### the powers to adopt the delegated acts referred to in articles 4 and 8 shall be conferred on the commission for an indeterminate period of time . 2 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3 . the powers to adopt delegated acts are conferred on the commission subject to the conditions laid down in articles 11 and 12 . ### the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article . 1a . the delegation of power referred to in article 4 shall be conferred on the commission for a period of five years from the entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . 1b . the delegation of powers referred to in article 4 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 2 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3 . deleted 3a . a delegated act adopted pursuant to article 4 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### this regulation applies to protection measures taken in civil matters whatever the nature of the authority . it does not apply to protection measures covered by regulation no 2201 / 2003 . ### this regulation applies to protection measures taken in civil matters whatever the nature of the authority issuing the protection measure . it does not apply to protection measures covered by regulation no 2201 / 2003 or to the protection measures covered by directive [ . . . ] of the european parliament and of the council on the european protection order , in order to prevent overlapping between the civil law and criminal law systems .


### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting a person when serious reasons exist to consider the person ' s physical and / or psychological integrity or liberty to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . the following are notably protection measures : an obligation not to enter certain localities , places or defined areas where the protected person resides , works or that he visits ; or an obligation not to enter into contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or an obligation not to approach the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person . ### ' protection measure ' means any decision , whatever it may be called , of a preventive and temporary nature taken by an authority in a member state in accordance with its national law with a view to protecting an individual person when serious reasons exist to consider the person ' s life , physical and / or psychological integrity , dignity , personal liberty or sexual integrity to be at risk . it shall include measures ordered without the person causing the risk being summoned to appear . protection measures may include one or more of the following obligations or prohibitions : a prohibition from entering and / or remaining in certain localities , places or defined areas where the protected person resides , works or that he visits ; or a prohibition or regulation of contact , in any form , with the protected person , including by phone , electronic or ordinary mail , fax or any other means ; or a prohibition or regulation on approaching the protected person closer than a prescribed distance ; or a decision attributing the exclusive use of the common housing of two persons to the protected person ; or any other prohibitions or regulations imposed in order to guarantee the protection of the protected person .


### spectrum is a key resource for essential sectors and services , including mobile , wireless broadband and satellite communications , television and radio broadcasting , transport , radiolocation , and applications such as alarm , remote controls , hearing aids , microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , and scientific activities , such as meteorology , earth observation , radio astronomy and space research . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications . ### spectrum is a key resource for essential sectors and services , including mobile , wireless broadband and satellite communications , television and radio broadcasting , transport , radiolocation , and applications such as alarm , remote controls , hearing aids , microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , the facilitation of relations between the citizen and the state by means of electronic governance and scientific activities , such as meteorology , earth observation , radio astronomy and space research . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications .


### spectrum is a key resource for essential sectors and services , including mobile , wireless broadband and satellite communications , television and radio broadcasting , transport , radiolocation , and applications such as alarm , remote controls , hearing aids , microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , and scientific activities , such as meteorology , earth observation , radio astronomy and space research . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications . ### spectrum is a key resource for essential sectors and services , including mobile , wireless broadband and satellite communications , television and radio broadcasting , transport , radiolocation , and applications such as alarm , remote controls , hearing aids , wireless microphones , and medical equipment . it supports public services such as security and safety services , including civil protection , and scientific activities , such as meteorology , earth observation , radio astronomy and space research . regulatory measures on spectrum therefore have economic , safety , health , public interest , cultural , scientific , social , environmental and technical implications .


### the strategic planning and harmonisation of spectrum use at union level should enhance the single market for wireless electronic communications services and equipment as well as other union policies requiring spectrum use , thus creating new opportunities for innovation and contributing to economic recovery and social integration across the union , while at the same time respecting the important social , cultural and economic value of spectrum . to this end , the union therefore needs a policy programme that covers the internal market in all union policy areas involving the use of spectrum such as electronic communications , research and development , transport and energy . ### the strategic planning and harmonisation of spectrum use at union level should enhance the single market for wireless electronic communications services and equipment as well as other union policies requiring spectrum use , thus creating new opportunities for innovation and contributing to economic recovery and social integration across the union , while at the same time respecting the important social , cultural and economic value of spectrum . to this end , the union therefore needs a policy programme that covers the internal market in all union policy areas involving the use of spectrum such as electronic communications , research and development , transport , culture and energy .


