliament .


### the priorities for action towards meeting objectives in the relevant policy areas which will be supported under this regulation should be defined in a programming framework established by the commission for the duration of the union multiannual financial framework for the period from 2021 to 2027 in partnership with the beneficiaries listed in annex i , based on the enlargement agenda and their specific needs , in line with the general and specific objectives defined by this regulation and taking relevant national strategies into due account . the programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support , including an estimate of climate - related expenditure . ### the priorities for action towards meeting objectives in the relevant policy areas which will be supported under this regulation should be defined in a programming framework established by the commission for the duration of the union multiannual financial framework for the period from 2021 to 2027 in partnership with the beneficiaries listed in annex i , taking into account , and consulting , civil society in the beneficiary countries , that definition being based on the enlargement agenda and their specific needs , in line with the general and specific objectives defined by this regulation and taking relevant national strategies and the relevant resolutions of the european parliament into due account . the programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support , including an estimate of climate - related expenditure .


### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . ### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities , addressing inequalities and poverty and promoting the transition from institutional to family and community based care . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as inclusive and non - segregated early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . actions that contribute to any form of segregation or social exclusion should not be supported ;


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


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 regulation no 1107 / 2009 should therefore be amended accordingly . _________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , micro - organisms and mixtures thereof , commonly referred to as plant biostimulants , are not necessarily nutrients , but nevertheless stimulate plants ' general vigour and nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , nutrient availability tolerance to abiotic stress , plant quality traits , degradation of soil organic matter , or at increasing the availability of confined nutrients in the soil or the rhizosphere , or yield , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . _________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### this regulation should not prevent the application of existing union legislation relating to aspects of protection of health , safety and the environment not covered by this regulation . this regulation should therefore apply without prejudice to council directive 86 / 278 / eec22 , council directive 89 / 391 / eec23 , regulation no 1907 / 2006 of the european parliament and of the council24 , regulation no 1272 / 2008 of the european parliament and of the council25 , commission regulation no 1881 / 200626 , council directive 2000 / 29 / ec27 , regulation no 98 / 2013 of the european parliament and of the council28 , and regulation no 1143 / 2014 of the european parliament and of the council29 . _________________ 22 council directive 86 / 278 / eec of 12 june 1986 on the protection of the environment , and in particular of the soil , when sewage sludge is used in agriculture . 23 council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work . 24 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . 25 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . 26 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs . 27 council directive 2000 / 29 / ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community . 28 regulation no 98 / 2013 of the european parliament and of the council of 15 january 2013 on the marketing and use of explosives precursors . 29 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species . ### fertilising products which are ce marked in accordance with this regulation should be afforded equal treatment and not unduly discriminated against by rules laid down in other union legislation . no preferences should be granted to any type of ce marked fertilising products and no derogations should be granted to any fertilising products from generally - applicable eu law . this regulation should not prevent the application of existing union legislation relating to aspects of protection of health , safety and the environment not covered by this regulation . this regulation should therefore apply without prejudice to council directive 86 / 278 / eec22 , council directive 89 / 391 / eec23 , regulation no 1907 / 2006 of the european parliament and of the council24 , regulation no 1272 / 2008 of the european parliament and of the council25 , commission regulation no 1881 / 200626 , council directive 2000 / 29 / ec27 , regulation no 98 / 2013 of the european parliament and of the council28 , and regulation no 1143 / 2014 of the european parliament and of the council29 . _________________ 22 council directive 86 / 278 / eec of 12 june 1986 on the protection of the environment , and in particular of the soil , when sewage sludge is used in agriculture . 23 council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work . 24 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . 25 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . 26 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs . 27 council directive 2000 / 29 / ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community . 28 regulation no 98 / 2013 of the european parliament and of the council of 15 january 2013 on the marketing and use of explosives precursors . 29 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species .


### ce - marked fertilising products should be placed on the market only if they are sufficiently effective and do not present unacceptable risks to human , animal or plant health , to safety or to the environment when properly stored and used for their intended purpose , and under conditions of use which can be reasonably foreseen , that is when such use could result from lawful and readily predictable human behaviour . therefore , requirements for safety and quality , as well as appropriate control mechanisms , should be established . furthermore , the intended use of ce marked fertilising products should not lead to food or feed becoming unsafe . ### ce - marked fertilising products should be placed on the market only if they their efficacy has been proven and do not present unacceptable risks to human health , to safety or to the environment when properly stored and used for their intended purpose , and under conditions of use which can be reasonably foreseen , that is when such use could result from lawful and readily predictable human behaviour . therefore national states are responsible for establishing appropriate control mechanisms for safety and quality requirements . furthermore , the intended use of ce marked fertilising products should not lead to food or feed becoming unsafe .


