### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development , and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . ### the efsi agreement shall provide for the creation of a european investment advisory hub within the eib , without , however , creating additional administrative burdens or other systems . the eiah shall have as its objective to build upon existing eib and commission advisory services in order to provide advisory support for investment project identification , preparation and development by prioritising sustainable and low - carbon energy , transport and resource - efficiency projects , and act as a single technical advisory hub for project financing within the union . this shall include support on the use of technical assistance for project structuring , use of innovative financial instruments , use of public - private partnerships and advice , as appropriate , on relevant issues of eu legislation . the eiah shall be structured in order to act as a facilitator addressing the procedural needs of smes .


### the union shall provide a guarantee to the eib for financing or investment operations carried out within the union covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 . ### the union shall provide an irrevocable and unconditional guarantee to the eib for financing or investment operations carried out within the union , including cross - border cooperation between a member state and a third country , covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 .


### the union shall provide a guarantee to the eib for financing or investment operations carried out within the union covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 . ### the union shall provide an irrevocable and unconditional guarantee to the eib for financing or investment operations carried out within the union covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 .


### the union shall provide a guarantee to the eib for financing or investment operations carried out within the union covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 . ### the union shall provide an irrevocable and unconditional guarantee for financing or investment operations carried out within the union , or operations between a member state and a country falling within the scope of the european neighbourhood policy including the strategic partnership , the enlargement policy , and the european economic area or the european free trade association , or between a member state and an overseas country or territory , as set out in annex ii of the treaty on the functioning of the european union , covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 .


### the union shall provide a guarantee to the eib for financing or investment operations carried out within the union covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 . ### the union shall provide an irrevocable and unconditional guarantee for financing or investment operations carried out within the union , including cross - border cooperation between partners from member states and / or third countries , covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 .


### the union shall provide a guarantee to the eib for financing or investment operations carried out within the union covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 . ### the union shall provide an irrevocable and unconditional guarantee for financing or investment operations carried out within the union , including cross - border cooperation between member states and a third country , covered by this regulation . the eu guarantee shall be granted as a guarantee on demand in respect of instruments referred to in article 6 .


### eib loans , guarantees , counter - guarantees , capital market instruments , any other form of funding or credit enhancement instrument , equity or quasi - equity participations . these instruments shall be granted , acquired or issued for the benefit of operations carried out in the union , including cross - border operations between a member state and a third country , in compliance with this regulation and where eib financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled ; ### &#160 ; &#160 ; &#160 ; eib loans , guarantees , counter - guarantees , capital market instruments , any other form of funding or credit enhancement instrument , equity or quasi - equity participations , including through national promotional banks or institutions , investment platforms or funds . these instruments shall be granted , acquired or issued for the benefit of operations carried out in the union , &#160 ; in compliance with this regulation and where eib financing has been granted in accordance with a financing agreement or transaction signed or entered into by the eib which has neither expired nor been cancelled ;


### the coverage of the guarantee over a particular type of instrument portfolio , referred to in article 6 , shall be determined by the risk of that portfolio . the eu guarantee shall be eligible to provide either first loss guarantees on a portfolio basis or a full guarantee . the eu guarantee may be granted on a pari passu basis with other contributors . ### the coverage of the guarantee over a particular type of instrument portfolio , referred to in article 6 , shall be determined by the credit risk of that portfolio . the steering committee shall approve and justify in its decision the use of a certain risk measure and the methodology for its calculation . the eu guarantee shall be eligible to provide either first loss guarantees on a portfolio basis or a full guarantee . the eu guarantee may be granted on a pari passu basis with other contributors . member states and national promotional banks may only contribute with guarantees or contributions , if negative effects on the credit rating of the member states can be ruled out by a certificate of a rating agency .


### where the eib provides funding to the eif in order to conduct eib financing and investment operations , the eu guarantee shall provide for a full guarantee on funding by the eib provided that an equal amount of funding is provided by the eib without eu guarantee . the amount covered by the eu guarantee shall not exceed eur 2 500 000 000 . ### where the eib provides funding or guarantees to the eif in order to conduct eib financing and investment operations , the eu guarantee shall provide for a full guarantee on funding by the eib provided that an equal amount of funding or guarantees is provided by the eib without eu guarantee . the amount covered by the eu guarantee shall be at least eur 5 500 000 000 .


### where the eib provides funding to the eif in order to conduct eib financing and investment operations , the eu guarantee shall provide for a full guarantee on funding by the eib provided that an equal amount of funding is provided by the eib without eu guarantee . the amount covered by the eu guarantee shall not exceed eur 2 500 000 000 . ### where the eib provides funding to the eif through the efsi in order to conduct eib financing and investment operations , the eu guarantee shall provide for a full guarantee on funding by the eib provided that an equal amount of funding is provided by the eib without eu guarantee . the amount covered by the eu guarantee shall not exceed eur 2 500 000 000 .


### where the union makes any payment under the eu guarantee , the eib shall pursue the recovery of claims for the amounts paid and reimburse the union from the sums recovered . ### when the eu guarantee is called upon , the rights of the union shall be subrogated to any relevant rights of the eib in respect of any obligation in connection to its financing operations , in accordance with the guarantee agreement . where the union makes any payment under the eu guarantee , the eib shall , in the name and on behalf of the commission , pursue the recovery of claims for the amounts paid and reimburse the union from the sums recovered in accordance with the provisions and procedures referred to in article 2 .


