### given that key features of the global market - based measure have yet to be developed and that its implementation depends on domestic legislation by states and regions , it is considered appropriate for a review to take place once there is clarity about the nature and content and of these legal instruments in advance of the start of icao ' s global market - based measure , and a report submitted to the european parliament and council . that report should consider any standards or other instruments adopted through icao , the actions taken by third countries to implement the global market - based measure to apply to emissions from 2021 and other relevant international developments . that report should consider how to implement these instruments in union law through a revision of the eu ets . it should also consider the rules applicable to intra - eea flights as appropriate . that report should be accompanied by a proposal as appropriate to the european parliament and the council consistent with ensuring the contribution of aviation to the union ' s 2030 economy - wide greenhouse gas reduction commitment . ### given that key features of the global market - based measure have yet to be developed and that its implementation depends on domestic legislation by states and regions , the icao measure should , and indeed must , be reviewed once there is clarity about the nature and content of these legal instruments , and a report should be submitted to the european parliament and the council . that report should consider any standards or other instruments adopted through icao , the actions taken by third countries to implement the global market - based measure to apply to emissions from 2021 and other relevant international developments . that report should consider how these instruments are to be made consistent with the eu ets . that report should be accompanied by a proposal as appropriate to the european parliament and the council consistent with ensuring the contribution of aviation to the union ' s 2030 economy - wide greenhouse gas reduction commitment .


### the report should consider ways for those icao instruments to be implemented in union law through a revision of this directive . the report shall also consider the rules applicable in respect of flights within the european economic area as appropriate . ### the report should consider how the icao instruments are to be made compatible with the eu ets and what form the co - existence of the two systems should take as of 2021 . the effects of the measure on the aviation sector and on co2 emissions should also be evaluated .


### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . ### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . iaco is to adopt standards and recommended practices for the implementation of the global system by 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 .


### the objective of the common fisheries policy , as set out in regulation no 1380 / 2013 of the european parliament and of the council 20 , is to ensure that fishing activities are environmentally , economically and socially sustainable and are managed consistently with the objectives of achieving economic , social and employment benefits , and that they are contributing to the availability of food supplies . __________________ 20 regulation no 1380 / 2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy . ### the objective of the common fisheries policy , as set out in regulation no 1380 / 2013 of the european parliament and of the council 20 , is to ensure that fishing activities are environmentally , economically and socially sustainable and are managed consistently with the objectives of achieving economic , social and employment benefits , and that they are contributing to the availability of food supplies . it is also necessary , in implementing this policy , to take account of development cooperation objectives in accordance with the second subparagraph of article 208 of the treaty on the functioning of the european union . __________________ 20 regulation no 1380 / 2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy .


### where the minimum requirements include specific local knowledge or acquaints with local conditions , the managing body of the port shall ensure that adequate access to relevant training exists , under transparent and non - discriminatory conditions , unless adequate access to such training is ensured by the member state . ### where the minimum requirements include specific local knowledge or acquaints with local conditions , the managing body of the port shall ensure that adequate access to relevant information exists , under transparent and non - discriminatory conditions .


### the equipment needed to provide the relevant port service in normal and safe conditions and the capacity to maintain this equipment at the appropriate level ; ### the equipment needed to provide the relevant port service in normal and safe conditions in a continuous manner and the technical and financial capacity to maintain this equipment at the required level ;


### ‘ seaport ' means an area of land and water made up of such works and equipment so as to permit , principally , the reception of ships , their loading and unloading , the storage of goods , the receipt and delivery of these goods and the embarkation and disembarkation of passengers ; and any other infrastructure necessary for transport operators within the port area ; ### ‘ seaport ' means an area of land and water made up of such works and equipment so as to permit , principally , the reception of ships , their loading and unloading , the storage of goods , the receipt and delivery of these goods and the embarkation and disembarkation of passengers and any other persons ;


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


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


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


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


### the competent authorities designated in a member state should have the choice to decide to provide port services with public service obligations themselves or to entrust directly the provision of such services directly to an internal operator . in the case that a competent authority decides to provide the service itself , this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority . when such limitation is applied in all the ten - t ports in the territory of a member state , the commission should be informed . in the cases where the competent authorities in a member state prevail on such a choice , the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated . moreover , in such cases , the port service charges applied by such an operator should be subject to supervision by the independent supervisory body . ### the managing body of the port or the competent authorities designated in a member state should have the choice to decide to provide port services themselves or to entrust directly the provision of such services directly to an internal operator . in the case that a competent authority decides to provide the service itself , this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority . when such limitation is applied in all the ten - t seaports in the territory of a member state , the commission should be informed . in the cases where the competent authorities in a member state provide a port service under public service obligations , the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated . moreover , in such cases , the port service charges applied by such an operator should be subject to independent supervision .