### furthermore , it should be possible to react immediately to new findings regarding the conditions for ce marked fertilising products to be sufficiently effective and to new risk assessments regarding human , animal or plant health , safety or the environment . for that purpose , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to amend the requirements applicable to various categories of ce marked fertilising products . ### furthermore , it should be possible to react immediately to new findings regarding the conditions for ce marked fertilising products to be sufficiently effective and to new risk assessments regarding human health or the environment . for that purpose , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to amend the requirements applicable to various categories of ce marked fertilising products . when adopting delegated acts , the commission should ensure that all fertilizer products will be treated equally with no preference to any types of fertilizers .


### ‘ substance’ means a substance within the meaning of article 3 of regulation no 1907 / 2006 ; ### ‘ substance’ means a chemical element and its compounds in the natural state or obtained by any manufacturing process , including any additive necessary to preserve its stability and any impurity deriving from the process used , but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition ;


### manufacturers shall keep the technical documentation and the eu declaration of conformity for 10 years after the ce marked fertilising product covered by those documents has been placed on the market . ### manufacturers shall keep the technical documentation and the eu declaration of conformity for 6 years after the ce marked fertilising product covered by those documents has been placed on the market ,


### when deemed appropriate with regard to the performance of or the risks presented by a ce marked fertilising product , importers shall carry out sample testing of such fertilising products made available on the market , investigate , and , if necessary , keep a register of complaints , of non - conforming ce marked fertilising products and recalls of such products , and shall keep distributors informed of any such monitoring . ### when deemed appropriate with regard to the performance of or the risks presented by a ce marked fertilising product , importers must carry out sample testing of such fertilising products made available on the market , investigate , and , if necessary , keep a register of complaints , of non - conforming ce marked fertilising products and recalls of such products , and is obliged to keep distributors informed of any such monitoring .


### importers shall place only compliant ce marked fertilising products on the market . ### only compliant ce marked fertilizer can be imported to eu and placed on the eu market


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


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


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


### the commission shall be empowered to adopt delegated acts in accordance with article 43 to amend annexes i to iv for the purposes of adapting them to technical progress and facilitating internal market access and free movement for ce marked fertilising products ### the commission shall be empowered to adopt delegated acts in accordance with article 43 to amend annexes&#160 ; iii to iv for the purposes of adapting them to technical progress and facilitating internal market access and free movement for ce&#160 ; marked fertilising products


### 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 .


### lead 150 mg / kg dry matter , ### lead 20 mg / kg dry matter ,


### –2% by mass of total nitrogen , ### –2 , 5 % by mass of total nitrogen , or


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


### lead 120 mg / kg dry matter . ### lead 20 mg / kg dry matter .


### arsenic 60 mg / kg dry matter , ### arsenic 20 mg / kg dry matter ,


### - arsenic 120 mg / kg dry matter . ### - arsenic 20 mg / kg dry matter .


### - hexavalent chromium 2 mg / kg dry matter , ### - hexavalent chromium 1 mg / kg dry matter ,


### the commission may adopt , in the form of a recommendation , a practical handbook on european cooperation on coastguard functions , containing guidelines , recommendations and best practices for the exchange of information and cooperation at national , union and international level . ### the commission may , after consulting parliament , adopt , in the form of a recommendation , a practical handbook on european cooperation on coastguard functions , containing guidelines , recommendations and best practices for the exchange of information and cooperation at national , union and international level .


### regulation no 1380 / 2013 stresses the need to promote the objectives of the cfp internationally , ensuring that union fishing activities outside union waters are based on the same principles and standards as those applicable under union law , while promoting a level playing field for union operators and third - country operators . ### regulation no 1380 / 2013 stresses the need to promote the objectives of the cfp internationally , ensuring that union fishing activities outside union waters are based on the same principles and standards as those applicable under union law , while promoting a level playing field for union operators and third - country operators . social and environmental legislation adopted by third countries may differ from that of the union , creating different standards for fishing fleets . that situation could lead to authorisation for fishing activities inconsistent with the sustainable management of marine resources . it is therefore necessary to ensure consistency with environmental , fisheries , trade and development activities of union development activities , especially when it affects fisheries in developing countries with low administrative capacity and where the risk of corruption is high .


