### conversely , detailed rules are necessary in the area of conditions for granting leniency for secret cartels . companies will only come clean about secret cartels in which they have participated if they have sufficient legal certainty about whether they will benefit from immunity from fines . the marked differences between the leniency programmes applicable in the member states lead to legal uncertainty for potential leniency applicants , which may weaken their incentives to apply for leniency . if member states could implement or apply either less or more restrictive rules for leniency in the area covered by this directive , this would not only go counter to the objective of maintaining incentives for applicants in order to render competition enforcement in the union as effective as possible , but would also risk jeopardising the level playing field for undertakings operating in the internal market . this does not prevent member states from applying leniency programmes that do not only cover secret cartels , but also other infringements of articles 101 and 102 tfeu and equivalent national provisions . ### conversely , detailed rules are necessary in the area of conditions for granting leniency for disclosing cartels . companies will only come clean about cartels in which they have participated if they have sufficient legal certainty about whether they will benefit from immunity from fines . the marked differences between the leniency programmes applicable in the member states lead to legal uncertainty for potential leniency applicants , which may weaken their incentives to apply for leniency . if member states could implement or apply either less or more restrictive rules for leniency in the area covered by this directive , this would not only go counter to the objective of maintaining incentives for applicants in order to render competition enforcement in the union as effective as possible , but would also risk jeopardising the level playing field for undertakings operating in the internal market . this does not prevent member states from applying leniency programmes that do not only cover cartels , but also other infringements of articles 101 and 102 tfeu and equivalent national provisions .


### the independence of ncas should be strengthened in order to ensure the effective and uniform application of articles 101 and 102 tfeu . to this end , express provision should be made in national law to ensure that when applying articles 101 and 102 tfeu ncas are protected against external intervention or political pressure liable to jeopardise their independent assessment of matters coming before them . for that purpose , rules should be laid down in advance regarding the grounds for the dismissal of the members of the decision - making body of the ncas in order to remove any reasonable doubt as to the impartiality of that body and its imperviousness to external factors . ### the independence of ncas should be strengthened in order to ensure the effective and uniform application of articles 101 and 102 tfeu . to this end , express provision should be made in national law to ensure that when applying articles 101 and 102 tfeu ncas are protected against external intervention or political pressure liable to jeopardise their independent assessment of matters coming before them . for that purpose , clear and transparent rules and procedures for the appointment , and grounds for the dismissal , of the members of the decision - making body of ncas should be laid down in advance in order to remove any reasonable doubt as to the impartiality of that body and its imperviousness to external factors .


### to ensure the independence of ncas , their staff and members of the decision - making body should act with integrity and refrain from any action which is incompatible with the performance of their duties . the need to prevent the independent assessment of staff or members of the decision - making body being jeopardised entails that during their employment and term of office and for a reasonable period thereafter , they should refrain from any incompatible occupation , whether gainful or not . furthermore , this also entails that during their employment and their term of office , they should not have an interest in any businesses or organisations which have dealings with a nca to the extent that this has the potential to compromise their independence . the staff and the members of the decision - making body should declare any interest or asset which might create a conflict of interests in the performance of their duties . they should be required to inform the decision - making body , the other members thereof or , in the case of ncas in which the decision - making power rests with only one person , their appointing authority , if , in the performance of their duties , they are called upon to decide on a matter in which they have an interest which might impair their impartiality . ### to ensure the independence of ncas , their staff , members of the decision - making body and management should act with integrity and refrain from any action which is incompatible with the performance of their duties . the need to prevent the independent assessment of staff , members of the decision - making body and management of ncas being jeopardised entails that during their employment and term of office and for a reasonable period thereafter , they should refrain from any occupation which could give rise to a conflict of interest or be otherwise incompatible , whether gainful or not . furthermore , this also entails that during their employment and their term of office , they should not have an interest in any businesses or organisations which have dealings with a nca to the extent that this has the potential to compromise their independence . the staff , members of the decision - making body and management of ncas should declare any interest or asset which might create a conflict of interests in the performance of their duties . to that end , the staff , members of the decision - making body and management of ncas should make an annual declaration of commitment and declaration of interests , indicating direct or indirect interests that might be considered prejudicial to their independence and might influence their performance . they should be required to inform the decision - making body , the other members thereof or , in the case of ncas in which the decision - making power rests with only one person , their appointing authority , if , in the performance of their duties , they are called upon to decide on a matter in which they have an interest which might impair their impartiality .