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


### ‘ port service contract’ means a formal and legally binding agreement between a provider of port service and a competent authority whereby this body designates a provider of port service to provide port services following a procedure to limit the number of providers of port services ; ### ‘ port service contract’ means a formal and legally binding contract or any other act of equivalent effect between a provider of port service and the managing body of the port or a competent authority ; having as its subject - matter the provision of one or more port services as defined in article 1 , without prejudice to the form of designating providers of port services .


### by way of derogation from article 3 , the managing body of the port may limit the number of providers of port service for a given port service for one or several of the following reasons : ### by way of derogation from article 3 , the managing body of the port or the competent authority may limit the number of providers of port services for a given port service for one or several of the following reasons :


### in order to ensure the proper and effective application of this regulation , an independent supervisory body , which could be an already existing body , should be designated in every member state . ### in order to ensure that an independent complaints mechanism is in place , one or more bodies providing independent supervision should be designated by each member state . it should be possible for already existing bodies , such as competition authorities , courts , ministries or departments within ministries not linked to the managing body of the port , to be designated for this purpose .


### the managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with article 4 within one month from receiving a request for the granting of such a right . any refusal shall be duly justified on the basis of objective , transparent , non - discriminatory and proportionate criteria . ### the managing body of the port or the competent authority shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with article 4 within a reasonable time , and in any event not exceeding four months , from receiving a request for the granting of such a right and the necessary documents . any refusal shall be duly justified on the basis of objective , transparent , non - discriminatory and proportionate criteria .


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


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


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


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


### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with state aid rules . ### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be determined according to its national ports policy and / or the individual port’s commercial strategy and investment plan and comply with competition rules , where applicable .


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to two year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 .


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


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


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 . ### member states should retain the full power to ensure an adequate level of social protection for the staff of undertakings providing port services . this regulation should not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , the competent authorities should require the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 .


### the public funds referred to in paragraph 1 shall include share capital or quasi - capital funds , non - refundable grants , grants only refundable in certain circumstances , award of loans including overdrafts and advances on capital injections , guarantees given to the managing body of the port by public authorities , dividends paid out and profits retained or any other form of public financial support . ### the public funds referred to in paragraph 1 shall include share capital or quasi - capital funds , non - refundable grants , grants only refundable in certain circumstances , award of loans including overdrafts and advances on capital injections , guarantees given to the managing body of the port by public authorities or any other form of public financial support .


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


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


### the managing body of the port shall inform port users and the representatives or associations of port users about the structure and the criteria used to determine the amount of the port infrastructure charges , including the total costs and revenues serving as a basis to determine the structure and the level of the port infrastructure charges . it shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance . ### the managing body of the port shall inform port users and the representatives or associations of port users in a transparent manner about the structure and the criteria used to determine the amount of the port infrastructure charges . it shall inform users of the port infrastructures of any changes in the amount of the port infrastructure charges or in the structure or criteria used in order to determine such charges at least three months in advance . the managing body of the port shall not be required to disclose differentiations in the charges that are a result of individual negotiations .


### the managing body of the port shall make available to the competent independent supervisory body and to the commission , upon request , the information referred to in paragraph 4 and the detailed costs and revenues , serving as a basis to determine the structure and the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to . ### the managing body of the port shall , in the event of a formal complaint and upon request , make available to the body designated pursuant to article 17 and to the commission , the information referred to in paragraph 4 , and the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to .


### the overwhelming majority of union maritime traffic transits through the seaports of the trans - european transport network . in order to achieve the aim of this regulation in a proportionate way without imposing any unnecessary burden on other ports , this regulation should apply to the ports of the trans - european transport network , each of which playing a significant role for the european transport system either because it handles more than 0 . 1% of the total eu freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas , without prejudice , however , to the possibility of member states deciding to apply this regulation to other ports as well . pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this regulation . ### the overwhelming majority of union maritime traffic transits through the seaports of the trans - european transport network . in order to achieve the aim of this regulation in a proportionate way without imposing any unnecessary burden on other ports , this regulation should only apply to the seaports of the trans - european transport network , each of which playing a significant role for the european transport system either because it handles more than 0 . 1% of the total eu freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas . however , this regulation should give member states the possibility to decide whether to apply or not this regulation to maritime ports of the comprehensive trans - european transport network located in the outermost regions . member states may also introduce derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans - european transport network whose annual traffic does not justify the full application of this regulation . pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this regulation .