### - evidence of the sustainability of the planned fishing activities , on the basis of : ∙ a scientific evaluation provided by the third country and / or by a regional fisheries management organisation ; and ∙ an examination of the latter by the flag member state on the basis of the assessment of its national scientific institute ; ### - evidence of the sustainability of the planned fishing activities , in line with an ecosystem - based approach to fisheries management as defined in point 9 of article 4 of regulation no 1380 / 2013 together with the precautionary approach and on the basis of : ∙ a scientific evaluation , taking into account the conservation of living marine resources and marine ecosystems , provided by the third country and / or by a regional fisheries management organisation ; and ∙ an examination of the latter by the flag member state on the basis of the assessment of its national scientific institute ;


### a flag member state may only issue a fishing authorisation for fishing activities on the high seas if the eligibility criteria in article 5 are fulfilled . ### a flag member state may only issue a fishing authorisation for fishing activities on the high seas if : the eligibility criteria in article 5 are fulfilled ; the planned fishing activities are : - based on an ecosystem - based approach to fisheries management as defined in point 9 of article 4 of regulation no 1380 / 2013 ; and - in accordance with a scientific evaluation , taking into account the conservation of living marine resources and marine ecosystems provided by the national scientific institute of the flag member state .


### where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services , tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services . ### where managing bodies of the port or competent authorities require providers of port services to comply with certain social standards as regards the provision of relevant port services , tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services .


### in order to ensure the effective implementation of this directive , it is crucial for member states to keep up - to - date records of the audiovisual media service providers and video - sharing platform providers under their jurisdiction and regularly share those records with their competent independent regulatory authorities and the commission . those records should include information about the criteria on which jurisdiction is based . ### in order to ensure the effective implementation of this directive , it is crucial for member states to keep up - to - date , transparent records of the audiovisual media service providers and video - sharing platform providers under their jurisdiction and regularly share those records with their competent independent regulatory authorities and the commission . those records should include information about the criteria on which jurisdiction is based .


### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means . ### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . it is advisable to differentiate between children and adolescents , taking into account the current evolution of european societies . 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 remove barriers to the free circulation of cross - border services within the union , it is necessary to ensure the effectiveness of self - and co - regulatory measures aiming , in particular , at protecting consumers or public health . when well enforced and monitored , codes of conduct at union level might be a good means of ensuring a more coherent and effective approach . ### in order to remove barriers to the free circulation of cross - border services within the union , it is necessary to ensure the effectiveness of self - and co - regulatory measures , in line with a clear regulatory framework , aiming in particular at protecting consumers or public health . when well enforced and monitored , codes of conduct at union level might be a good means of ensuring a more coherent and effective approach .


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


### ‘ 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 and videos of short duration , regarding length ; regarding content , possible examples include sports events , situation comedies , documentaries , children’s programmes and original drama , etc . ;


### ' ' sponsorship ' means any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or in the production of audiovisual works , to the financing of audiovisual media services or programmes with a view to promoting their name , trade mark , image , activities or products ; ' ### article 1 , paragraph 1 , point k is replaced by the following : ' ' sponsorship ' means any direct or indirect contribution , financial or in kind , made by public or private undertakings or natural persons not engaged in providing audiovisual media services or in the production of audiovisual works , to the production of audiovisual media services or programmes with a view to promoting their name , trade mark , image , activities or products ; this action , when communicated to the public , it is deemed to constitute an audiovisual commercial communication ; '


### ' ' product placement ' means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product , a service or the trade mark thereof so that it is featured within a programme , in return for payment or for similar consideration ; ' ### article 1 , paragraph 1 , point m is replaced by the following : ' ' product placement ' means any audiovisual commercial communication consisting of the inclusion of or reference to a product , a service or the trade mark thereof so that it is featured within a programme , in return for payment or for similar consideration ; '


### ' 4 . media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a member state in the following cases : they use a satellite up - link situated in that member state ; although they do not use a satellite up - link situated in that member state , they use satellite capacity appertaining to that member state . ' ### in article 2 , paragraph 4 is amended as follows : ' 4 . media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of the member state where they have chosen to have tax residence . this choice represents a definitive choice of jurisdiction for all purposes regarding this directive . where the tax residence can be established in two or more member states , the member states concerned shall ensure that the provider clearly and promptly declares in which of these member states it shall be deemed to have tax residence . this declaration cannot be changed until the end of the fiscal year . '


### where , in applying articles 3 and 4 of this directive , the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request . if the commission requests an opinion from erga , the time - limits set out in articles 3 and 4 shall be suspended until erga has adopted an opinion . ### where , in applying articles 3 and 4 of this directive , the member states concerned do not agree on which member state has jurisdiction , they shall bring the matter to the commission ' s attention without undue delay . where necessary , the commission may request the european regulators group for audiovisual media services to provide an opinion on the matter within 15 working days from submission of the commission ' s request . if the commission requests an opinion from erga , the time - limits set out in articles 3 and 4 shall be suspended until erga has adopted an opinion . in any case , the commission shall decide on the matter within 30 working days from the submission of the member states ' request and shall publish its decision including the supporting rationale , in a transparent and easily accessible manner .