### optimal and efficient spectrum use requires continuous monitoring of developments , and up - to - date transparent information on spectrum use throughout the union . while commission decision 2007 / 344 / ec on harmonised availability of information regarding spectrum use within the community6 requires member states to publish information on usage rights , a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the union to improve the efficiency of spectrum and radio equipment use , in particular between 300 mhz and 3 ghz . this would help to identify inefficient technologies and usages in both the commercial and public sectors , as well as unused assignments and sharing opportunities , and to evaluate future consumer and business needs . ### optimal and efficient spectrum use requires continuous monitoring of developments , and up - to - date transparent information on spectrum use throughout the union . while commission decision 2007 / 344 / ec on harmonised availability of information regarding spectrum use within the community6 requires member states to publish information on usage rights , a detailed inventory of existing spectrum use together with an effective review and assessment methodology are necessary in the union to improve the efficiency of spectrum and radio equipment use , in particular between 300 mhz and 3 ghz . this would help to identify inefficient technologies and usages in both the private and public sectors , as well as unused assignments and sharing opportunities , and to evaluate future consumer and business needs .


### harmonised standards under directive 1999 / 5 / ec of the european parliament and of the council of 9 march 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions . european standards for non - radio electric and electronic equipment and networks should also avoid disturbance to spectrum use . the cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management . these should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms . ### harmonised standards under directive 1999 / 5 / ec of the european parliament and of the council of 9 march 1999 on radio equipment and telecommunications terminal equipment , the mutual recognition of their conformity and future harmonisations in respect of electronic networks and wireless devices are essential to achieve efficient spectrum use and should ensure the coexistence of existing and new applications . european standards for non - radio electric and electronic equipment and networks should also avoid disturbance to spectrum use . the cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management . these should be examined and reassessed together with receiver characteristics - such as increasing reliability of receivers and appropriate output levels for emitting devices - and more sophisticated interference avoidance mechanisms .


### additional spectrum may be needed by other sectors such as transport , r&d , public protection and disaster relief , e - health and e - inclusion . optimising synergies between spectrum policy and r&d activities and carrying out studies of radio compatibility between different spectrum users should help innovation . the commission ' s joint research centre should help in developing the technical aspects of spectrum regulation , notably by providing testing facilities to verify interference models relevant to union legislation . moreover , results of research under the seventh framework programme require the examination of the spectrum needs of projects that may have a large economic or investment potential , in particular for smes , e . g . cognitive radio or e - health . adequate protection against harmful interference should also be ensured to sustain r&d and scientific activities . ### additional spectrum may be needed by other sectors such as transport , r&d , public protection and disaster relief , e - health , e - inclusion and culture . optimising synergies between spectrum policy and r&d activities and carrying out studies of radio compatibility between different spectrum users should help innovation . the commission ' s joint research centre should help in developing the technical aspects of spectrum regulation , notably by providing testing facilities to verify interference models relevant to union legislation . moreover , results of research under the seventh framework programme require the examination of the spectrum needs of projects that may have a large economic or investment potential , in particular for smes , e . g . cognitive radio or e - health . adequate protection against harmful interference should also be ensured to sustain r&d and scientific activities .


### enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation ; ### enhance the efficient use of spectrum by harnessing the benefits of general authorisations and increasing the use of such types of authorisation ; improve the position of consumers with regard to the coexistence of old and new applications ;


### avoid harmful interference or disturbance by other radio or non - radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum , and increasing immunity of receivers to interference , taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications ; ### avoid harmful interference or disturbance by other radio or non - radio devices by facilitating the development of standards allowing for flexible and efficient use of spectrum , and increasing immunity of receivers to interference or appropriate output controls for them , taking particular account of the cumulative impact of the increasing volumes and density of radio devices and applications ;


### member states shall ensure that selection conditions and procedures promote investment and efficient use of spectrum . ### member states shall ensure that selection conditions and procedures promote investment , efficient use of spectrum and the coexistence of existing and new applications for the consumer .


### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users . ### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users . in connection with reallocation of the 800 mhz band , member states shall ensure interference - free use of receivers by end users .


### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas , in particular through coverage obligations ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users . ### member states , in cooperation with the commission , shall ensure that the provision of access to broadband content and services using the 790 - 862 mhz band is encouraged in sparsely populated areas ; in doing so , they shall examine ways and , where necessary , take appropriate measures to ensure that the freeing of the 800 mhz band does not adversely affect programme making and special events users .


### if necessary , the commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access at a comparable price to terrestrial offerings . ### if necessary , the commission shall ensure the continued availability of spectrum for the provision of harmonised satellite services for broadband access that will cover the whole territory of the union including the most remote areas with a broadband offering enabling internet access .


### member states and the commission shall review the spectrum needs of , and collaborate with , the scientific community ; identify a number of research and development initiatives and innovative applications that may have a major socio - economic impact and / or potential for investment and prepare for the allocation of sufficient spectrum to such applications under harmonised technical conditions and the least onerous administrative burden . ### member states and the commission shall review the spectrum needs of , and collaborate with , the scientific and academic community ; identify a number of research and development initiatives and innovative applications that may have a major socio - economic impact and / or potential for investment and prepare for the allocation of sufficient spectrum to such applications under harmonised technical conditions and the least onerous administrative burden .


### the inventory referred to in paragraph shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications , unused or inefficiently used spectrum and spectrum sharing opportunities . it shall take into account future needs for spectrum based on consumers ' and operators ' demands , and of the possibility to meet such needs . ### the inventory referred to in paragraph shall allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications , unused or inefficiently used spectrum and spectrum sharing opportunities . it shall also be ensured that , where usage is not optimum , the necessary measures are taken in order to maximise efficient use . it shall take into account future needs for spectrum based on consumers ' and operators ' demands , and of the possibility to meet such needs .


### in order to ensure the supply of essential agricultural products to the outermost regions and to compensate for the additional costs caused by their extreme remoteness , it is appropriate to introduce a specific supply arrangement . in fact , the exceptional geographical situation of the outermost regions imposes additional transport costs in supplying products which are essential for human consumption , for processing or as agricultural inputs . in addition , other objective factors linked to these regions’ extreme remoteness , namely their insularity and small surface areas , lead to further constraints on economic operators and producers in the outermost regions that severely handicap their activities . these handicaps can be alleviated by lowering the price of these essential products . ### in order to ensure the supply of essential agricultural products to the outermost regions and to compensate for the additional costs caused by their extreme remoteness , it is appropriate to introduce a specific supply arrangement . in fact , the exceptional geographical situation of the outermost regions imposes additional transport costs in supplying products which are essential for human consumption , for processing or as agricultural inputs . in addition , other objective factors linked to these regions’ extreme remoteness , namely their insularity and small surface areas , lead to further constraints on economic operators and producers in the outermost regions that severely handicap their activities . these handicaps can be alleviated by lowering the price of these essential products . the specific supply arrangement should not , however , under any circumstances damage local products and their development .


### in order to achieve in an effective manner the lowering of prices in the outermost regions and mitigating the additional costs of their extreme remoteness , all the while maintaining the competitiveness of eu products , aid should be granted for the supply of community products to the outermost regions . such aid should take account of the additional cost of transport to these regions and the cost of exports to third countries and , in the case of agricultural inputs and products intended for processing , the additional costs of their extreme remoteness , specifically insularity and small surface areas . ### in order to achieve in an effective manner the lowering of prices in the outermost regions and mitigating the additional costs of their extreme remoteness , all the while maintaining the competitiveness of eu products , aid should be granted for the supply of community products to the outermost regions . such aid should take account of the additional cost of transport to these regions and the cost of exports to third countries and , in the case of agricultural inputs and products intended for processing , the additional costs of their extreme remoteness , specifically insularity and small surface areas , hilly terrain , difficult climate and scattered islands .