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


### independent supervisory body ### independent supervision


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


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


### in order to ensure the proper and effective application of this regulation , an independent supervisory body , which could be an already existing body , should be designated in every member state . ### in order to ensure that an independent complaints mechanism is in place , one or more bodies providing independent supervision should be designated by each member state . it should be possible for already existing bodies , such as competition authorities , courts , ministries or departments within ministries not linked to the managing body of the port , to be designated for this purpose .


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


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


### where the minimum requirements include specific local knowledge or acquaints with local conditions , the managing body of the port shall ensure that adequate access to relevant training exists , under transparent and non - discriminatory conditions , unless adequate access to such training is ensured by the member state . ### where the minimum requirements include specific local knowledge or acquaints with local conditions , the managing body of the port shall ensure that adequate access to relevant information exists , under transparent and non - discriminatory conditions .


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


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


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


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


### in order to be efficient , the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with that port ' s own commercial and investment strategy . ### in order to be efficient , the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with national port ' s policy and / or that port ' s own commercial and investment strategy .


### ' managing body of the port ' means any public or private body which , whether or not in conjunction with other activities , has as its objective under national law or instruments the administration and management of the port infrastructures , port traffic , the coordination and , where appropriate , the control of the activities of the operators present in the port concerned ; ### ' managing body of the port ' means any public or private body which , whether or not in conjunction with other activities , has as its objective under national law or instruments , or which is authorised to have such an objective under the aforementioned national laws or instruments , the local administration and management of the port infrastructures , and , where appropriate , the coordination , management , organisation or the control of the activities of the operators present in the port concerned , the administration and management of port traffic in the port , and the development of the port area ;


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


### the different independent supervisory bodies should exchange information on their work and cooperate in order to ensure a uniform application of this regulation . ### in the event of any cross - border dispute or complaint , the different bodies providing independent supervision should cooperate with each other and exchange information on their work .


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


### the managing body of the port shall establish a committee of representatives of operators of waterborne vessels , cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both . this committee shall be called the ' port users ' advisory committee ' . ### deleted


### the charges for the services provided by an internal operator as referred to in article 9 and the charges levied by providers of port service , in cases of limitation of the number of providers which have not been designated on the basis of procedures which are open , transparent and non - discriminatory , shall be set in a transparent and non - discriminatory way . these charges shall reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided . ### the charges for the services provided by an internal operator under public service obligation as referred to in article 9 , the charges for pilotage services that are not exposed to effective competition and the charges levied by providers of port service , as referred to in article 6 , shall be set in a transparent and non - discriminatory way . these charges shall , reflect the conditions on a competitive relevant market and shall not be disproportionate to the economic value of the service provided .


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


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


### member states may decide to impose public service obligations related to port services on providers in order to ensure the following : ### the member states shall designate the competent authorities within their territory , which may be the managing body of the port , entitled to impose public service obligations related to port services on providers in order to ensure the following


### the managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users’ advisory committee on the structure and level of such charges . the providers of port services as referred to in article 6 and in article 9 shall consult on an annual basis prior to the setting of port service charges the port users’ advisory committee on the structure and level of such charges . the managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services . ### the managing body of the port shall consult on an annual basis representatives of operators of waterborne vessels , cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both . the providers of port services as referred to in article 6 and in article 9 shall consult on an annual basis the port users on the structure and level of port service charges . the managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services .


### the competent authorities designated in a member state should have the choice to decide to provide port services with public service obligations themselves or to entrust directly the provision of such services directly to an internal operator . in the case that a competent authority decides to provide the service itself , this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority . when such limitation is applied in all the ten - t ports in the territory of a member state , the commission should be informed . in the cases where the competent authorities in a member state prevail on such a choice , the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated . moreover , in such cases , the port service charges applied by such an operator should be subject to supervision by the independent supervisory body . ### the managing body of the port or the competent authorities designated in a member state should have the choice to decide to provide port services themselves or to entrust directly the provision of such services directly to an internal operator . in the case that a competent authority decides to provide the service itself , this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority . when such limitation is applied in all the ten - t seaports in the territory of a member state , the commission should be informed . in the cases where the competent authorities in a member state provide a port service under public service obligations , the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated . moreover , in such cases , the port service charges applied by such an operator should be subject to independent supervision .