### the member state concerned has notified the media service provider , the member state which has jurisdiction over the provider and the commission in writing of the alleged contraventions and of the measures it intends to take should any such alleged contraventions occur again ; ### the member state concerned has notified , in writing , the media service provider , the member state which has jurisdiction over the provider and the commission of the alleged contraventions and of the measures it intends to take should any such alleged contraventions occur or are detected again ;


### the commission shall , within three months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within three months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall , within three months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law , in particular in light of their substantial compliance with the union ' s objectives of protection laid down in articles 6 , 7 , 9 , 10 , 11 and 12 of this directive and the freedoms and rights enshrined in the charter of fundamental rights of the european union . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within three months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### in paragraph 3 , the following second subparagraph is inserted after point of the first subparagraph : ### paragraph 3 is replaced by the following : ‘ the first member state may adopt appropriate measures against the media service provider concerned where it assesses that : the results achieved through the application of paragraph 2 are not satisfactory ; and the media service provider in question has established itself in the member state having jurisdiction in order to circumvent the stricter rules that would be applicable , in the fields coordinated by this directive , to it if it were established in the first member state . the member state which took steps in accordance with points and of paragraph 2 should substantiate the grounds on which it bases its assessment of the alleged circumvention and publish the decision or equivalent legal instrument containing the measures adopted , including the corresponding rationale . the member state which took steps in accordance with points and of paragraph 2 should substantiate the grounds on which it bases its assessment of the alleged circumvention and publish the decision or equivalent legal instrument containing the measures adopted , including the corresponding rationale . such measures shall be objectively necessary , applied in a non - discriminatory manner and proportionate to the objectives which they pursue . ; ’


### it has respected the rights of defence of the broadcaster concerned and , in particular , has given the broadcaster the opportunity to express its views on the alleged circumvention and the measures the notifying member states intends to take ; ### it has respected the rights of defence of the media service provider concerned and , in particular , has given the media service provider the opportunity to express its views on the alleged circumvention and the measures the notifying member states intends to take ;


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . ### without prejudice to their duty to uphold , amend or adopt regulatory measures implementing the obligations laid down in this directive , member states may authorise co - regulatory and / or self - regulatory initiatives arising in sub - fields coordinated by this directive characterised by significant technological and / or commercial innovation , to the extent permitted by their legal systems . member states shall verify that these co - regulation or self - regulation initiatives , which may include codes of conduct , shall be broadly accepted by the main stakeholders in the member states concerned . co - regulation and self - regulation initiatives shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide mechanisms for ensuring actual self - enforcement . the authorisation granted for co - regulatory and / or self - regulatory initiatives shall be regularly reviewed in the light of the preceding requirements , and taking into account technological development .


### draft union codes of conduct referred to in articles 6a , 9 and 9 and amendments or extensions to existing union codes of conduct shall be submitted to the commission by the signatories of these codes . ### draft union co - regulation and self - regulation initiatives referred to in articles 6a , 9 and 9 and amendments or extensions to existing union codes of conduct shall be submitted to the commission , by the signatories of these initiatives .


### member states shall ensure that audiovisual commercial communications provided by media service providers under their jurisdiction comply with the following requirements : ### in article 9 , the introductory part is replaced by the following : audiovisual commercial communications provided by media service providers under the jurisdiction of member states shall be permitted on condition that they comply with the following requirements :


### include or promote any discrimination based on sex , racial or ethnic origin , nationality , religion or belief , disability , age or sexual orientation ; ### in point c of paragraph 1 , point ii is replaced by the following : include , tolerate or promote any discrimination as provided for in article 21 of the charter of fundamental rights of the european union ;


### encourage behaviour grossly prejudicial to the protection of the environment ; ### in point c of paragraph 1 , point iv is replaced by the following : encourage behaviour prejudicial to the protection of the environment ;


### audiovisual commercial communication for medicinal products and medical treatment available only on prescription in the member state within whose jurisdiction the media service provider falls shall be prohibited ; ### in paragraph 1 , point f is replaced by the following : audiovisual commercial communication for medicinal products and medical treatment shall be prohibited ;