### any other payments received by the union in accordance with the efsi agreement . ### any other contribution received by the union in accordance with the efsi agreement . while member states and national promotional banks may only contribute with guarantees or contributions , if negative effects on the credit rating of the member states can be ruled out by a certificate of a rating agency .


### following an adjustment in year n of the target amount or an assessment on the adequacy of the level of the guarantee fund in accordance with the review provided for in paragraph 6 : ### following an assessment on the adequacy of the level of the guarantee fund in accordance with the reporting provided for in articles 10 :


### for the purposes of the commission ' s accounting and reporting of the risks covered by the eu guarantee and management of the guarantee fund , the eib , in cooperation with the eif as appropriate , shall provide the commission every year : ### for the purposes of the commission ' s accounting and reporting of the risks covered by the eu guarantee and management of the guarantee fund , the eib , in cooperation with the eif as appropriate , shall provide the european parliament , the council and the commission every year :


### an assessment of the financial benefit transferred to beneficiaries of eib financing and investment operations on an aggregated basis ; ### an assessment of the financial amount transferred to beneficiaries and an assessment of eib financing and investment operations on an aggregated basis ;


### an assessment of eib financing and investment operations at operation , sector , country and regional levels and their compliance with this regulation , together with an assessment of the allocation of eib financing and investment operations between the objectives in article 5 ; ### an assessment of eib financing and investment operations at operation , sector , country and regional levels and their compliance with this regulation , in particular with the additionality principle , together with an assessment of the allocation of eib financing and investment operations between the objectives in article 2a ;


### for the purposes of the commission ' s accounting and reporting of the risks covered by the eu guarantee and management of the guarantee fund , the eib , in cooperation with the eif as appropriate , shall provide the commission every year : ### for the purposes of the commission ' s accounting and reporting of the risks covered by the eu guarantee and management of the guarantee fund , the eib , in cooperation with the eif as appropriate , shall provide the commission , the european parliament and the council semi - annually :


### for the purposes of the commission ' s accounting and reporting of the risks covered by the eu guarantee and management of the guarantee fund , the eib , in cooperation with the eif as appropriate , shall provide the commission every year : ### for the purposes of the commission ' s accounting and reporting of the risks covered by the eu guarantee and management of the guarantee fund , the eib , in cooperation with the eif as appropriate , shall provide the commission and the european court of auditors every year :


### the eib and eif shall on a regular basis provide the european parliament , the council and the commission with all their independent evaluation reports which assess the practical results achieved by the specific activities of the eib and eif under this regulation . ### the eib and eif shall on a regular basis , and whenever requested , provide the european parliament , the council and the commission with all their independent evaluation reports which assess the practical results achieved by the specific activities of the eib and eif under this regulation .


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


### interoperability has been a key factor to success in the area of customs , taxation and excise duties , in operating trans - european ict systems spanning all member states supporting interoperable business services funded by the fiscalis 2013 and customs 2013 programmes , implemented and operated by the commission and national administrations . assets created under fiscalis 2013 and customs 2013 programmes are available for sharing and re - use from other policy areas . ### interoperability has been a key factor to success in the area of customs , taxation and excise duties , in operating trans - european ict systems spanning all member states supporting interoperable business services funded by the fiscalis 2013 and customs 2013 programmes , implemented and operated by the commission and national administrations . assets created under fiscalis 2013 and customs 2013 programmes are available for sharing and re - use from other policy areas . in addition , member states have committed themselves , in the council conclusions on the governance forum of the customs union , to develop a strategy of jointly managed and operated it systems in all customs - related areas .


### in public procurement , directives 2014 / 25 / eu51 , 2014 / 24 / eu52 and 2014 / 23 / eu53 of the european parliament and of the council of 28 march 2014 require member states to implement electronic procurement . they state that the tools and devices to be used for communicating by electronic means , as well as their technical characteristics , must be interoperable with the information and communication technology products in general use . moreover , directive 2014 / 55 / eu54 on electronic invoicing in public procurement adopted by the parliament on 11 march 2014 concerns the development of a european standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the eu . __________________ 51 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . oj l 94 , 28 . 3 . 2014 , p243 . 52 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . oj l 94 , 28 . 3 / . 014 , p65 - 242 . 53 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . oj l 94 , 28 . 3 . 2014 , p1 - 64 . 54 directive 2014 / 55 / eu of the european parliament and of the council of 16 april 2014 on electronic invoicing in public procurement . oj l 133 , 6 . 5 . 2014 , p . 1 . ### in public procurement , directives 2014 / 25 / eu51 , 2014 / 24 / eu52 and 2014 / 23 / eu53 of the european parliament and of the council of 28 march 2014 require member states to implement electronic procurement . they state that the tools and devices to be used for communicating by electronic means , as well as their technical characteristics , must be interoperable with the information and communication technology products in general use . this means immense budgetary savings and the establishment of a level playing field , in particular for small and medium - sized enterprises and entrepreneurs . moreover , directive 2014 / 55 / eu54 on electronic invoicing in public procurement adopted by the parliament on 11 march 2014 concerns the development of a european standard for electronic invoicing in public procurement to ensure interoperability between electronic invoicing systems across the eu . __________________ 51 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . oj l 94 , 28 . 3 . 2014 , p243 . 52 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . oj l 94 , 28 . 3 / . 014 , p65 - 242 . 53 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . oj l 94 , 28 . 3 . 2014 , p1 - 64 . 54 directive 2014 / 55 / eu of the european parliament and of the council of 16 april 2014 on electronic invoicing in public procurement . oj l 133 , 6 . 5 . 2014 , p . 1 .