### with regard to processed products , trade between the outermost regions should be authorised in order to allow commerce between these regions . account should also be taken of trade flows within the context of regional commerce and traditional exports and dispatching with the rest of the union or third countries in the outermost regions , and exports of processed products corresponding to traditional trade for all those regions . for the sake of clarity , the reference period for defining traditionally exported or dispatched quantities should be specified . ### with regard to processed products , trade between the outermost regions should be authorised in order to allow commerce between these regions . account should also be taken of trade flows within the context of regional commerce and traditional exports and dispatching with the rest of the union or third countries in the outermost regions , and exports of processed products corresponding to traditional trade for all those regions . for the sake of clarity , the reference period for defining traditionally exported or dispatched quantities should be specified . the reference period should not , however , cause exports by the outermost regions to stagnate , so thought should be given to reviewing it in view of the amendment to this regulation .


### given that rice constitutes a staple of the diet of réunion , and since the island does not produce sufficient quantities to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax . ### given that rice constitutes a staple of the diet of réunion , that rice processing and polishing industries have been established in réunion for many years and that réunion does not produce sufficient quantities to meet local requirements , the import of this product to the island should continue to be exempt from any form of import tax .


### farmers in the outermost regions should be encouraged to supply high - quality products and to prioritise their marketing . use of the logo introduced by the union may be useful to this end . ### farmers in the outermost regions should be encouraged to supply high - quality products and to prioritise their marketing . use of the logo introduced by the union may be useful to this end , in combination with campaigns to promote the logo aimed at building consumer empathy and making it easier for consumers to recognise products from the outermost regions .


### farmers in the outermost regions should be encouraged to supply high - quality products and to prioritise their marketing . use of the logo introduced by the union may be useful to this end . ### farmers in the outermost regions should be encouraged to continue to supply high - quality products and to prioritise their marketing . use of the logo introduced by the union may be useful to this end . the use of other forms of quality certification , such as designations of origin and geographical indications , should also be encouraged in order to enhance the status and promote the development of local agricultural products .


### article 39 of regulation no 1698 / 2005 and annex i thereto determine the maximum annual amounts eligible for agri - environmental payments . to take into account the specific environmental situation of certain very sensitive pasture areas in the azores and the preservation of the landscape and traditional features of agricultural land , in particular the areas of terrace cultivation in madeira , provision should be made for the possibility , in the case of certain specific measures , of increasing those amounts up to twofold . ### article 39 of regulation no 1698 / 2005 and annex i thereto determine the maximum annual amounts eligible for agri - environmental payments . to take into account the specific environmental situation of certain very sensitive pasture areas in the azores and the preservation of the landscape and traditional features of agricultural land , in particular the areas of terrace cultivation in madeira and the canary islands , provision should be made for the possibility , in the case of certain specific measures , of increasing those amounts up to twofold .


### a derogation may be granted from the commission’s consistent policy of not authorising state operating aid for the production , processing and marketing of agricultural products covered by annex i to the treaty , in order to mitigate the specific constraints on farming in the outermost regions linked to their extreme remoteness , specifically their isolation , insularity , small surface areas , mountainous terrain and climate and their economic dependency on a small number of products . ### a derogation may be granted from the commission’s consistent policy of not authorising state operating aid for the production , processing and marketing of agricultural products covered by annex i to the treaty , in order to mitigate the specific constraints on farming in the outermost regions linked to their extreme remoteness , specifically their isolation , insularity , small surface areas , mountainous terrain and climate and their economic dependency on a small number of products . agricultural production plays a vital role in revitalising rural areas and encouraging people to stay in them , and the outermost rural areas are particularly affected by population ageing , low population density and in some cases depopulation .