### ̔secret cartel’ means an agreement and / or concerted practice between two or more competitors aimed at coordinating their competitive behaviour on the market and / or influencing the relevant parameters of competition through practices such as the fixing of purchase or selling prices or other trading conditions , the allocation of production or sales quotas , the sharing of markets including bid - rigging , restrictions of imports or exports and / or anti - competitive actions against other competitors , which is not , partially or fully , known except to the participants ; ### ‘ cartel’ means an agreement or concerted practice between two or more competitors aimed at coordinating their competitive behaviour on the market or influencing the relevant parameters of competition through practices such as , but not limited to , the fixing or coordination of purchase or selling prices or other trading conditions , including in relation to intellectual property rights , the allocation of production or sales quotas , the sharing of markets and customers , including bid - rigging , restrictions of imports or exports or anti - competitive actions against other competitors ;


### the staff and the members of the decision - making body of national administrative competition authorities can perform their duties and exercise their powers for the application of articles 101 and 102 tfeu independently from political and other external influence ; ### the director , the staff and the members of the decision - making body of national administrative competition authorities can perform their duties and exercise their powers for the application of articles 101 and 102 tfeu independently from political and other external influence ;


### the staff and the members of the decision - making body of national administrative competition authorities neither seek nor take any instructions from any government or other public or private entity when carrying out their duties and exercising their powers for the application of articles 101 and 102 tfeu ; ### the director , the staff and the members of the decision - making body of national administrative competition authorities neither seek nor take any instructions from any government or other public or private entity when carrying out their duties and exercising their powers for the application of articles 101 and 102 tfeu ;


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


### the members of the decision - making body of national administrative competition authorities may be dismissed only if they no longer fulfil the conditions required for the performance of their duties or have been guilty of serious misconduct under national law . the grounds for dismissal should be laid down in advance in national law . they shall not be dismissed for reasons related to the proper performance of their duties and exercise of their powers in the application of articles 101 and 102 tfeu as defined in article 5 ; ### the director and the members of the decision - making body of national administrative competition authorities may be dismissed only if they no longer fulfil the conditions required for the performance of their duties or have been found guilty of serious misconduct under national law . the grounds for dismissal should be laid down in advance in national law . they shall not be dismissed for reasons related to the proper performance of their duties and exercise of their powers in the application of articles 101 and 102 tfeu as defined in article 5 of this directive ;


### member states shall ensure that national competition authorities have the human , financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying articles 101 and 102 tfeu as defined in paragraph 2 . ### member states shall ensure that national competition authorities have the human , financial and technical resources that are necessary for the effective and independent performance of their duties and exercise of their powers when applying articles 101 and 102 tfeu as defined in paragraph 2 .


### to examine the books and other records related to the business irrespective of the medium on which they are stored , including the right to access information which is accessible to the entity subject to the inspection ; ### to examine the books and other records related to the business irrespective of the medium on which they are stored , such as on laptops , mobile devices and cloud storage , including the right to access information which is accessible to the entity subject to the inspection ;


### member states shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of articles 101 and 102 tfeu within a specified time limit . this obligation shall cover information which is accessible to the undertaking and association of undertakings . ### member states shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of articles 101 and 102 tfeu within an appropriate time limit . this obligation shall cover information which is accessible to the undertaking and association of undertakings . in that connection , requests for information made by national administrative competition authorities shall be specific and appropriate in scope .


### member states shall ensure that applicants can apply for leniency in writing and that national competition authorities have a system in place that enables them to accept leniency statements either orally or by other means that do not result in the production of documents , information , or other materials in the applicant’s possession , custody , or control . ### member states shall ensure that applicants can apply for leniency in writing and that national competition authorities have a system in place that enables them to accept leniency statements either orally or by other means that do not result in the production of documents , information , or other materials in the applicant ' s possession , custody , or control . member states shall allow national competition authorities to accept full leniency applications and summary applications in another official language of the union , in addition to the official language or languages of the member state of the national competition authority .


### member states shall ensure that applicants that have applied for leniency , either by applying for a market or by submitting a full application , to the commission in relation to an alleged secret cartel can file summary applications in relation to the same cartel with the national competition authorities which the applicant considers well placed to deal with the case . ### member states shall ensure that applicants that have applied for leniency , either by applying for a marker or by submitting a full application , to the commission in relation to an alleged cartel can file summary applications in relation to the same cartel with the national competition authorities which the applicant considers well placed to deal with the case .


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


### 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 .


### 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 .


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


### it shall be for member states to determine the use to be made of revenues generated from the auctioning of allowances . those revenues should be used to tackle climate change in the eu and third countries , inter alia , to reduce greenhouse gas emissions , to adapt to the impacts of climate change in the eu and third countries , especially developing countries , to fund research and development for mitigation and adaptation , including in particular in the fields of aeronautics and air transport , to reduce emissions through low - emission transport and to cover the cost of administering the community scheme . the proceeds of auctioning should be used to fund contributions to the global energy efficiency and renewable energy fund , and measures to avoid deforestation . ### in article 3d , the first subparagraph of paragraph 4 is replaced by the following : “it shall be for member states to determine the use to be made of revenues generated from the auctioning of allowances , member states may use a share of the revenues generated from the auctioning of allowances for finance research and common projects in the aviation sector enabling the wide spread of gnss for satellite - based navigation and the interoperable capabilities within all member states , in particular those improving collective air navigation infrastructure , the provision of air navigation services and the use of airspace . ” ;


### the commission shall report to the european parliament and the council on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . ### the commission shall report to the european parliament and the council annually from 2018 on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments .


### the report may be accompanied by proposals , as appropriate to the european parliament and the council to amend , delete , extend or replace the derogations provided for in article 28a , consistent with the union economy - wide greenhouse gas emission reduction commitment for 2030 . ### the report shall be accompanied by legislative proposals to the european parliament and the council to amend the existing legislation as necessary , in a manner consistent with the union economy - wide greenhouse gas emission reduction commitment for 2030 .


### the outcomes of the 2012 united nations conference on sustainable development ‘ rio + 20’19 as well as the international developments regarding the fight against illegal wildlife trade should be reflected into the union ' s external fisheries policy . __________________ 19 united nations general assembly resolution a / res / 66 / 288 of 27 july 2012 on the outcome of the rio + 20 conference , entitled ' the future we want ' . ### the outcomes of the 2012 united nations conference on sustainable development ‘ rio + 20’19 , the international developments regarding the fight against illegal wildlife trade and the new sustainable development goals adopted in september 2015 by the united nations should be reflected into the union ' s external fisheries policy . __________________ 19 united nations general assembly resolution a / res / 66 / 288 of 27 july 2012 on the outcome of the rio + 20 conference , entitled ' the future we want ' .


### 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 concerned or 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 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 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 independent supervision .


### 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 .


### 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 , which are not exposed to effective competition , entail a higher risk of price abuse . for those services , in the absence of fair market mechanisms , arrangements should be established to ensure that the charges levied are not disproportionate to the economic value of the services provided and are set in a transparent and non - discriminatory way .


### this 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 listed in annex ii of regulation eu no 1315 / 2013 of the european parliament and of the council .


### 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 ports of the trans - european transport network , as defined in annex i of regulation xxx [ regulation on the ten - t guidelines ] .


### ‘ dredging’ means the removal of sand , sediment or other substances from the bottom of the waterway access to a port in order to allow waterborne vessel to have access to the port and comprises both the initial removal and the maintenance dredging in order to keep the waterway accessible ; ### ‘ dredging’ means the removal of sand , sediment or other substances from the bottom of the waterway access to a port in order to allow waterborne vessel to have access to the port and comprises both the initial removal and the maintenance dredging in order to keep the waterway accessible and is not a port service offered to the users ;


### ' 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 ;


### 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 ;


### the managing body of the port shall treat providers of port services equally and shall act in a transparent manner . ### the managing body of the port or the competent authority shall treat providers of port services equally and shall act in a transparent , objective , non - discriminatory and proportionate manner .


### 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 .


### any limitation of the number of providers for a port service in accordance with article 6 shall follow a selection procedure which shall be open to all interested parties , non - discriminatory and transparent . ### in the case of limitation of the number of providers for a port service in accordance with article 6 , the managing body of the port or the competent authority shall follow a procedure to choose providers of port services which shall be open to all interested parties , non - discriminatory and transparent .


### any limitation of the number of providers for a port service in accordance with article 6 shall follow a selection procedure which shall be open to all interested parties , non - discriminatory and transparent . ### any limitation of the number of providers for a port service shall follow a selection procedure which shall be open to all interested parties , non - discriminatory and transparent . the managing body of the port or the competent authority shall communicate to all interested parties information concerning the organisation of the selection procedure and the submission deadline , as well as all relevant award criteria and requirements .


### if the estimated value of the port service exceeds the threshold defined in paragraph 3 , the rules on the award procedure , the procedural guarantees and the maximum duration of the concessions as set out in directive … . / … . [ concession ] shall apply . ### the procedure shall be considered to be open , non - discriminatory and transparent if it fulfils the following conditions : a port service contract notice , which will be containing at least information on the port service to be provided , the award criteria , information of how the relevant document can be accessed as well as the address and time limit for the submission of tenders , shall be published in the official journal of the european union . the minimum time limit for receipt of tenders will be 30 days after the publication of the notice . technical and functional requirements will be communicated to all interested parties . the award criteria will not give an unlimited freedom of choice on the managing body of the port or the competent authority . the duration of the port service contract shall be limited . the managing body of the port , or where appropriate the competent authority , shall determine that duration on the basis of the nature and the purpose of the service and the investments necessary for the service to which the contract relates .


### for the purposes of this regulation , a substantial modification within the meaning of directive … . / … [ concession ] of the provisions of a port service contract during its term shall be considered as a new port service contract and shall require a new procedure as referred to in paragraph 2 . ### for the purposes of this regulation , a substantial modification of a port service contract during its term shall be considered as the conclusion of a new port service contract and shall require a new procedure . this covers cases when the modification renders the contract materially different in character from the one initially concluded , including when the scope of the port service contract is considerably extended .


### paragraphs 1 to 5 of this article shall not apply in the cases referred to in article 9 . ### paragraphs 1 , 1a and 5 of this article shall not apply in the cases referred to in article 9 .


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### collective actions should be taken into account only when all other possible ways of dialogue and possible alternative solutions have been explored to keep from negative impact on port activities . emergency measures can be taken in situations where collective actions cannot be avoided thus causing disruptions of port .


### 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 , it shall keep the accounts of each port service activity or investment separate from the accounts of its other activities , in such a way that :


### 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 . ### charges for the services provided by an internal operator , referred to in article 9 , and the charges levied by providers of port services are set in a transparent and non - discriminatory way .