### ‘ port service contract’ means a formal and legally binding agreement between a provider of port service and a competent authority whereby this body designates a provider of port service to provide port services following a procedure to limit the number of providers of port services ; ### ‘ port service contract’ means a formal and legally binding contract or any other act of equivalent effect between a provider of port service and the managing bod of the port or a competent authority ; having as its subject - matter the provision of one or more port services as defined in article 1 , without prejudice to the form of designating providers of port services .


### the availability of the service to all users ; ### the availability of the service to all users , where appropriate on equal terms ;


### the competent authorities designated in a member state should have the choice to decide to provide port services with public service obligations themselves or to entrust directly the provision of such services directly to an internal operator . in the case that a competent authority decides to provide the service itself , this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority . when such limitation is applied in all the ten - t ports in the territory of a member state , the commission should be informed . in the cases where the competent authorities in a member state prevail on such a choice , the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated . moreover , in such cases , the port service charges applied by such an operator should be subject to supervision by the independent supervisory body . ### the managing body of the port or competent authorities designated in a member state should have the choice to decide to provide port services with public service obligations themselves or to entrust directly the provision of such services directly to an internal operator . in the case that a competent authority decides to provide the service itself , this may cover the provision of services through agents employed by the competent authority or commissioned by the competent authority . when such limitation is applied in all the ten - t seaports in the territory of a member state , the commission should be informed . in the cases where the competent authorities or the managing body of the port in a member state provide a port service under public service obligations , the provision of port services by the internal operators should be confined only to the port or ports for which those internal operators were designated . moreover , in such cases , the port service charges applied by such an operator should be subject to supervision by the independent supervisory body .


### the overwhelming majority of union maritime traffic transits through the seaports of the trans - european transport network . in order to achieve the aim of this regulation in a proportionate way without imposing any unnecessary burden on other ports , this regulation should apply to the ports of the trans - european transport network , each of which playing a significant role for the european transport system either because it handles more than 0 . 1% of the total eu freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas , without prejudice , however , to the possibility of member states deciding to apply this regulation to other ports as well . pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this regulation . ### the overwhelming majority of union maritime traffic transits through the seaports of the trans - european transport network . in order to achieve the aim of this regulation in a proportionate way without imposing any unnecessary burden on other ports , this regulation should only apply to the seaports of the trans - european transport network , each of which playing a significant role for the european transport system either because it handles more than 0 . 1% of the total eu freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas , without prejudice , however , to the possibility of member states deciding to apply this regulation to other ports as well . pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this regulation .


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


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


### the overwhelming majority of union maritime traffic transits through the seaports of the trans - european transport network . in order to achieve the aim of this regulation in a proportionate way without imposing any unnecessary burden on other ports , this regulation should apply to the ports of the trans - european transport network , each of which playing a significant role for the european transport system either because it handles more than 0 . 1% of the total eu freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas , without prejudice , however , to the possibility of member states deciding to apply this regulation to other ports as well . pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this regulation . ### the overwhelming majority of union maritime traffic transits through the seaports of the trans - european transport network . in order to achieve the aim of this regulation in a proportionate way without imposing any unnecessary burden on other ports , this regulation should only apply to the seaports of the trans - european transport network , each of which playing a significant role for the european transport system either because it handles more than 0 . 1% of the total eu freight or the total number of passengers or because it improves the regional accessibility of island or peripheral areas . however , this regulation should give member states the possibility to decide whether to apply or not this regulation to maritime ports of the comprehensive trans - european transport network located in the outermost regions . member states may also introduce derogations in order to avoid disproportionate administrative burdens for those maritime ports of the comprehensive trans - european transport network whose annual traffic does not justify the full application of this regulation . pilotage services performed in the deep sea do not have a direct impact on the efficiency of the ports as they are not used for the direct entry and exit of the ports and therefore do not need to be included in this regulation .