### the plant health of agricultural crops in the outermost regions is subject to particular problems associated with the climate and the inadequacy of the control measures hitherto applied there . programmes should therefore be implemented to combat harmful organisms , including by organic methods . the union’s financial contribution towards such programmes should be defined . ### the plant health of agricultural crops in the outermost regions is subject to particular problems associated with the increase in imports , the climate and the inadequacy of the control measures hitherto applied there . programmes should therefore be implemented to combat harmful organisms , including by sustainable and environmentally sound organic methods , alongside training programmes . the union’s financial contribution towards such programmes should be defined .


### the plant health of agricultural crops in the outermost regions is subject to particular problems associated with the climate and the inadequacy of the control measures hitherto applied there . programmes should therefore be implemented to combat harmful organisms , including by organic methods . the union’s financial contribution towards such programmes should be defined . ### the plant health of agricultural crops in the outermost regions is subject to particular problems associated with the increase in imports , the climate and the inadequacy of the control measures hitherto applied there . research and training programmes should therefore be implemented to combat harmful organisms , including by sustainable and environmentally sound organic methods . the union’s financial contribution towards such programmes should be defined .


### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its poor capacity to adapt to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . ### support for the production of cow’s milk in madeira and réunion has not been sufficient to maintain the balance between domestic and external supply , chiefly because of the serious structural difficulties affecting the sector and its problems in adapting to new economic environments . consequently , authorisation to produce uht milk reconstituted from milk powder of eu origin should continue , in order to cover local consumption more fully , provided that this does not pose an obstacle to the collection and marketing of all locally produced milk , or hamper efforts to promote the expansion of local production , the medium - term aim being to secure , for réunion , self - sufficiency in milk production . in order to inform the consumer correctly , it should be made compulsory to indicate the method by which uht milk is reconstituted using milk powder on the sales labelling . this provision should also be applicable in martinique , french guiana and guadeloupe , should france make such a request citing the wish of local stakeholders to be covered by it and their ability to develop the milk sector .


### tobacco growing is of historical importance in the canary islands . economically speaking , tobacco preparation continues to be one of the chief industrial activities in the region . in social terms , tobacco cultivation is very labour - intensive and carried out by small farms . since the crop is not sufficiently profitable , however , it is in danger of dying out . tobacco is currently cultivated on only a small area on the island of la palma , for the small - scale manufacture of cigars . spain should therefore be authorised to continue to grant aid , in addition to eu aid , so that this traditional crop can be maintained with a view to supporting the artisanal activity associated with it . in addition , to maintain the manufacture of tobacco products , imports into the canary islands of raw and semi - manufactured tobacco should continue to be exempt from customs duty , up to an annual limit of 20 000 tonnes of stripped raw tobacco equivalent . ### tobacco growing is of historical importance in the canary islands and the azores . economically speaking , tobacco preparation continues to be one of the chief industrial activities in the region . in social terms , tobacco cultivation is very labour - intensive and carried out by small farms , which , in the case of the azores , makes crop rotation possible , thereby preventing monoculture and the excessive use of fertilisers . since the crop is not sufficiently profitable , however , it is in danger of dying out . tobacco is currently cultivated on only a small area on the island of la palma in the canary islands , for the small - scale manufacture of cigars , and on the island of são miguel in the azores , for the production of cigars and cigarillos . spain and portugal should therefore be authorised to continue to grant aid , in addition to eu aid , so that this traditional crop can be maintained with a view to supporting the artisanal activity associated with it . in addition , to maintain the manufacture of tobacco products , imports into the canary islands and the azores of raw and semi - manufactured tobacco should continue to be exempt from customs duty , up to an annual limit of 20 000 tonnes of stripped raw tobacco equivalent .


### implementation of this regulation must not jeopardise the level of special support from which the outermost regions have benefited up to now . for that reason , so that they can implement the appropriate measures , the member states should have at their disposal sums equivalent to the support already granted by the community under regulation no 247 / 2006 . ### in order to ensure that the objectives of this regulation , in particular the safeguarding and development of agricultural activity in the outermost regions , are met , the sums equivalent to the support already granted by the union to these areas under regulation no 247 / 2006 should be reviewed .