### citizens and enterprises should also benefit from common , re - usable and interoperable front - office services resulting from better integration of processes and exchange of data through the european public administrations’ back - offices . ### citizens and enterprises should also benefit from common , re - usable and interoperable front - office services resulting from better integration of processes and exchange of data through the european public administrations’ back - offices . the ' once only ' principle , for supplying data only once to public administrations , should be promoted to reduce the administrative burden on citizens and businesses . in addition , in order for citizens to have trust in e - services , solutions to provide secure communication through , in particular , e - authentication and encryption should be promoted .


### the isa2 programme should be an instrument for public - sector modernisation in the union . ### the isa2 programme is one of the many instruments for the encouragement of public - sector modernisation in the union .


### interoperability is directly connected with , and dependent on the use of , standards and common specifications . the isa2 programme should promote and , where appropriate , support the partial or full standardisation of existing interoperability solutions . this should be achieved in cooperation with other standardisation activities at union level , european standardisation organisations and other international standardisation organisations . ### the lack of interoperability often undermines the implementation of digital end - to - end services and the development of one - stop shops for businesses and citizens . interoperability is directly connected with , and dependent on the use of , open standards and common specifications . the isa2 programme should promote and , where appropriate , support the partial or full standardisation of existing interoperability solutions . this should be achieved in cooperation with other standardisation activities at union level , european standardisation organisations and other international standardisation organisations .


### the isa2 programme succeeds the union programme on interoperability solutions for public administrations established by decision no 922 / 2009 / ec and shall consolidate , promote and expand its activities . ### the isa2 programme succeeds the union programme on interoperability solutions for public administrations established by decision no 922 / 2009 / ec and shall consolidate , promote and expand its activities , where such solutions have been identified as being useful , cost - efficient and in demand .


### ' interoperability ' means the ability of disparate and diverse organisations to interact towards mutually beneficial and agreed common goals , involving the sharing of information and knowledge between the organisations , through the business processes they support , by means of the exchange of data between their respective information and communication technology systems ; ### ' interoperability ' means the ability of different organisations to interact towards mutually beneficial and agreed common goals , involving the sharing of information and knowledge between the organisations , through the business processes they support , by means of the exchange of data between their respective information and communication technology systems ;


### ’interoperability solutions’ means common frameworks , common services and generic tools facilitating cooperation between disparate and diverse organisations , either autonomously funded and developed by the isa2 programme or developed in cooperation with other union initiatives , based on identified requirements of european public administrations ; ### ’interoperability solutions’ means common frameworks , common services and functional tools facilitating cooperation between disparate and diverse organisations , either autonomously funded and developed by the isa2 programme or developed in cooperation with other union initiatives , based on identified requirements of european public administrations ;


### ’interoperability solutions’ means common frameworks , common services and generic tools facilitating cooperation between disparate and diverse organisations , either autonomously funded and developed by the isa2 programme or developed in cooperation with other union initiatives , based on identified requirements of european public administrations ; ### ’interoperability solutions’ means common frameworks , common services and generic tools facilitating cooperation between different organisations , either autonomously funded and developed by the isa2 programme or developed in cooperation with other union initiatives , based on identified requirements of european public administrations ;


### ‘ common frameworks’ means specifications , standards , methodologies , guidelines , common semantic assets and similar approaches and documents ; ### ‘ common frameworks’ means common reference architecture , specifications , standards , methodologies , guidelines , common semantic assets and similar approaches and documents ;


### the identification of legislation gaps that hamper interoperability between european public administrations ; ### the identification of legislation gaps at eu and member state level that hamper interoperability between european public administrations , in the cases where this need has been identified by the member states and for as long as it can be applied to multiple administrations ;


### actions in the form of projects shall , where appropriate , consist of the following phases : ### where appropriate , actions in the form of projects may consist of multiple phases :


### the phases of specific projects shall be defined and specified at the time when the action is included in the rolling work programme . ### the phases of specific projects may be defined and specified at the time when the action is included in the rolling work programme . it should be possible to terminate a project at any point , should it no longer be needed or considered effective .


### in the implementation of the isa2 programme , due consideration shall be given to the european interoperability strategy , the european interoperability framework and their future updates . ### in the implementation of the isa2 programme , solutions shall only be developed if they are fully in line with the european interoperability strategy , the european interoperability framework and their future updates .


### interoperability solutions and their updates shall be included in the eic and made available , where appropriate , for re - use by european public administrations . ### interoperability solutions and their updates shall be included in the eic and made available , where appropriate , for re - use by european public administrations and , where applicable , by citizens and businesses .


### all actions and interoperability solutions funded under the isa2 programme shall be encouraged , where appropriate , to re - use available interoperability solutions . ### all actions and interoperability solutions funded under the isa2 programme shall , where appropriate , re - use available interoperability solutions .