### 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 or the competent authority 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 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 .


### member states shall notify to the commission the identity of the independent supervisory bodies by 1 july 2015 at the latest and subsequently any modification thereof . the commission shall publish and update the list of the independent supervisory bodies on its website . ### member states shall notify the commission of the mechanism for handling complaints and shall indicate the bodies referred to in paragraph 3 by [ 24 months from the entry into force of this regulation ] at the latest and subsequently any modification thereof . the commission shall publish and update this information on its website .


### the proper functioning of the internal market requires , in order to improve the predictability of the outcome of litigation , certainty as to the law applicable and the free movement of judgments , for the conflict of law rules in the member states to designate as the applicable law the same national law irrespective of the member state of the court in which an action is brought . ### the proper functioning of the internal market requires - in order to improve the predictability of the outcome of litigation , legal certainty as to the law applicable and the free movement and recognition of judgments - for the conflict of law rules in the member states to designate as the applicable law the same national law irrespective of the member state of the court in which an action is brought .


### conflict of laws rules governing the third - party effects of assignments of claims do not currently exist at union level . these conflict of laws rules are laid down at member state level , but they are inconsistent and often unclear . in cross - border assignments of claims , the inconsistency of national conflict of laws rules leads to legal uncertainty as to which law applies to the third - party effects of the assignments . the lack of legal certainty creates a legal risk in cross - border assignments of claims which does not exist in domestic assignments as different national substantive rules may be applied depending on the member state whose courts or authorities assess a dispute as to the legal title over the claims . ### no harmonised set of rules on the conflict of laws governing the third - party effects of assignments of claims currently exist at union level . these conflict of laws rules are laid down at member state level , but they are inconsistent - being based on different connecting factors to determine the applicable law - and therefore unclear , especially in those countries where such rules are not governed by separate legislative provisions . in cross - border assignments of claims , the inconsistency of national conflict of laws rules leads to legal uncertainty as to which law applies to the third - party effects of the assignments . the lack of legal certainty creates a legal risk in cross - border assignments of claims which does not exist in domestic assignments as different national substantive rules may be applied depending on the member state whose courts or authorities assess a dispute as to the legal title over the claims ; implicitly , the outcome of a priority conflict as to who owns a claim further to a cross - border assignment will vary , depending on the national law applied .


### the objective of this regulation is to provide legal certainty by laying down common conflict of laws rules designating which national law applies to the third - party effects of assignments of claims . ### the objective of this regulation is to provide legal certainty by laying down common conflict of laws rules designating which national law applies to the third - party effects of assignments of claims , increasing cross - border claims transactions , so as to encourage cross - border investment in the eu and facilitate access to finance for firms - including smes - and consumers .


### 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 .


### matters governed by the financial collateral directive44 , the settlement finality directive45 , the winding - up directive46and the registry regulation47should not be affected by this regulation . _________________ 44 directive 2002 / 47 / ec of the european parliament and of the council of 6 june 2002 on financial collateral arrangements , oj l 168 , 27 . 6 . 2002 , p . 43–50 . 45 directive 98 / 26 / ec of the european parliament and of the council of 19 may 1998 on settlement finality in payment and securities settlement systems , oj l 166 , 11 . 6 . 1998 , p . 45–50 . 46 directive 2001 / 24 / ec of the european parliament and of the council of 4 april 2001 on the reorganisation and winding up of credit institutions , oj l 125 , 5 . 5 . 2001 , p . 15–23 . 47 commission regulation no 389 / 2013 of 2 may 2013 establishing a union registry pursuant to directive 2003 / 87 / ec of the european parliament and of the council , decisions no 280 / 2004 / ec and no 406 / 2009 / ec of the european parliament and of the council and repealing commission regulations no 920 / 2010 and no 1193 / 2011 , oj l 122 , 3 . 5 . 2013 , p . 1–59 . ### matters governed by the financial collateral directive44 , the settlement finality directive45 , the winding - up directive46and the registry regulation47should not be affected by this regulation , since the scope of the conflict of laws rules contained in this regulation and that of the conflict of laws rules contained in the three directives do not therefore overlap . 44 directive 2002 / 47 / ec of the european parliament and of the council of 6 june 2002 on financial collateral arrangements , oj l 168 , 27 . 6 . 2002 , p . 43–50 . 45 directive 98 / 26 / ec of the european parliament and of the council of 19 may 1998 on settlement finality in payment and securities settlement systems , oj l 166 , 11 . 6 . 1998 , p . 45–50 . 46 directive 2001 / 24 / ec of the european parliament and of the council of 4 april 2001 on the reorganisation and winding up of credit institutions , oj l 125 , 5 . 5 . 2001 , p . 15–23 . 47 commission regulation no 389 / 2013 of 2 may 2013 establishing a union registry pursuant to directive 2003 / 87 / ec of the european parliament and of the council , decisions no 280 / 2004 / ec and no 406 / 2009 / ec of the european parliament and of the council and repealing commission regulations no 920 / 2010 and no 1193 / 2011 , oj l 122 , 3 . 5 . 2013 , p . 1–59 .