### the managing body of the port may require that providers of port services comply with minimum requirements to perform the corresponding port service . ### without prejudice to the possibility of imposing public service obligations according to article 8 , the managing body of the port or the competent authority may require that providers of port services comply with minimum requirements to perform the corresponding port service .


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


### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with state aid rules . ### in order to contribute to an efficient infrastructure charging system , the nature , structure and the level of port infrastructure charges shall be determined according to national or individual ports policy and / or the individual port’s commercial economic strategy and investment plan and comply with competition rules , where applicable .


### the managing body of the port shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with article 4 within one month from receiving a request for the granting of such a right . any refusal shall be duly justified on the basis of objective , transparent , non - discriminatory and proportionate criteria . ### the managing body of the port or the competent authority shall grant or refuse the right to provide port services on the basis of the minimum requirements established in accordance with article 4 within a reasonable time , and in any event not exceeding four months , from receiving a request for the granting of such a right and the necessary documents . any refusal shall be duly justified on the basis of objective , transparent , non - discriminatory and proportionate criteria .


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


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


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


### this regulation shall apply to all seaports of the trans - european transport network , as defined in annex i of regulation xxx [ regulation on the ten - t guidelines ] . ### this regulation shall apply to all seaports of the trans - european transport network , as defined in annex i of regulation no 1316 / 2013 of the european parliament and of the council1a , provided that they meet the criteria laid down in article 20 of the aforementioned regulation . __________________ 1aregulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu .


### member states may decide to impose public service obligations related to port services on providers in order to ensure the following : ### the member states shall designate the competent authorities within their territory , which may be the managing body of the port , entitled to impose public service obligations related to port services on providers in order to ensure the following


### the managing body of the port shall make available to the competent independent supervisory body and to the commission , upon request , the information referred to in paragraph 4 and the detailed costs and revenues , serving as a basis to determine the structure and the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to . ### the managing body of the port shall , upon request , make available to the body designated pursuant to article 17 and to the commission , the information referred to in paragraph 4 , the level of the port infrastructure charges and the methodology used for setting the port infrastructure charges with regard to the facilities and services to which these port charges relate to .


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


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


### the conflict of laws rules laid down in this regulation should govern the proprietary effects of assignments of claims as between all parties involved in the assignment as well as in respect of third parties . ### the conflict of laws rules laid down in this regulation should govern the effects of assignments of claims in respect of third parties , for example , a creditor of the assignor , excluding the debtor .


### the claims covered by this regulation are trade receivables , claims arising from financial instruments as defined in directive 2014 / 65 / eu on markets in financial instruments44 and cash credited to an account in a credit institution . financial instruments as defined in directive 2014 / 65 / eu include securities and derivatives traded on financial markets . while securities are assets , derivatives are contracts which include both rights and obligations for the parties to the contract . ___________________ 44 directive 2014 / 65 / eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments and amending directive 2002 / 92 / ec and directive 2011 / 61 / eu , oj l 173 , 12 . 6 . 2014 , p . 349–496 . ### the claims covered by this regulation include trade receivables , claims arising from financial instruments as defined in directive 2014 / 65 / eu of the european parliament and of the council44 and cash credited to an account in a credit institution . financial instruments as defined in directive 2014 / 65 / eu include securities and derivatives traded on financial markets . while securities are assets , derivatives are contracts which include both rights and obligations for the parties to the contract . ___________________ 44 directive 2014 / 65 / eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments and amending directive 2002 / 92 / ec and directive 2011 / 61 / eu .


### the assignor and the assignee may choose the law applicable to the assigned claim as the law applicable to the third - party effects of an assignment of claims in view of a securitisation . ### in respect of assignments of claims referred to in paragraph 2 for the purpose of securitisation , the assignor and the assignee may choose that the law applicable to the largest number of assigned claims shall apply as the law applicable to the third - party effects of all assignments of claims .


### this regulation concerns the third - party effects of the assignment of claims . it does not cover the transfer of the contracts , in which both rights and obligations are included , or the novation of contracts including such rights and obligations . as this regulation does not cover the transfer or the novation of contracts , trading in financial instruments , as well as the clearing and the settlement of these instruments , will continue to be governed by the law applicable to contractual obligations as laid down in the rome i regulation . this law is normally chosen by the parties to the contract or is designated by non - discretionary rules applicable to financial markets . ### this regulation concerns the third - party effects of the assignment of claims . in particular , it covers the transfer of the contracts , in which both rights and obligations are included , or the novation of contracts including such rights and obligations .