### audiovisual commercial communications shall not cause physical or moral detriment to minors . therefore they shall not directly exhort minors to buy or hire a product or service by exploiting their inexperience or credulity , directly encourage them to persuade their parents or others to purchase the goods or services being advertised , exploit the special trust minors place in parents , teachers or other persons , or unreasonably show minors in dangerous situations . ### in paragraph 1 , point g is replaced by the following : all forms of audiovisual commercial communications that feature and / or promote financial products and services that prove to be harmful for consumers , especially those containing intrinsic risks which are not easily and immediately recognisable by the layperson , shall be prohibited ;


### the commission and erga shall encourage the exchange of best practices on self - and co - regulatory systems across the union . if considered appropriate , the commission shall facilitate the development of union codes of conduct . ### the commission and erga shall encourage the exchange of best practices on self - and co - regulatory systems across the union for the purpose set out in paragraph 2 , subparagraph 4 , and paragraph 3 , subparagraph 3 . where appropriate , the commission shall facilitate the development of union codes of conduct . the commission shall make these best practices effectively and easily accessible to the public .


### member states shall waive the requirements laid down in paragraphs 1 and 2 for providers with a low turnover or low audience or if they are small and micro enterprises . member states may also waive such requirements in cases where they would be impracticable or unjustified by reason of the nature or theme of the on - demand audiovisual media services . ### member states shall waive the requirements laid down in paragraph 2 for providers under their jurisdiction with a low turnover or low audience or if they are small and micro enterprises , start - ups or independent producers . member states shall adopt measures to achieve the goal set out in paragraph 1 with regard to independent producers , small and micro enterprises and start - ups .


### television advertising and teleshopping shall be readily recognisable and distinguishable from editorial content . without prejudice to the use of new advertising techniques , television advertising and teleshopping shall be kept quite distinct from other parts of the programme by optical and / or acoustic and / or spatial means . ### in article 19 , paragraph 1 is replaced by the following : television advertising and teleshopping shall be readily and effectively recognisable and distinguishable from editorial content . without prejudice to the use of new advertising techniques , television advertising and teleshopping shall be kept clearly distinct from other parts of the programme by optical and / or acoustic and / or spatial means .


### member states shall communicate to the commission a list of the video - sharing platform providers established on their territory and the criteria , set out in article 3 of directive 2000 / 31 / ec and in paragraph 1 , on which their jurisdiction is based . they shall update the list regularly . the commission shall ensure that the competent independent regulatory authorities have access to this information . ### member states shall communicate to the commission a list of the video - sharing platform providers established on their territory and the criteria , set out in article 3 of directive 2000 / 31 / ec and in paragraph 1 , on which their jurisdiction is based . they shall update the list regularly . the commission shall ensure that the competent independent regulatory authorities and the public have easy and effective access to this information .


### to facilitate effective implementation of this directive through regular consultation on any practical problems arising from its application , and particularly from the application of article 2 , as well as on any other matters on which exchanges of views are deemed useful ; ### in article 29 point a is replaced by the following : to facilitate effective implementation of this directive through regular consultation on any practical problems arising from its application , and particularly from the application of article 2 ;


### to deliver own - initiative opinions or opinions requested by the commission on the application by the member states of this directive ; ### in article 29 , point b is replaced by the following : to deliver opinions on the application by the member states of this directive , either at its own - initiative or requested by the commission or by erga ;


### to discuss the outcome of regular consultations which the commission holds with representatives of broadcasting organisations , producers , consumers , manufacturers , service providers and trade unions and the creative community ; ### in article 29 , point d is replaced by the following : to discuss the outcome of regular consultations which the commission holds with all stakeholders involved in this directive ;


### to facilitate the exchange of information between the member states and the commission on the situation and the development of regulatory activities regarding audiovisual media services , taking account of the union ' s audiovisual policy , as well as relevant developments in the technical field ; ### in article 29 , point e is replaced by the following : to facilitate the exchange of information between the member states and the commission on the situation and the development of regulatory activities regarding audiovisual media services ;


### to examine any development arising in the sector on which an exchange of views appears useful . ### in article 29 , point f is replaced by the following : to discuss or examine any regulatory or technical matter or development arising in the sector , either in the union or in third countries , on which an exchange of views appears useful .


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


### there is currently an imbalance in the performance of customs control by member states . this imbalance is due both to geographic differences between member states and in their respective capacities and resources . the ability of member states to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability of modern and reliable customs control equipment . the provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance . it will improve equivalence in the performance of customs controls throughout member states and thereby avoid the diversion of the flows of goods towards the weakest points . ### there is currently an imbalance in the performance of customs control by member states . this imbalance is due both to geographic differences between member states , their respective capacities and resources , and different administrative cultures , but in some cases it is also due to a precise intention by custom authorities to favour their entry point at the detriment of other eu ports .


### owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; or ### owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 90 days on average per year during the two calendar years preceding the year of submission of the application for support ; or


### the commercial activities of the vessel concerned are stopped during at least 90 consecutive days ; and ### the fishing activities of the vessel concerned are stopped during at least 30 consecutive days ; and


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### the development of european identity and citizenship is also based on the smooth functioning of the internal market , which comprises an area without internal frontiers where the free movement of services and persons is guaranteed and encouraged . it is therefore necessary to ensure seamless access to online content services throughout the union by providing that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union for such purposes as leisure , business or study . therefore , barriers that hamper access and use of such online content services cross border should be eliminated .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . at a time when business models are evolving , we are witnessing a growing demand on the part of consumers for cross - border portability when they move across the union , as well as of cross - device portability in their daily lives .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers who are exercising their fundamental right of freedom of movement within the union often cannot access and use the online content services that they have acquired the right to use in their home country .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . in order not to compromise the current financing system of the audio - visual sector , which might cause a loss both in revenues and in the cultural diversity of the offer , this regulation should not substantially alter the territorial principle . it should not be possible to interpret portability as open cross - border access .


### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . a registration to receive content alerts or a mere acceptance of html cookies should not be regarded as a contract for the provision of online content service for the purposes of this regulation . ### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . a registration to receive content alerts , mere acceptance of html cookies or payment of a universal mandatory fee such as a broadcasting licence fee , should not be regarded as a contract for the provision of online content service for the purposes of this regulation .


### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders . ### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in the subscriber’s member state of residence to do so across borders .


### this regulation should apply to online content services which are provided against payment of money . providers of such services are in a position to verify the member state of residence of their subscribers . the right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service , or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider . ### this regulation should apply to online content services which are provided against payment of money , either through a service contract or through a compulsory television or broadcasting residence - based licence fee . providers of such services are in a position to verify the member state of residence of their subscribers or licensees . the right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service , or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider .


### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as concerns verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers . ### providers of online content services which are provided without payment of money should have the option to be included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . if they exercise that option , these providers should comply with the same obligations as are laid down in this regulation for the providers of online content services which are provided against payment of money . failing to verify the member state of residence of the subscribers effectively and therefore not being included in the scope of this regulation should mean that these providers cannot take advantage of the mechanism mentioned in article 4 and are therefore unable to provide portability for the content offered .


### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation . ### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect , either through any contractual clause or unilaterally by the service provider . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation .


### service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the member state of their temporary presence . therefore clauses in contracts designed to prohibit or limit the cross - border portability of online content services should be unenforceable . ### service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the member state of their temporary presence . therefore clauses in contracts designed to prohibit or limit the cross - border portability of online content services should be unenforceable . neither the service providers nor the holders of rights relevant for the provision of online content services should be allowed to circumvent this regulation through the choice of the law of a non - member country as the law applicable to contracts concluded between them or to contracts concluded between providers and subscribers .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation requires the service provider to make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means of verification and authentication are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required .


### contracts under which content is licensed are usually concluded for a relatively long duration . consequently , and in order to ensure that all consumers residing in the union can enjoy the cross - border portability feature of online content services on an equal basis in time and without any undue delay , this regulation should also apply to contracts concluded and rights acquired before the date of its application if they are relevant for the cross - border portability of an online content service provided after that date . this is also necessary in order to ensure a level playing field for service providers operating in the internal market , by enabling providers who concluded contracts with right holders for a long duration to offer cross - border portability to their subscribers , independently of the provider ' s possibility to renegotiate such contracts . moreover , this provision should ensure that when service providers make arrangements necessary for the cross - border portability of their services , they will be able to offer such portability with regard to the entirety of their online content . finally , it should also allow right holders not having to renegotiate their existing licensing contracts in order to enable the offering of the cross - border portability of services by providers . ### contracts under which content is licensed are usually concluded for a relatively long duration . consequently , and in order to ensure that all consumers residing in the union can enjoy the cross - border portability feature of online content services on an equal basis in time and without any undue delay , this regulation should also apply to contracts concluded and rights acquired before the date of its application if they are relevant for the cross - border portability of an online content service provided after that date . such ex - post applicability should not involve any additional costs for the customer , monetary or of any other kind , nor any significant additional burden for the provider . this is also necessary in order to ensure a level playing field for service providers operating in the internal market , by enabling providers who concluded contracts with right holders for a long duration to offer cross - border portability to their subscribers , independently of the provider ' s possibility to renegotiate such contracts . moreover , this provision should ensure that when service providers make arrangements necessary for the cross - border portability of their services , they will be able to offer such portability with regard to the entirety of their online content . finally , it should also allow right holders not having to renegotiate their existing licensing contracts in order to enable the offering of the cross - border portability of services by providers .