### the rolling work programme shall identify , prioritise , document , select , design , implement and evaluate the actions referred to in article 5 , as well as promote their results . ### the rolling work programme shall cover the actions referred to in article 5 .


### the inclusion of actions in the rolling work programme shall be subject to compliance with a set of rules and admission criteria before being included in the rolling work programme . those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme . ### the inclusion of actions in the rolling work programme shall be subject to compliance with a set of selection criteria , as set out in article 6a , before being included in the rolling work programme . the actions of the rolling work programme shall be prioritised in accordance with article 6b . those rules and criteria and any amendments thereof shall be an integral part of the rolling work programme .


### the programme shall be subject to an interim evaluation and a final evaluation , the results of which shall be communicated to the european parliament and the council by 31 december 2018 and 31 december 2021 respectively . in this context , the responsible committee of the parliament may invite the commission to present the evaluation results and answer questions raised by its members . ### the programme shall be subject to an interim evaluation and a final evaluation , the results of which shall be communicated to the european parliament and the council by 31 december 2018 and 31 december 2021 respectively . the commission shall report annually to the european parliament on the evaluation results and answer questions raised by parliament ' s members .


### the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion continue to pose problems to the economy , health and well - being of european citizens . despite the fact that road transport is the main contributor of those negative effects , road freight transport is estimated to grow by 60&#160 ; per&#160 ; cent by 2050 . ### the negative impact of transport on air pollution , greenhouse gas emissions , accidents , noise and congestion continues to pose problems to the economy , health and well - being of european citizens . air pollution in the eu causes 400&#160 ; 000 premature deaths every year , the annual death toll on the roads is 26&#160 ; 000 , and the estimated cost of congestion is 1 . 1% of the union ' s gdp . despite the fact that road transport is the main contributor of those negative effects , road freight transport could grow by 60&#160 ; per&#160 ; cent by 2050 .


### the goal of reaching 30 % of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030 , and more than 50 % by 2050 , in order to optimise the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes , has been slower than expected and according to the current projections , will not be reached . ### the goal of reaching 30 % of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030 , and more than 50 % by 2050 , in order to optimise the performance of multimodal logistic chains , including by making greater use of more energy - efficient modes , has been slower than expected and according to the current projections , will not be reached . given the still untapped potential of combined transport , the implications of improving this directive are significant in terms of the contribution the sector makes to realising the targets set in the paris climate agreement .


### the volume of national intermodal operations constitutes 19 , 3 % of the total intermodal transport in the union . such operations currently do not benefit from the support measures provided by directive 92 / 106 / eec because of the limited scope of the definition of combined transport . however , the negative effect of national road transport operations , and notably greenhouse gas emissions and congestion , have an impact beyond the national borders . therefore it is necessary to broaden the scope of directive 92 / 106 / eec to national combined transport operations in order to support the further development of combined transport in the union , hence an increase in the modal shift from road to rail , inland waterways and short sea shipping . ### the volume of national intermodal operations constitutes 19 . 3% of the total intermodal transport in the union . such operations currently do not benefit from the support measures provided by directive 92 / 106 / eec because of the limited scope of the definition of combined transport . however , the negative effect of national road transport operations , and notably greenhouse gas emissions and congestion , have an impact beyond the national borders . therefore it is necessary to broaden the scope of directive 92 / 106 / eec to national combined transport operations in order to support the further development of combined transport in the union , hence an increase in the modal shift from road to rail , inland waterways and short sea shipping . the derogation to the cabotage rules continues , however , to apply only to international combined transport operations between member states . the member states will have to carry out effective checks to ensure that these rules are observed and to promote the harmonisation of working and social conditions across the various modes of transport and the different member states .


### the scope of the current economic support measures defined in directive 92 / 106 / eec is very limited , consisting of fiscal measures which concern only combined rail / road transport operations . such measures should be extended to combined transport operations covering inland waterways and maritime transport . other relevant types of measures , such as infrastructure investment support measures or different economic support measures , should also be supported . ### the scope of the current economic support measures defined in directive 92 / 106 / eec is very limited , consisting of fiscal measures which concern only combined rail / road transport operations . such measures should be extended to combined transport operations covering inland waterways and maritime transport . other relevant types of measures , such as infrastructure and digital - technology investment support measures or different economic support measures , should also be supported .


### the main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level . the current distribution and coverage of transhipment terminals in the union , at least along the existing ten - t core and comprehensive network , is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth . investing in transhipment terminal capacity may reduce overall transhipment costs , and hence produce a derived modal shift , as demonstrated in some member states . member states should therefore ensure , in coordination with the neighbouring member states and with the commission , that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators . this would incentivise the use of freight transport alternatives and increase modal shift , thus making combined transport operations more competitive than road transport alone . the increased coverage and capacity of transhipment terminals should , at the very minimum , be established along the existing ten - t core and comprehensive networks . there should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the union . ### the main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level . the current distribution and coverage of transhipment terminals in the union , at least along the existing ten - t core and comprehensive network , is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth . investing in transhipment terminal capacity may reduce overall transhipment costs , and hence produce a derived modal shift , as demonstrated in some member states . member states should therefore ensure , in coordination with the neighbouring member states and with the commission , that a network of efficient terminals to meet existing and future demand for transport infrastructure and increased transhipment capacity is constructed or made available to transport operators . this would incentivise the use of freight transport alternatives and increase modal shift , thus making combined transport operations more competitive than road transport alone . the increased coverage , efficiency and capacity of transhipment terminals should , at the very minimum , be established along the existing ten - t core and comprehensive networks .


### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , grants for intermodal load units effectively transport in combined transport operations , or the partial reimbursement of transhipments cost . ### member states should implement additional economic support measures in addition to the existing ones , targeting the various legs of a combined transport operation , in order to reduce the road freight and to encourage the use of other modes of transport such as rail , inland waterways and maritime transport , or to reduce the carbon footprint of the road freight sector , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . such measures may include the reduction of certain taxes or transport fees , grants for the effective use of intermodal load units in combined transport operations , low - emission vehicles or alternative fuels , or the partial reimbursement of transhipments cost .


### support measures should also be reviewed on a regular basis by the members states to ensure their effectiveness and efficiency . ### support measures should also be reviewed on a regular basis by the members states to ensure their effectiveness and efficiency , and corrective measures should be taken as needed . the commission should provide , on the basis of information supplied by the member states , an analysis of the various measures the member states undertake and the effectiveness of those measures , and should promote the sharing of good practice .


### to cope with the evolution of union transport , and in particular the combined transport market , relevant data and information should be gathered by the member states and reported to the commission on a regular basis and the commission should submit a report to the european parliament and the council on the application of this directive every four years . ### to cope with the evolution of union transport , and in particular the combined transport market , relevant data and information should be gathered by the member states and reported to the commission on a regular basis and the commission should submit a report to the european parliament , the council and the member states’ competent authorities on the application of this directive every four years .


### transparency is important for all stakeholders involved in combined transport operations , notably those affected by this directive . to support such transparency , and promote further cooperation , competent authorities should be identified in each member state . ### transparency is important for all stakeholders involved in combined transport operations , notably those affected by this directive . to support such transparency , and promote further cooperation , a competent authority should be identified in each member state .


### the road leg distance limit may be exceeded for combined road / rail transport operations , when authorised by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity and appropriate rail freight services . ### the road leg distance limit may be exceeded for combined transport operations , in order to reach the geographically nearest transport terminal – including in cases when this is in another member state – which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity and appropriate rail freight services . with a view to avoiding differences in interpretation between member states , the commission shall lay down , in a delegated act in accordance with article 10 , the criteria under which combined transport operators may exceed the road leg distance limit for combined transport operations . the member states shall be responsible for ensuring compliance with these rules by operators .


### the road leg distance limit may be exceeded for combined road / rail transport operations , when authorised by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity and appropriate rail freight services . ### the road leg distance limit may be exceeded for combined transport operations , when authorised by the member state or member states on whose territory the road leg takes place , in order to reach the geographically nearest transhipment terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment , terminal capacity , terminal opening hours and appropriate rail freight services . member states shall ensure that operators comply with those rules and shall forward to the commission the necessary information concerning authorisations , including the justification for granting derogations and the duration thereof .


### a combined transport operation shall be deemed to take place in the union where the operation or the part thereof taking place in the union fulfils the requirements laid down in paragraphs 2 and 3 . ### a combined transport operation shall be deemed to take place in the union where the operation or the part thereof taking place in the union fulfils the requirements laid down in paragraphs 2 and 3 . a combined transport operation may , for the purposes of this directive , begin or end in , or pass through , a third country .


### on the basis of an analysis of the national reports , in the first instance by [ xx / xx / xxx - 9 months after the ms report submission deadline ] and two years thereafter the commission shall draw up and submit a report to the european parliament and to the council on : ### on the basis of an analysis of the national reports , in the first instance by [ xx / xx / xxx - 9 months after the ms report submission deadline ] and every two years thereafter the commission shall draw up and submit a report to the european parliament , the council and the member states’ competent authorities on :


### on the basis of an analysis of the national reports , in the first instance by [ xx / xx / xxx - 9 months after the ms report submission deadline ] and every two years thereafter the commission shall draw up and submit a report to the european parliament and to the council on : ### on the basis of an analysis of the national reports , including also statistical data drawn up on the basis of indications and methodologies that are common to the entire eu , in the first instance by [ xx / xx / xxx - 9 months after the ms report submission deadline ] and every two years thereafter the commission shall draw up and submit a report to the european parliament , the council and the member states’ competent authorities on :


### the economic development of combined transport , notably in light of the evolution of the environmental performance of different modes of transport ; ### the economic development of combined transport at member state and eu - wide level , notably in light of the evolution of the environmental performance of different modes of transport ;


### the construction and , where necessary , the expansion of combined transport such transhipment terminals ; ### the expansion of transhipment terminals and , where necessary , the construction of new combined transport terminals . prior to these investments , an impact assessment , whose purpose shall be to ensure the achievement of this directive ' s aims and the economic and environmental relevance of such investments &#8211 ; with due account for the geographical and natural constraints of the area &#8211 ; shall be conducted . member states shall prioritise investment in transhipment terminals to reduce bottlenecks and congestion areas , in particular near urban and sub - urban areas , with a view to making it easier to cross natural barriers such as mountain areas , improving cross - border connections , reducing harmful airborne emissions and improving access to and from industrial areas which lack such infrastructure ;


### member states shall coordinate with neighbouring member states and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km from such terminal . ### member states shall coordinate with neighbouring member states , particularly via close cooperation between their competent authorities , and with the commission and ensure that , when such measures are implemented , priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the union , and notably on the ten - t core and comprehensive networks , allowing that any location in the union is not situated at a distance farther than 150 km as the crow flies from such terminal . member states may derogate from this 150 - km rule if these facilities have no economic relevance or for reasons related the geographic or natural features of a given area . such derogations must be duly justified by the competent authority .