### the commission should therefore be able to adopt delegated acts in accordance with article 290 of the treaty , in order to supplement or modify certain non - essential elements of the present regulation . the areas with regard to which this ability can be exercised , and the conditions to which this delegation should be subject should be set out . ### in order to ensure the proper functioning of the regime established by this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to enable it to supplement or modify certain non - essential elements of the present regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### in order to ensure that the posei programme is implemented in the member states in a uniform manner and to avoid unfair competition or discrimination between operators , the commission should be able to adopt implementing acts in accordance with article 291 of the treaty . the commission should therefore be granted implementing powers under that provision , specifically vis - à - vis the uniform conditions under which products affected by the special supply arrangements enter , leave and move within the outermost regions , the uniform conditions for implementing programmes and the minimum characteristics for checks which member states must apply . ### in order to ensure that the posei programme is implemented in the member states in a uniform manner and to avoid unfair competition or discrimination between operators , the commission should be granted implementing powers , specifically vis - à - vis the uniform conditions under which products affected by the special supply arrangements enter , leave and move within the outermost regions , the uniform conditions for implementing programmes and the minimum characteristics for checks which member states must apply . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers1 . _______________ . 1 oj l 55 , 28 . 2 . 2011 , p . 13 .


### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies . ### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies , without prejudice to article&#160 ; 349 of the treaty on the functioning of the european union , which grants the outermost regions special status with a view to fostering their development and their integration on a fair basis into the union through the implementation of specific programmes and instruments tailored to their situation .


### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies . ### measures taken under posei programmes must comply with european union law and be consistent with other eu policies and with the measures taken under such policies . article 349 of the treaty on the functioning of the european union should , however , be taken into account , as this grants the outermost regions special status with a view to fostering their development and integration on an equal footing with the rest of the union through specific programmes tailored to their special situation .


### member states shall submit a draft posei programme to the commission in the light of the financial allocation referred to in article 29 and . ### the posei programme has been established by regulation no 247 / 2006 and is financed under the financial allocation referred to in article 29 and .


### the draft programme shall comprise a draft forecast supply balance indicating the products , the quantities thereof and the amount of aid for supply from the union together with a draft programme of support for local production . ### the programme comprises a forecast supply balance indicating the products , the quantities thereof and the amount of aid for supply from the union together with a programme of support for local production .


### depending on the annual evaluation of the implementation of measures included in the posei programmes , the member states may submit to the commission proposals for amendments thereto within the context of the financial allocation referred to in article 29 and , to bring them more into line with the requirements of the outermost regions and the strategy proposed . the commission shall adopt by means of an implementing act the uniform measures for the submission of proposals for amendments to the programme . ### depending on the annual evaluation of the implementation of measures included in the posei programmes , the member states may , after consulting the socioeconomic operators concerned , submit to the commission proposals for amendments thereto within the context of the financial allocation referred to in article 29 and , to bring them more into line with the requirements of the outermost regions and the strategy proposed . the commission shall assess the amendments proposed and decide on whether to approve them . the commission shall adopt by means of an implementing act the uniform measures for the submission of proposals for amendments to the programme . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### in order to take into account the different types of amendments proposed and the time frame within which they must be implemented , the commission shall determine by delegated act the procedure for approving amendments . ### in order to take into account the different types of amendments proposed and the time frame within which they must be implemented , the commission shall determine by delegated act the procedure for approving amendments . the commission shall be empowered to adopt these delegated acts in accordance with article 33 .


### specific supply arrangements are hereby established for the agricultural products listed in annex i to the treaty , which are essential in the outermost regions for human consumption , for the manufacture of other products or as agricultural inputs . ### specific supply arrangements are hereby established for the agricultural products listed in annex i to the treaty , which are essential in the outermost regions for human consumption , for the manufacture of other products or as agricultural inputs , always taking account of the principle of administrative simplification for the administrations and above all for the final beneficiaries , without ever jeopardising effectiveness and the corresponding financial resources allocated to the posei programme .


### only products of sound , fair and marketable quality may benefit from the specific supply arrangements . ### only products of sound , fair and marketable quality may benefit from the specific supply arrangements . products from third countries should comply with the european union’s veterinary and phytosanitary standards .