### cash credited to an account in a credit institution ; ### money credited to an account in a credit institution ;


### unless otherwise provided for in this article , the third - party effects of an assignment of claims shall be governed by the law of the country in which the assignor has its habitual residence at the material time . ### unless otherwise provided for in this article , the third - party effects of an assignment of claims shall be governed by the law of the country in which the assignor has its habitual residence at the time of the conclusion of the assignment contract .


### the law applicable to the assigned claim shall govern the third - party effects of the assignment of : ### notwithstanding paragraph 1 of this article , the law applicable to the assigned claim shall govern the third - party effects of the assignment of :


### this regulation shall apply , in situations involving a conflict of laws , to the third - party effects of assignments of claims in civil and commercial matters . ### this regulation shall apply , in situations involving a conflict of laws , to the third - party effects of assignments of claims in civil and commercial matters other than third - party effects to the debtor of the claim assigned .


### national objectives to phase out energy subsidies ; ### national objectives to phase out energy subsidies , particularly for fossil and nuclear fuels ;


### the european council also concluded on 24 october 201414that a reliable and transparent governance system , without any unnecessary administrative burden , should be developed to help ensure that the union meets its energy policy goals , with the necessary flexibility for member states and fully respecting their freedom to determine their energy mix . it emphasized that such governance system should build on existing building blocks , such as national climate programmes , national plans for renewable energy and energy efficiency as well as the need to streamline and bring together separate planning and reporting strands . it also agreed to step up the role and rights of consumers , transparency and predictability for investors , inter alia by systematic monitoring of key indicators for an affordable , safe , competitive , secure and sustainable energy system and to facilitate coordination of national energy policies and foster regional cooperation between member states . _________________ 14 conclusions of the european council 23 - 24 october 2014 . ### the european council also concluded on 24 october 201414 that a reliable and transparent governance system , without any unnecessary administrative burden , should be developed to help ensure that the union meets its energy policy goals , with the necessary flexibility for member states and fully respecting their freedom to determine their energy mix . it emphasized that such governance system should build on existing building blocks , such as national climate programmes , national plans for renewable energy and energy efficiency as well as the need to streamline and bring together separate planning and reporting strands . it also agreed to step up the role and rights of consumers , transparency and predictability for investors , inter alia by systematic monitoring of key indicators for an affordable , safe , competitive , secure and sustainable energy system and to facilitate coordination of national energy policies and foster regional cooperation between member states . in order to maintain stability , competitiveness and reasonable prices at national and european levels , member states must strike a balance between their existing production capacity , technologies and resources so as to continue their efforts to promote renewable energy resources , without affecting national energy systems .


### national plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty . updates of national plans should however be foreseen once during the ten - year period covered to give member states the opportunity to adapt to significant changing circumstances . for the plans covering the period from 2021 to 2030 , member states should be able to update their plans by 1 january 2024 . targets , objectives and contributions should only be modified to reflect an increased overall ambition in particular as regards the 2030 targets for energy and climate . as part of the updates , member states should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting . ### national plans should be stable to ensure transparency and predictability of national policies and measures in order to ensure investor certainty . updates of national plans should however be foreseen once during the ten - year period covered to give member states the opportunity to adapt to significant changing circumstances . for the plans covering the period from 2021 to 2030 , member states should be able to update their plans by 1 january 2024 . as part of the updates , member states should make efforts to mitigate any adverse environmental impacts that become apparent as part of the integrated reporting .


### member states and the commission should ensure close cooperation on all matters relating to the implementation of the energy union and this regulation , with close involvement of the european parliament . the commission should as appropriate assist member states in implementing this regulation , particularly with regard to the establishment of the national plans and associated capacity building . ### member states and the commission should ensure close cooperation on all matters relating to the implementation of the energy union and this regulation , with close involvement of the european parliament . the commission should as appropriate assist member states in implementing this regulation . the power to establish national energy and climate plans should , however , remain with the member states .


### the programme shall be implemented by the commission in cooperation with the member states , through regular consultations at different stages of the implementation of the programme , taking into account relevant measures undertaken by other competent entities , in particular the european central bank and europol . ### the programme shall be implemented by the commission in cooperation with the member states , through regular consultations at different stages of the implementation of the programme , whilst ensuring consistency and avoiding unnecessary duplication with relevant measures undertaken by other competent entities , in particular the european central bank and europol .