### member states may take additional measures , to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations . ### by 31 december 2021 , member states shall take at least one additional measure to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations , in particular with a view to reducing the time and costs involved in transhipment operations .


### member states may take additional measures , to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations . ### member states shall take additional measures of an economic and legislative nature , to improve - also through the use of technologies - the competitiveness of combined transport operations as compared to equivalent alternative road transport operations .


### member states shall report to the commission on the measures taken pursuant to this article and their specifications . ### member states shall assess the impact of such support measures , and re - evaluate their needs at least every four years and , where necessary , adapt the measures .


### member states shall assess the impact of such support measures , and re - evaluate their needs at least every four years and where necessary adapt the measures . ### member states shall report to the commission , in accordance with the conditions laid down in article 5 , on the measures taken pursuant to this article , detailing them and their impact and disclosing any remedial measures taken or planned , together with a precise schedule .


### member states shall ensure that support measures for combined transport operations aim at reducing the road freight and encourage the use of other modes of transport such as rail , inland waterways and maritime transport , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion . ; ### member states shall ensure that support measures for combined transport operations aim at reducing the road freight and encourage the use of other modes of transport such as rail , inland waterways , maritime transport or low - emission vehicles , or the use of lower - emission alternative fuels such as biofuels , electricity from renewable sources , natural gas or hydrogen fuel cells , thereby reducing air pollution , greenhouse gas emissions , road traffic accidents , noise and congestion .


### member states shall designate one or more competent authority to ensure the implementation of this directive and to act as the main point of contact for its implementation . ### member states shall designate one competent authority to ensure the implementation of this directive and to act as the main point of contact for its implementation .


### member states shall notify the other member states and the commission of the competent authorities referred to in the first subparagraph . ### member states shall notify the other member states and the commission of the competent authority referred to in the first subparagraph .


### member states shall ensure that national competent authorities cooperate with the competent authorities from other member states . for such purpose , member states shall ensure that competent authorities provide each other with the information necessary for the application of the present directive . in respect of the information exchanged , the receiving authority shall ensure the same level of confidentiality as the originating authority . ### member states shall ensure that national competent authorities cooperate with one another , particularly in upgrading cross - border transport connections and ensuring the continuity and consistency of investments on both sides of the border . for such purpose , member states shall ensure that competent authorities provide each other with the information necessary for the application of the present directive . in respect of the information exchanged , the receiving authority shall ensure the same level of confidentiality as the originating authority .


### this directive should also contribute to the achievement of the air quality objectives set in union legislation and to the mitigation of climate change impacts by reducing emissions of short - lived climate pollutants as well as to the improvement of air quality globally . ### this directive should also contribute to the achievement of the air quality objectives set in union legislation and to the mitigation of climate change impacts by reducing emissions of short - lived climate pollutants in addition to the improvement of air quality globally .


### in order to promote cost - effective achievement of the national emission reduction commitments and of the intermediate emission levels , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council . 21 member states should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### in order to promote cost - effective achievement of the national emission reduction commitments and of the intermediate emission levels , member states should have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 .


### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe . ### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and in particular nearby schools , day - cares , retirement homes , hospitals and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe .


### ' non - methane volatile organic compounds ' means all organic compounds of an anthropogenic nature , other than methane , that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight ; ### ' non - methane volatile organic compounds ' means , unless otherwise specified , all organic compounds of an anthropogenic nature , other than methane , that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight ;


### member states shall establish the emission inventories , including adjusted emission inventories , emission projections and the informative inventory report in accordance with annex iv . ### member states shall establish the emission inventories , including if appropriate adjusted emission inventories , emission projections and the informative inventory report in accordance with annex iv .


### the commission shall , every five years at least , report to the european parliament and the council on the progress on implementing this directive , including an assessment of its contribution to the achievement of the objectives of this directive . ### the commission shall , every 30 months from the implementation of this directive , report to the european parliament and the council on the progress on implementing this directive . in doing so it shall provide an assessment of : its contribution and members&#160 ; states ' efforts&#160 ; to achieving the objectives of this directive the progress of air pollutants’ emissions up to 2025 and 2030 . the progress of achieving the long terms objectives of air quality aims established in the 7th environment action programme . the exceeding of critical loads and levels as well as world health organisation air pollution guide values . member states uptake of eu funding available , which has been used to target air pollution reduction .


### the commission shall , every five years at least , report to the european parliament and the council on the progress on implementing this directive , including an assessment of its contribution to the achievement of the objectives of this directive . ### in the years 2020 , 2025 and 2030 the commission shall report to the european parliament and the council on the progress on implementing eu source - based air pollution policies1a , including an assessment of their contribution to the achievement of the objectives of this directive . the report shall assess the implementation of eu source - based air pollution policies , including the industrial emissions directive1b , at a member state level and to which extent technically supposed reductions are met and which are the reasons for non - achievement , where applicable . __________________ 1 a see wording of amendment on article 3 , paragraph 13 . 1 b directive 2010 / 75 / eu .