### in accordance with market practice and the needs of market participants , the third - party effects of certain assignments of claims should , as an exception , be governed by the law of the assigned claim , that is , the law that governs the initial contract between the creditor and the debtor from which the claim arises . ### in accordance with market practice and the needs of market participants , the third - party effects of certain assignments of claims should , as an exception , be governed by the law of the assigned claim , that is , the law that governs the initial contract between the creditor and the debtor which gives rise to the claim .


### the scope of the national law designated by this regulation as the law applicable to the third - party effects of an assignment of claims should be uniform . the national law designated as applicable should govern in particular the effectiveness of the assignment against third parties , that is , the steps that need to be taken by the assignee in order to ensure that he acquires legal title over the assigned claim ; and priority issues , that is , conflicts between several claimants as to who has title over the claim . ### the scope of the national law designated by this regulation as the law applicable to the third - party effects of an assignment of claims should be uniform . the national law designated as applicable should govern in particular the effectiveness of the assignment against third parties , that is , the steps that need to be taken by the assignee in order to ensure that he acquires legal title over the assigned claim ; and priority issues , that is , the resolution of conflicts between several claimants as to who has title over the claim following a cross - border assignment .


### the scope of the national law designated by this regulation as the law applicable to the third - party effects of an assignment of claims should be uniform . the national law designated as applicable should govern in particular the effectiveness of the assignment against third parties , that is , the steps that need to be taken by the assignee in order to ensure that he acquires legal title over the assigned claim ; and priority issues , that is , conflicts between several claimants as to who has title over the claim . ### the scope of the national law designated by this regulation as the law applicable to the third - party effects of an assignment of claims should be uniform . the national law designated as applicable should govern in particular the effectiveness of the assignment against third parties , that is , the steps and procedures that need to be adopted by the assignee in order to ensure that he acquires legal title over the assigned claim ; and priority issues , that is , conflicts between several claimants as to who has title over the claim .


### this regulation respects the fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . in particular , this regulation seeks to promote the application of articles 17 and 47 concerning , respectively , the right to property and the right to an effective remedy and to a fair trial . ### this regulation respects the fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . in particular , this regulation seeks to promote the application of articles 17 and 47 concerning , respectively , the right to property and the right to an effective remedy and to a fair trial , as well as article 16 concerning the freedom to conduct a business .


### ' third - party effects ' means proprietary effects , that is , the right of the assignee to assert his legal title over a claim assigned to him towards other assignees or beneficiaries of the same or functionally equivalent claim , creditors of the assignor and other third parties ; ### ' third - party effects ' means proprietary effects , that is , the right of the assignee to assert his legal title over a claim assigned to him towards other assignees or beneficiaries of the same or functionally equivalent claim , creditors of the assignor and other third parties , excluding the debtor ;


### where the assignor has changed its habitual residence between two assignments of the same claim to different assignees , the priority of the right of an assignee over the right of another assignee shall be governed by the law of the habitual residence of the assignor at the time of the assignment which first became effective against third parties under the law designated as applicable pursuant to the first subparagraph . ### where the assignor has changed its habitual residence between two assignments of the same claim to different assignees , the priority of the right of an assignee over the right of another assignee shall be governed by the law of the habitual residence of the assignor at the time of the assignment which first became effective against other third parties under the law designated as applicable pursuant to the first subparagraph .


### a priority conflict between assignees of the same claim where the third - party effects of one of the assignments are governed by the law of the country in which the assignor has its habitual residence and the third - party effects of other assignments are governed by the law of the assigned claim shall be governed by the law applicable to the third - party effects of the assignment of the claim which first became effective against third parties under its applicable law . ### a priority conflict between assignees of the same claim where the third - party effects of one of the assignments are governed by the law of the country in which the assignor has its habitual residence and the third - party effects of other assignments are governed by the law of the assigned claim shall be governed by the law applicable to the third - party effects of the assignment of the claim which first became effective against other third parties under its applicable law .


### the law applicable pursuant to this regulation shall determine whether the rights of a third party in respect of a claim assigned after the date of application of this regulation have priority over the rights of another third person acquired before this regulation becomes applicable . ### the law applicable pursuant to this regulation shall determine whether the rights of a third party in respect of a claim assigned after the date of application of this regulation have priority over the rights of another third person acquired before this regulation becomes applicable . in case of competing claims based on assignments , the law applicable pursuant to this regulation shall determine the rights of the respective assignees , solely in respect of assignments concluded after the date of application of this regulation .


### the european council agreed on 24 october 2014 on the 2030 framework for energy and climate for the union based on four key targets : at least 40% cut in economy wide greenhouse gas emissions , at least 27% improvement in energy efficiency with a view to a level of 30% , at least 27% for the share of renewable energy consumed in the union , and at least 15% for electricity interconnection . it specified that the target for renewable energy is binding at union level and that it will be fulfilled through member states’ contributions guided by the need to deliver collectively the union target . ### the european council agreed on 24 october 2014 on the 2030 framework for energy and climate for the union based on four key targets : at least 40% cut in economy wide greenhouse gas emissions , at least 27% improvement in energy efficiency with a view to a level of 30% , at least 27% for the share of renewable energy consumed in the union , and at least 15% for electricity interconnection . energy efficiency targets should be indicative and in line with the council conclusions of october 2014 . it specified that the target for renewable energy is binding at union level and that it will be fulfilled through member states’ contributions guided by the need to deliver collectively the union target .