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


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


### sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person ' s name , trade mark , image , activities or products . as such , for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers , sponsorship announcements can contain promotional references to the goods or services of the sponsor , while not directly encouraging the purchase of the goods and services . sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement . the content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider ' s editorial independence . ### sponsorship represents an important means of financing audiovisual services or programmes while promoting a legal or physical person ' s name , trade mark , image , activities or products . as such , for sponsorship to constitute a valuable form of advertising technique for advertisers and service providers , sponsorship announcements can contain promotional references to the goods or services of the sponsor , while not directly encouraging the purchase of the goods and services . sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement . sponsored content should not be influenced in such a way as to affect the service provider ' s editorial independence .


### article 12 is replaced by the following and moved to chapter iii : article 12 member states shall take appropriate measures to ensure that programmes provided by audiovisual media service providers under their jurisdiction , which may impair the physical , mental or moral development of minors are only made available in such a way as to ensure that minors will not normally hear or see them . such measures may include selecting the time of the broadcast , age verification tools or other technical measures . they shall be proportionate to the potential harm of the programme . the most harmful content , such as gratuitous violence and pornography , shall be subject to the strictest measures , such as encryption and effective parental controls . ; ### article 12 is deleted ;


### in light of the nature of the providers ' involvement with the content stored on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting orders by national authorities in accordance with national legislation . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### in light of the fact that platform providers optimise the presentation of content and / or promote it in a way that facilitates the access from the general public including minors , those appropriate measures should not be limited to the organisation but should be extended to content as such . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


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


### many broadcasters are part of larger media groups and make announcements not only in connection with their own programmes and ancillary products directly derived from those programmes but also in relation with programmes from other entities belonging to the same media group . transmission time allotted to announcements made by the broadcaster in connection with programmes from other entities belonging to the same media group should not be included in the maximum amount of daily transmission time that may be allotted to advertising and teleshopping . ### many broadcasters provide several channels and particular channels make announcements not only in connection with programmes broadcast on that particular channel and ancillary products and services directly derived from those programmes but also in relation with programmes from other channels belonging to the same broadcaster . transmission time allotted to announcements made by the broadcaster in connection with programmes from other channels belonging to the same broadcaster should also not be included in the maximum amount of daily transmission time that may be allotted to advertising and teleshopping as transmission time for public services announcements and charity appeals .


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


### the commission should be free to consult erga on any matter relating to audiovisual media services and video - sharing platforms . erga should assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission should consult erga in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . upon the commission ' s request , erga should provide opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars . ### the commission should be free to consult the contact committee on any matter relating to audiovisual media services and video - sharing platforms . erga may also assist the commission by providing its expertise and advice and by facilitating exchange of best practices . the commission should consult the contact committee in the application of directive 2010 / 13 / eu with a view to facilitating its convergent implementation across the digital single market . the contact committee should decide on opinions , including on jurisdiction and union codes of conduct in the area of protection of minors and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars drafted by erga .


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


### without prejudice to the member state’s possibility of proceeding with the measures referred to in paragraph 6 , the commission shall examine the compatibility of the notified measures with union law in the shortest possible time . where it comes to the conclusion that the measures are incompatible with union law , the commission shall require the member state concerned to refrain from taking any intended measures or urgently to put an end to those measures . ### without prejudice to the member state’s possibility of proceeding with the measures referred to in paragraph 6 , the commission shall examine the compatibility of the notified measures with union law within two months after receiving the notification . where it comes to the conclusion that the measures are incompatible with union law , the commission shall require the member state concerned to refrain from taking any intended measures or urgently to put an end to those measures .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . ### member states and the commission shall encourage the development of self - regulation and co - regulation regarding inappropriate audiovisual commercial communications for alcoholic products . such self - regulation and co - regulation should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic products , for example by prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed to audiovisual media services .


### 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 two months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted the contact committee , 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 one month from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 20 minutes . ### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 30 minutes . no television advertising or teleshopping shall be inserted during religious services or during children ' s programmes .


### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 20% share of european works in their catalogue and ensure prominence of these works . ### member states shall ensure that providers of on - demand audiovisual media services under their jurisdiction secure at least a 30% share of european works in their catalogue and ensure prominence of these works .


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