### where applicable , the need not to obstruct the potential development of local products . ### the need not to upset the balance of local products and not to obstruct their potential development .


### in order to ensure that operators fully exercise their rights to participate in the specific supply arrangements , the commission shall determine , by delegated act , the conditions for recording operators in the register and , if necessary , shall make it compulsory to establish a security for the issuing of certificates . ### in order to ensure that operators fully exercise their rights to participate in the specific supply arrangements , the commission shall determine , by delegated act , the conditions for recording operators in the register and , if necessary , shall make it compulsory to establish a security for the issuing of certificates . the commission shall be empowered to adopt these delegated acts in accordance with article 33 .


### the commission shall adopt by means of an implementing act all measures necessary to ensure the uniform application by the member states of this article , specifically relating to the introduction of the system of certificates , not including the establishment of the security certificates , and the commitment of operators at the time of registration . ### the commission shall adopt by means of an implementing act all measures necessary to ensure the uniform application by the member states of this article , specifically relating to the introduction of the system of certificates , not including the establishment of the security certificates , and the commitment of operators at the time of registration . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### benefiting from the specific supply arrangements resulting from the exemption of import duty or the awarding of aid shall be subject to the condition that the impact of the economic advantage is passed on up to the end user who , as appropriate , may be the consumer in the case of products meant for direct consumption , the end processor or packager in the case of products meant for the processing or packaging industries , or farmers in the case of products used for animal feed or as agricultural inputs . ### benefiting from the specific supply arrangements resulting from the exemption of import duty or the awarding of aid shall be subject to the condition that the impact of the economic advantage is passed on up to the end user who , as appropriate , may be the consumer in the case of products meant for direct consumption , the end processor or packager in the case of products meant for the processing or packaging industries , or farmers in the case of products used for animal feed or as agricultural inputs . the economic advantage passed on up should be demonstrated at each point of trade of the product .


### in order to ensure that paragraph 1 above is applied in a uniform manner , the commission shall adopt by means of an implementing act detailed rules for its application and more specifically conditions for governing monitoring by member states that the advantage has in fact been passed on up to the end user . ### in order to ensure that paragraph 1 above is applied in a uniform manner , the commission shall adopt by means of an implementing act detailed rules for its application and more specifically conditions for governing monitoring by member states that the advantage has in fact been passed on up to the end user . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### products covered by the specific supply arrangements may be exported to third countries or dispatched to the rest of the union only under uniform conditions established by the commission by means of an implementing act , which shall include the payment of import duty or the reimbursement of the aid received , as indicated in article 9 . ### products covered by the specific supply arrangements may be exported to third countries or dispatched to the rest of the union only if they comply with the technical arrangements established by the commission by means of an implementing act , which shall include the payment of import duty or the reimbursement of the aid received , as indicated in article 9 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### in order to target the benefit resulting from the application of the specific supply arrangements to regional and traditional trade , the commission shall establish by means of delegated act , the conditions that processing operations which may give rise to traditional exports or regional trade must comply with . ### in order to target the benefit resulting from the application of the specific supply arrangements to regional and traditional trade , the commission shall establish by means of delegated act , the conditions that processing operations which may give rise to traditional exports or regional trade must comply with . the commission shall be empowered to adopt these delegated acts in accordance with article 33 .


### in order to ensure uniform application of this provision , the commission shall adopt by means of an implementing act the minimum characteristics of the checks to be carried out by the member states . ### in order to ensure uniform application of this provision , the commission shall adopt by means of an implementing act the minimum characteristics of the checks to be carried out by the member states . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### in order to ensure that the operators participating in the scheme comply with their obligations , the commission shall establish by means of delegated act the conditions necessary for the implementation of the first subparagraph above and the processing of new applications for certificates by the operator . ### in order to ensure that the operators participating in the scheme comply with their obligations , the commission shall establish by means of delegated act the conditions necessary for the implementation of the first subparagraph above and the processing of new applications for certificates by the operator . the commission shall be empowered to adopt those delegated acts in accordance with article 33 .