### 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 . 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 . the progressive transition towards the latest generation of biofuels should take account of existing member state investments in first - generation biofuel production .


### the member state ' s binding national target for greenhouse gas emissions and the annual binding national limits pursuant to regulation [ ] [ esr ] ; ### the member state ' s binding national target for greenhouse gas emissions and the annual binding national limits pursuant to regulation [ ] [ esr ] ; and not below the targets set in article 7 bis &#167 ; 2 of the directive 98 / 70 ec [ fqd ] in 2020 ;


### if , on the basis of its assessment of the integrated national energy and climate plans and their updates pursuant to article 12 , the commission concludes that the targets , objectives and contributions of the national plans or their updates are insufficient for the collective achievement of the energy union objectives and , in particular , for the first ten - years period , for the union ' s 2030 targets for renewable energy and energy efficiency , it shall take measures at union level in order to ensure the collective achievement of those objectives and targets . with regard to renewable energy , such measures shall take into consideration the level of ambition of contributions to the union ' s 2030 target by member states set out in the national plans and their updates . ### if , on the basis of its assessment of the integrated national energy and climate plans and their updates pursuant to article 12 , the commission concludes that the targets , objectives and contributions of the national plans or their updates are insufficient for the collective achievement of the energy union objectives and , in particular , for the first ten - years period , for the union ' s 2030 targets for renewable energy and energy efficiency , it shall take measures at union level in order to ensure the collective achievement of those objectives and targets , taking into account the flexibility available to the member states . with regard to renewable energy , such measures shall take into consideration the level of ambition of contributions to the union ' s 2030 target by member states set out in the national plans and their updates .


### if , in the area of energy efficiency , without prejudice to other measures at union level pursuant to paragraph 3 , the commission concludes , based on its assessment pursuant to article 25 and , in the year 2023 that progress towards collectively achieving the union’s energy efficiency target mentioned in the first subparagraph of article 25 is insufficient , it shalltakemeasures by the year 2024 in addition to those set out in directive 2010 / 31 / eu [ version as amended in accordance with proposal com 765 ] and directive 2012 / 27 / eu [ version as amended in accordance with proposal com 761 ] to ensure that the union ' s binding 2030 energy efficiency targets are met . such additional measures may in particular improve the energy efficiency of : ### if , in the area of energy efficiency , without prejudice to other measures at union level pursuant to paragraph 3 , the commission concludes , based on its assessment pursuant to article 25 and , in the year 2023 that progress towards collectively achieving the union’s energy efficiency target mentioned in the first subparagraph of article 25 is insufficient , it shall , if member states do not take additional measures by the year 2024 in addition to those set out in directive 2010 / 31 / eu [ version as amended in accordance with proposal com 765 ] and directive 2012 / 27 / eu [ version as amended in accordance with proposal com 761 ] , take further measures to ensure that the union ' s binding 2030 energy efficiency targets are met . such additional measures may in particular improve the energy efficiency of :


### in the communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its eu added value , its long - term impact and the sustainability of its actions . ### in the communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme and its ex ante evaluation in the form of a staff working document accompanying its proposal 0369 ) , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its eu added value , its long - term impact and the sustainability of its actions .


### therefore a new programme for the period 2021 - 2027 should be adopted . it should be ensured that the pericles iv programme is consistent with , and complementary to , other relevant programmes and actions . the commission should therefore carry out all the necessary consultations with regard to evaluating needs for the protection of the euro with the principal parties involved , in particular the competent national authorities designated by the member states , the european central bank and europol , within the committee referred to in regulation no 1338 / 2001 , particularly as regards exchanges , assistance and training , for the purpose of the application of the pericles iv programme . ### therefore a new programme for the period 2021 - 2027 should be adopted . it should be ensured that the pericles iv programme is consistent with , and complementary to , other relevant programmes and actions . the commission should therefore carry out all the necessary consultations with regard to evaluating needs for the protection of the euro with the principal parties involved , in particular the competent national authorities designated by the member states , the european central bank and europol , within the committee referred to in regulation no 1338 / 2001 , particularly as regards exchanges , assistance and training , for the purpose of the application of the pericles iv programme . moreover , the commission should draw on the vast experience of the european central bank in relation to the conduct of training and the provision of information on counterfeit euro banknotes when implementing the programme .


### to prevent and combat counterfeiting and related fraud , thus enhancing the competitiveness of the union’s economy and securing the sustainability of public finances . ### to prevent and combat counterfeiting and related fraud , thus preserving the integrity of the euro banknotes and coins , which enhances trust in the currency , reinforces the competitiveness of the union’s economy and secures the sustainability of public finances .