### manures and slurries shall not be spread when the receiving land is water saturated , flooded , frozen or snow covered ; ### manures and slurries shall not be spread when the receiving land is water saturated , flooded , frozen or snow covered , or shall be spread in such a way as to ensure that the emissions are contained ;


### 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 . 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 , social medias 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 .


### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . ### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met when a video subsection of a media service is independent from the rest of the service and not indissociably complementary1a . as social media services represent an important access point to information for consumers and rely increasingly on audiovisual content generated or made available by their users , it is necessary to include them within this directive when their services meet the criteria defining a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . __________________ 1a ecj decision c - 347 / 14 ' new media online '


### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . ### directive 2010 / 13 / eu should remain applicable only to those services the purpose of which is the provision of programmes in order to inform , entertain or educate . the purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive .


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


### 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 , 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 need 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 .


### similarly , member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively limit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages . certain co - regulatory or self - regulatory systems exist at union and national level in order to market responsibly alcoholic beverages , including in audiovisual commercial communications . those systems should be further encouraged , in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages . ### similarly , member states need to ensure that self - and co - regulatory codes of conduct are used to effectively limit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages . certain co - regulatory or self - regulatory systems exist at union and national level in order to market responsibly alcoholic beverages , including in audiovisual commercial communications . those systems should be further encouraged , in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages .


### in order to remove barriers to the free circulation of cross - border services within the union , it is necessary to ensure the effectiveness of self - and co - regulatory measures aiming , in particular , at protecting consumers or public health . when well enforced and monitored , codes of conduct at union level might be a good means of ensuring a more coherent and effective approach . ### in order to ensure a high level of consumer protection and public health while removing barriers to the free circulation of cross - border services within the union , it is necessary to ensure the effectiveness of self - and co - regulatory measures . effective monitoring and reporting mechanisms should be put in place . when well enforced and monitored , codes of conduct at union level are a good means of ensuring a coherent and effective approach . they should be of assistance to the national regulatory authorities in the drafting of their national codes of conduct and help improve coherence in implementing directive 2010 / 13 / eu .


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


### as the increase in the number of new services has led to a greater choice for viewers , broadcasters are given greater flexibility with regard to the insertion of advertising and teleshopping spots where this does not unduly impair the integrity of programme . yet , in order to safeguard the specific character of the european television landscape , interruptions for cinematographic works and films made for television as well as for some categories of programmes that still need specific protection should remain limited . ### even though the increase in the number of new services has led to a greater choice for viewers , it remains necessary to keep protecting the integrity of programmes and consumers from disproportionally frequent advertising and teleshopping spots . therefore , in order to safeguard the specific character of the european television landscape , interruptions for cinematographic works and films made for television as well as for some categories of programmes that still need specific protection should remain limited and not be subject to further flexibility .


### in order to ensure that obligations on promotion of european works do not undermine market development and to allow for the entry of new players in the market , companies with no significant presence on the market should not be subject to such requirements . this is in particular the case for companies with a low turnover and low audiences and small and micro enterprises as defined in commission recommendation 2003 / 361 / ec33 . it could also be inappropriate to impose such requirements in cases where – given the nature or theme of the on - demand audiovisual media services– they would be impracticable or unjustified . __________________ 33 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to ensure that obligations on promotion of european works do not undermine market development and to allow for the entry of new players in the market , service providers operating on smaller markets or facing an economic crisis and / or companies with no significant presence on the market should not be subject to such requirements . this is in particular the case for companies with a low turnover and low audiences and small and micro enterprises as defined in commission recommendation 2003 / 361 / ec33 . it could also be inappropriate to impose such requirements in cases where – given the nature or theme of the on - demand audiovisual media services– they would be impracticable or unjustified . at the same time , it would be worthwhile having a system that encourages financial assistance for the production of quality european works , such as through tax incentives . __________________ 33 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### in order to ensure that obligations on promotion of european works do not undermine market development and to allow for the entry of new players in the market , companies with no significant presence on the market should not be subject to such requirements . this is in particular the case for companies with a low turnover and low audiences and small and micro enterprises as defined in commission recommendation 2003 / 361 / ec33 . it could also be inappropriate to impose such requirements in cases where – given the nature or theme of the on - demand audiovisual media services– they would be impracticable or unjustified . __________________ 33 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to ensure that obligations on promotion of european works do not undermine market development and to allow for the entry of new players in the market , companies with no significant presence on the market should not be subject to such requirements . this is in particular the case for companies with a low turnover and low audiences in regards to the targeted market and small and micro enterprises as defined in commission recommendation 2003 / 361 / ec33 . it could also be inappropriate to impose such requirements in cases where – given the nature or theme of the on - demand audiovisual media services or the competition with equivalent european works– they would be impracticable or unjustified . __________________ 33 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


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


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


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


### 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 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 .


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


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


### the principal purpose of the service or a dissociable section thereof is devoted to providing programmes and user - generated videos to the general public , in order to inform , entertain or educate ; ### the purpose of the service or a section thereof is devoted to providing programmes and user - generated videos to the general public , in order to inform , entertain or educate ;


### the commission shall , within three months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within three months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall , within two months following the notification of the measures taken by the member state in application of paragraphs 2 and 3 and after having consulted erga , take a decision on whether those measures are compatible with union law . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within one month from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to undermine human dignity or any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; any incitement to commit or to seek to justify terrorist acts ;


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to the commission of terrorist acts or incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . ;


### the commission and erga shall encourage media service providers to exchange best practices on co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct . ### the commission and erga shall encourage media service providers to exchange best practices on co - regulatory systems across the union . the commission , together with the erga , is encouraged to develop union codes of conduct .