### the functioning of the wholesale roaming market should allow that operators recover all costs of providing regulated wholesale roaming services , including joint and common costs . this should preserve incentives to invest in visited networks and avoid any distortion of domestic competition in the visited markets caused by regulatory arbitrage by operators using wholesale roaming access remedies to compete in domestic visited markets . ### the functioning of the wholesale roaming market should allow that operators recover operational costs of providing regulated wholesale roaming services , also considering joint and common costs , although using extreme prudence in the consideration of overhead costs , which should be supported autonomously by domestic business models . it is important also that the wholesale cost model does not encourage downstream of the wholesale market practices like initial minimum or flat charges to the retail customer . this should preserve incentives to invest in visited networks and avoid any distortion of domestic competition in the visited markets caused by regulatory arbitrage by operators using wholesale roaming access remedies to compete in domestic visited markets .


### therefore , the existing maximum wholesale roaming charges for voice calls , sms and data services should be lowered . ### therefore , the existing maximum wholesale roaming charges for voice calls , sms and data services should be substantially lowered .


### ' 2 . mobile network operators may refuse requests for wholesale roaming access only on the basis of objective criteria . ' ### in article 3 , paragraph 2 is replaced by the following : ' 2 . mobile network operators may refuse requests for wholesale roaming access only after applying for authorisation from their national regulatory authority , on the basis of objective criteria . the application shall be made available to the public . '


### ' 6 . the reference offer referred to in paragraph 5 shall be sufficiently detailed and shall include all components necessary for wholesale roaming access as referred to in paragraph 3 , providing a description of the offerings relevant for direct wholesale roaming access and wholesale roaming resale access , and the associated terms and conditions . that reference offer may include conditions to prevent permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’ customers while the latter are periodically travelling within the union . if necessary , national regulatory authorities shall impose changes to reference offers to give effect to obligations laid down in this article . ' ### in article 3 , paragraph 6 is replaced by the following ' 6 . the reference offer referred to in paragraph 5 shall be sufficiently detailed and shall include all components necessary for wholesale roaming access as referred to in paragraph 3 , providing a description of the offerings relevant for direct wholesale roaming access and wholesale roaming resale access , and the associated terms and conditions . that reference offer may include conditions to prevent permanent roaming or anomalous or abusive use of wholesale roaming access for purposes other than the provision of regulated roaming services to roaming providers’ customers while the latter are periodically travelling within the union . if necessary , national regulatory authorities shall impose changes to reference offers to give effect to obligations laid down in this article . operators seeking wholesale roaming access shall be able to file complaints with the national regulatory authorities . the national regulatory authorities shall answer such complaints within one month of receipt , justifying the decision adopted . the complaint and the corresponding decision shall be notified to berec and made accessible to the public . '


### olive oil is tunisia’s main agricultural export product to the union and the olive oil industry is an important part of the country’s economy . ### olive oil is tunisia’s main agricultural export product to the union and the olive oil industry is an important part of the country’s economy , as it is of the economies of some member states .


### information needs for management of the common fisheries policy ; ### information needs for the management of common fisheries policy , including compliance with union environmental legislation , in particular the objective of achieving good environmental status by 2020 , as set out in article 1 of directive&#160 ; 2008 / 56 / ec , and consistency with other union policies , as referred to in article&#160 ; 2 of regulation no&#160 ; 1380 / 2013 ;


### coordinate the preparation of the annual report referred to in article 10 ; ### coordinate the preparation of the national work plan referred to in article 6 and of the annual report referred to in article 10 ;


### ensure attendance of relevant experts in meetings organized by the commission and participation in the relevant regional co - ordination groups referred to in article 8 . ### coordinate the attendance of relevant experts in expert group meetings organised by the commission and the meetings referred to in article 20 and participation in the relevant regional co - ordination groups referred to in article 8 .


### access to the sampling sites ### access to the sampling sites and data sources


### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 _________________ 34 com271 final . ### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 . for the purpose of applying this regulation the european union agency and the member states should take into account the information provided by the un high commissioner for refugees and non - governmental organisations active on the ground . _________________ 34 com 271 final .