### the last substantive amendment to directive 89 / 552 / eec of the council27 , later codified by directive 2010 / 13 / eu of the european parliament and of the council28 , was made in 2007 with the adoption of directive 2007 / 65 / ec of the european parliament and of the council29 . since then , the market of audiovisual media services has evolved significantly and rapidly . technical developments allow for new types of services and user experiences . the viewing habits , particularly of younger generations , have changed significantly . while the main tv screen remains an important device to share audiovisual experiences , many viewers have moved to other , portable devices to watch audiovisual content . traditional tv content accounts still for a major share of the average daily viewing time . however , new types of content , such as short videos or user - generated content , gain increasing importance and new players , including providers of video - on - demand services and video - sharing platforms , are now well - established . __________________ 27 directive 89 / 552 / eec of the european parliament and of the council of 3 october 1989 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 28 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 29 directive 2007 / 65 / ec of the european parliament and of the council of 11 december 2007 amending council directive 89 / 552 / eec on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the pursuit of television broadcasting activities . ### the last substantive amendment to directive 89 / 552 / eec of the council27 , later codified by directive 2010 / 13 / eu of the european parliament and of the council28 , was made in 2007 with the adoption of directive 2007 / 65 / ec of the european parliament and of the council29 . since then , the market of audiovisual media services has evolved significantly and rapidly owing to the gradual convergence between television and internet services . technical developments allow for new types of services and user experiences . the viewing habits , particularly of younger generations , have changed significantly . while the main tv screen remains an important device to share audiovisual experiences , many viewers have moved to other , portable devices to watch audiovisual content . traditional tv content accounts still for a major share of the average daily viewing time . however , new types of content , such as short videos or user - generated content , gain increasing importance and new players , including providers of video - on - demand services and video - sharing platforms , are now well - established . an updated legal framework is therefore required in order to reflect developments in the market and to achieve a balance between access to online content services and consumer protection and competitiveness . __________________ 27 directive 89 / 552 / eec of the european parliament and of the council of 3 october 1989 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 28 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 29 directive 2007 / 65 / ec of the european parliament and of the council of 11 december 2007 amending council directive 89 / 552 / eec on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the pursuit of television broadcasting activities .


### on 6 may 2015 , the commission adopted ' a digital single market strategy for europe ' 30 in which it announced a review of directive 2010 / 13 / eu . __________________ 30 com 192 final ### on 6 may 2015 , the commission adopted ' a digital single market strategy for europe ' 30 in which it announced a review of directive 2010 / 13 / eu . on 19 january 2016 , the european parliament adopted the resolution ' towards a digital single market act ' 30a setting out what it would expect from the review . the european parliament has called for a review several times , on 4 july 2013 in its resolution ' connected tv ' 30b and on 12 march 2014 in its resolution ' preparing for a fully converged audiovisual world ' 30c and has indicated the objectives of that review . __________________ 30 com 192 final 30a p8_ta0009 30b p7_ta0329 30c p7_ta0232


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


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


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


### 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 .


### as regards commercial communications on video - sharing platforms , they are already regulated by directive 2005 / 29 / ec of the european parliament and of the council , which prohibits unfair business - to - consumer commercial practices , including misleading and aggressive practices occurring in information society services . as regards commercial communications concerning tobacco and related products in video - sharing platforms , the existing prohibitions provided for in directive 2003 / 33 / ec of the european parliament and of the council , as well as the prohibitions applicable to communications concerning e - cigarettes and refill containers pursuant to directive 2014 / 40 / eu of the european parliament and of the council , ensure that consumers are sufficiently protected . the measures set out in this directive therefore complement those set out in directives 2005 / 29 / ec , 2003 / 33 / ec and 2014 / 40 / eu . ### as regards commercial communications on video - sharing platforms , they are already regulated by directive 2005 / 29 / ec of the european parliament and of the council , which prohibits unfair business - to - consumer commercial practices , including misleading and aggressive practices occurring in information society services . as regards commercial communications concerning tobacco and related products in video - sharing platforms , the existing prohibitions provided for in directive 2003 / 33 / ec of the european parliament and of the council , as well as the prohibitions applicable to communications concerning e - cigarettes and refill containers pursuant to directive 2014 / 40 / eu of the european parliament and of the council , ensure that consumers are sufficiently protected . the measures set out in this directive therefore complement those set out in directives 2005 / 29 / ec , 2003 / 33 / ec and 2014 / 40 / eu to establish a common level playing field for audiovisual media services , video - sharing platform services and user - generated videos .


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


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . given the wide audience of video - sharing platforms and social media , it is appropriate that the member state having jurisdiction over such a platform coordinate with the other member states concerned for the regulation of those platforms . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec .


### 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 .


### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s role is to advise and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory authorities , and between the national regulatory authorities and the commission . __________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services . ### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s and the contact committee ' s role is to advise and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory authorities , and between the national regulatory authorities and the commission . __________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services .