### protect minors from content which may impair their physical , mental or moral development ; ### protect all minors from content which may impair their physical , mental or moral development ;


### those measures shall consist of , as appropriate : ### for example , those measures may consist of , as appropriate :


### member states shall ensure that video - sharing platform providers which are not established on their territory , but which have either a parent company or a subsidiary that is established on their territory or which are part of a group and another entity of that group is established on their territory , are deemed to have been established on their territory for the purposes of article 3 of directive 2000 / 31 / eec . ### member states shall ensure that video - sharing platform providers which are not established on their territory , but which have either a parent company or a subsidiary that is established on their territory or which are part of a group and another entity of that group is established on their territory , which are established in another member state but target audiences on their territory , are deemed to be established on their territory for the purposes of article 3 of directive 2000 / 31 / eec .


### for the purposes of applying the second subparagraph , where there are several subsidiaries each of which are established in different member states , or where there are several other entities of the group each of which are established in different member states , the member states concerned shall ensure that the provider designates in which of these member states it shall be deemed to have been established . ### for the purposes of applying the second subparagraph , where there are several subsidiaries each of which are established in different member states , or where there are several other entities of the group each of which are established in different member states , it shall be deemed to have been established in the member state where the majority of the workforce operates .


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


### consumer protection legislation should be applied effectively throughout the union . yet , the comprehensive fitness check of consumer and marketing law directives carried out by the commission in 2016 and 2017 in the framework of the regulatory fitness and performance programme concluded that the effectiveness of the union consumer legislation is compromised by lack of awareness both among traders and consumers and by insufficient enforcement and limited consumer redress possibilities . ### consumer protection legislation should be applied effectively throughout the union . yet , the comprehensive fitness check of consumer and marketing law directives carried out by the commission in 2016 and 2017 in the framework of the regulatory fitness and performance programme concluded that the effectiveness of the union consumer legislation is compromised by lack of awareness both among traders and consumers and the fact that existing means of redress are not sufficiently used .


### to facilitate more consistent application of penalties , in particular in intra - union infringements , widespread infringements and widespread infringements with a union dimension referred to in regulation 2017 / 2394 , common non - exhaustive criteria should be introduced for the application of fines . these criteria should include the cross - border nature of the infringement , namely whether the infringement has harmed consumers also in other member states . any redress provided by the trader to consumers for the harm caused should also be taken into account . repeated infringements by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and , accordingly , of the need to increase the level of the penalty to achieve effective deterrence . the criterion of financial benefits gained , or losses avoided , due to the infringement is especially relevant where the national law provides for fines as penalties and sets the maximum fine as percentage of the trader’s turnover and where the infringement concerns only one or some of the markets in which the trader is operating . ### to facilitate more consistent application of penalties , for infringements directly against the national provisions adopted pursuant to this directive and / or against a judicial or administrative decision ordering the termination of an existing or the prohibition of an imminent infringement , in particular in intra - union infringements , widespread infringements and widespread infringements with a union dimension referred to in regulation 2017 / 2394 , common non - exhaustive criteria should be introduced for the application of fines . these criteria should include the cross - border nature of the infringement ; account may also be taken whether the infringement has actually harmed consumers also in other member states . any redress provided by the trader to consumers for the harm caused should also be taken into account . repeated infringements by the same perpetrator shows a propensity to commit such infringements and is therefore a significant indication of the gravity of the conduct and , accordingly , of the need to increase the level of the penalty to achieve effective deterrence .


### furthermore , any fines imposed as penalties should take into account the annual turnover and profits of the infringing trader and any fines that have been imposed on the trader in other member states for the same infringement in , particular , in the context of the widespread infringements of consumer law and widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 . ### traders have to respect not only consumer protection requirements , but numerous other legal provisions - which also often change rapidly - from a wide variety of areas in the exercise of their entrepreneurial activity . violations are frequently not committed deliberately . it should therefore be possible for member states - or they should be encouraged - to act on the principle of ‘ advise rather than punish’ . fines should only be imposed as penalties as a last resort and should take into account any fines that have been imposed on the trader in other member states for the same infringement in , particular , in the context of the widespread infringements of consumer law and widespread infringements with a union dimension that are subject to coordinated investigation and enforcement in accordance with regulation 2017 / 2394 .


### these common non - exhaustive criteria for the application of penalties may not be relevant in deciding on penalties regarding every infringement , in particular regarding non - serious infringements . member states should also take account of other general principles of law applicable to the imposition of penalties , such as the principle of non bis in idem . ### penalties should be proportionate and appropriate to the nature of the breach of union consumer protection legislation and the actual or potential overall harm . these common criteria may not be relevant in the case of less serious infringements . the competent authorities should take account of all facts and circumstances of the case and choose the most appropriate penalties essential to address the infringement . those measures should be proportionate , effective and dissuasive .