### when the refugee status or the subsidiary protection status ceases to exist , the application of the decision by which the determining authority of a member state revokes , ends or does not renew the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law . ### when the status of beneficiary of international protection ceases to exist , the application of the decision by which the determining authority of a member state revokes , ends or does not renew the status should be deferred for a reasonable period of time after adoption , in order to give the third - country national or stateless person concerned the possibility to apply for residence on the basis of other grounds than those having justified the granting of international protection , such as family reasons , or reasons related to employment or to education , in accordance with relevant union and national law .


### no later than 30 days after international protection has been granted , a residence permit shall be issued using the uniform format as laid down in regulation no 1030 / 2002 . ### as soon as possible and in any event no later than 30 days after international protection has been granted , a residence permit shall be issued using the uniform format as laid down in regulation no 1030 / 2002 .


### competent authorities , where necessary shall facilitate the full access to the activities referred to in paragraph and . ### competent authorities shall facilitate full access to the activities referred to in paragraph and .


### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of audiovisual media services distribution . _________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm . ### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in economically challenging rural and remote areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of audiovisual media services distribution . _________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm .


### spectrum sharing within a common frequency band between bidirectional wireless broadband use , on the one hand , and unidirectional television broadcasting or wireless audio pmse use , on the other hand , is technically problematic . this means that repurposing the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive dtt and wireless audio pmse users of part of their spectrum resources . the dtt and pmse sectors therefore need long - term regulatory predictability on the availability of sufficient spectrum , so that they can safeguard the sustainable provision and development of their services , in particular free - to - view television . measures may be needed at national and union level to ensure additional spectrum resource for wireless audio pmse use outside the 470 - 790 mhz frequency band . ### spectrum sharing within a common frequency band between bidirectional wireless broadband use , on the one hand , and unidirectional television broadcasting or wireless audio pmse use , on the other hand , is technically problematic . this means that repurposing the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive dtt and wireless audio pmse users of part of their spectrum resources . the dtt and pmse sectors therefore need long - term regulatory predictability on the availability of sufficient spectrum , so that they can safeguard the sustainable provision and development of their services , in particular free - to - view television , and ensure that national and european audiovisual policy objectives such as social cohesion , media pluralism and cultural diversity are met . measures may be needed at national and union level to ensure additional spectrum resource for wireless audio pmse use outside the 470 - 790 mhz frequency band .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . compensation schemes should focus in particular on the special needs of smes and start - ups , which do not have the same financial capacity as other firms . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies , with due regard for the principle of technological neutrality .


### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . _________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services . ### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . _________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services , as subsequently amended by directive 2009 / 140 / ec of 25 november 2009 .


### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use . ### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use . member states shall , on account of the fact that radio frequencies are a public good of major social , cultural and economic significance , ensure that all procedures relating to them are based on the criteria of transparency , objectivity , non - discrimination and proportionality and that the frequencies are managed in such a way as to provide the greatest possible social benefits and secure the highest possible standard of public health protection and the greatest possible degree of connectivity for all eu citizens , at a price they can all afford .


### by 30 june 2022 , member states shall allow the transfer or leasing of the rights of use of spectrum for electronic communications services in the 694 - 790 mhz frequency band . ### by 30 june 2022 , member states shall allow the transfer or leasing of the rights of use of spectrum for electronic communications services in the 694 - 790 mhz frequency band and ensure that procedures are based on the criteria of transparency , objectivity , non - discrimination and proportionality and are managed in such a way as to provide the greatest possible social benefits and secure the highest possible standard of public health protection and the greatest possible degree of connectivity for all eu citizens , at a price they can all afford .


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### by 30 june 2017 , with a view to fulfilling their obligations under articles 1 and 4 , member states shall adopt their national plan and schedule and shall ensure maximum transparency and the widest possible public involvement in the drafting of the plan and schedule and include sections on strengthening public broadcasting systems , securing the degree of connectivity referred to in article 3 and providing new opportunities for smes and start - ups . member states shall publish the plan and schedule and include a detailed description of the technical grounds for the proposed measures and the timescales chosen .


### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects that address root causes of the migration and contribute to long - term economic resilience and safeguard sustainable development in beneficiary countries . eib financing operations shall , in particular , address increased needs for infrastructure and related services to cater for the migrants influx , and boost employment opportunities for host and refugee communities to foster economic integration and enable refugees to become self - reliant . ### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects that address root causes of the migration and contribute to long - term economic resilience , creating a circular economy and safeguarding sustainable development in beneficiary countries . eib financing operations shall , in particular , address increased needs for infrastructure and related services to cater for the migrants influx , and boost employment opportunities for host and refugee communities to foster economic integration and enable refugees to become self - reliant .