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


### 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 erga and the contact committee on any matter relating to audiovisual media services and video - sharing platforms . erga may assist the commission by providing its expertise and advice and by facilitating exchange of best practices . in particular , the commission may consult erga and the contact committee 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 to the commission and the contact committee , including on jurisdiction and any 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 .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child and the right to non - discrimination enshrined in the charter of fundamental rights of the european union .


### a service as defined by articles 56 and 57 of the treaty on the functioning of the european union , where the principal purpose of the service or a dissociable section thereof is devoted to providing programmes , under the editorial responsibility of a media service provider , in order to inform , entertain or educate , to the general public by electronic communications networks within the meaning of point of article 2 of directive 2002 / 21 / ec . such an audiovisual media service is either a television broadcast as defined in point of this paragraph or an on - demand audiovisual media service as defined in point of this paragraph ; ; ### a service as defined by articles 56 and 57 of the treaty on the functioning of the european union , which is under the editorial responsibility of a media service provider and the principal purpose of which is the provision of programs , including by automatic means or algorithms in order to inform , entertain or educate , to the general public by electronic communications networks within the meaning of point of article 2 of directive 2002 / 21 / ec . such an audiovisual media service is either a television broadcast as defined in point of this paragraph or an on - demand audiovisual media service as defined in point of this paragraph ; ;


### a service as defined by articles 56 and 57 of the treaty on the functioning of the european union , where the principal purpose of the service or a dissociable section thereof is devoted to providing programmes , under the editorial responsibility of a media service provider , in order to inform , entertain or educate , to the general public by electronic communications networks within the meaning of point of article 2 of directive 2002 / 21 / ec . such an audiovisual media service is either a television broadcast as defined in point of this paragraph or an on - demand audiovisual media service as defined in point of this paragraph ; ; ### a service as defined by articles 56 and 57 of the treaty on the functioning of the european union , where the principal purpose of the service is the provision of programmes , under the editorial responsibility of a media service provider , in order to inform , entertain or educate , to the general public by electronic communications networks within the meaning of point of article 2 of directive 2002 / 21 / ec . such an audiovisual media service is either a television broadcast as defined in point of this paragraph or an on - demand audiovisual media service as defined in point of this paragraph ;


### ' sponsorship ' means any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or in the production of audiovisual works , to the financing of audiovisual media services or programmes with a view to promoting their name , trade mark , image , activities or products ; ### in article 1 , point is amended as follows : ' sponsorship ' means any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or video - sharing platform services or user - generated videos or in the production of audiovisual works , to the financing of audiovisual media services or video - sharing platform services , or user - generated videos or programmes with a view to promoting their name , trade mark , image , activities or products ;


### ' product placement ' means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product , a service or the trade mark thereof so that it is featured within a programme , in return for payment or for similar consideration ; ### in article 1 , point is amended as follows : ' product placement ' means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product , a service or the trade mark thereof so that it is featured within a programme or user - generated video , in return for payment or for similar consideration ;


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


### member states may provisionally derogate from paragraph 1 if an audiovisual media service provided by a media service provider under the jurisdiction of another member state : ### member states may provisionally derogate from paragraph 1 , without prejudice to the communicative freedoms , if an audiovisual media service provided by a media service provider under the jurisdiction of another member state :


### paragraphs 3 and 4 shall be without prejudice to the application of any procedure , remedy or sanction to the contraventions in question in the member state which has jurisdiction over the media service provider concerned . ### paragraphs 3 and 4 shall be without prejudice to the application of any procedure , remedy or sanction to the contraventions in question in the member state which has jurisdiction over the media service provider concerned . in this case , member state which has jurisdiction over the media service provider concerned , takes into account the notification of the notifying member state about the compliance of media service provider concerned with the conditions laid down in points , and / or of article 3 .


### member states may , in urgent cases , derogate from the conditions laid down in points and of paragraph 3 . where this is the case , the measures shall be notified in the shortest possible time to the commission and to the member state which has jurisdiction over the media service provider , setting out the reasons for which the member state considers that there is such urgency that derogating from those conditions is necessary . ### member states may , in urgent cases , derogate from the conditions laid down in points and of paragraph 3 . where this is the case , the measures shall be notified within one month after their adoption to the commission and to the member state which has jurisdiction over the media service provider , setting out the reasons for which the member state considers that there is such urgency that derogating from those conditions is necessary .


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


### where the commission considers the notification as incomplete , it shall request all necessary additional information . the commission shall inform the member state of the receipt of the response to that request . ### where the commission considers the notification as incomplete , it shall , without undue delay , request all necessary additional information . the commission shall inform the member state of the receipt of the response to that request .


### where the member state concerned does not provide the information requested within the period fixed by the commission or where it provides incomplete information , the commission shall take a decision that the measures taken by the member state in accordance with paragraph 2 are incompatible with union law . if the commission decides that the measures are incompatible with union law , the member state shall put an end to the measures in question as a matter of urgency . ### where the member state concerned does not provide the information requested within the period fixed by the commission or where it provides incomplete information , the commission shall take a decision as to whether or not the measures taken by the member state in accordance with paragraph 2 are compatible with union law . if the commission decides that the measures are incompatible with union law , the member state shall put an end to the measures in question as a matter of urgency .