### the posei programmes consist of specific measures designed to promote local agricultural production under the scope of part 3 , title iii of the treaty , necessary in order to ensure the continuity and development of local agricultural production in each outermost region . ### the posei programmes consist of specific measures designed to promote local agricultural production under the scope of part 3 , title iii of the treaty , necessary in order to ensure the continuity and development of local agricultural production in each outermost region , always taking account of the principle of administrative simplification for the administrations and above all for the final beneficiaries , without ever jeopardising effectiveness and the corresponding financial resources allocated to the posei programme .


### conditions for the granting of aid , the products and volumes concerned ; ### deleted


### the commission shall adopt by means of an implementing act the uniform conditions for the provision of the aid described in paragraph 2 . ### the commission shall adopt by means of an implementing act the technical arrangements for the provision of the aid described in paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### individual aid ; ### the unit amount of aid ;


### ceiling . ### deleted


### in order to support the marketing of products outside a region in which they are produced , the commission shall adopt by means of a delegated act the conditions for establishing the amount of aid awarded in respect of such marketing and , where appropriate , the maximum amounts which form the subject of this aid . ### in order to support the marketing of products outside a region in which they are produced , the commission shall adopt by means of a delegated act the conditions for establishing the amount of aid awarded in respect of such marketing and , where appropriate , the maximum amounts which form the subject of this aid . the commission shall be empowered to adopt those delegated acts in accordance with article 33 .


### in order to improve awareness of high - quality agricultural products from the outermost regions and to increase the consumption thereof , whether processed or non - processed , the commission shall establish , by means of a delegated act , the conditions for exercising the right to use the logo and for reproducing and using it . ### in order to improve awareness of high - quality agricultural products from the outermost regions and to increase the consumption thereof , whether processed or non - processed , the commission shall establish , by means of a delegated act , the conditions for exercising the right to use the logo and for reproducing and using it . the commission shall be empowered to adopt those delegated acts in accordance with article 33 .


### in order to ensure that this article is applied in a uniform way , the commission shall adopt , by means of a implementing act , the detailed rules concerning the use of the logo and the minimum characteristics for the checks and monitoring which the member states shall perform . ### in order to ensure that this article is applied in a uniform way , the commission shall adopt , by means of an implementing act , the detailed rules concerning the use of the logo and the minimum characteristics for the checks and monitoring which the member states shall perform . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### france and portugal shall submit programmes to the commission for the control of organisms harmful to plants or plant products in the french overseas departments and the azores and madeira respectively . the programmes shall specify in particular the objectives to be achieved , the measures to be carried out , their duration and their cost . the programmes submitted pursuant to this article shall not concern the protection of bananas . ### the member states shall submit programmes to the commission for the control of organisms harmful to plants or plant products in the outermost regions . the programmes shall specify in particular the objectives to be achieved , the measures to be carried out , their duration and their cost .


### in order to implement these programmes , the commission shall establish , by means of delegated act , the union ' s financial participation as referred to in paragraph 2 , the measures eligible for eu financing and the amount of the aid . ### in order to implement these programmes , the commission shall establish , by means of delegated act , the union ' s financial participation as referred to in paragraph 2 , the measures eligible for eu financing and the amount of the aid . the commission shall be empowered to adopt those delegated acts in accordance with article 33 .


### such contribution may cover up to 60% of eligible expenditure in the french overseas departments and up to 75% of eligible expenditure in the azores and madeira . payment shall be made on the basis of documentation provided by the french and portuguese authorities . if necessary , checks may be organised by the commission and conducted on its behalf by the experts referred to in article 21 of council directive 2000 / 29 / ec . ### such participation may cover up to 75 % of the eligible expenditure . payment shall be made on the basis of documentation provided by the member states . if necessary , checks may be organised by the commission and conducted on its behalf by the experts referred to in article 21 of council directive 2000 / 29 / ec .


### until the local numbers of young male bovines reach a level sufficient to ensure the maintenance and development of local beef production in the french overseas departments and madeira , the possibility shall be introduced of importing bovine animals from third countries for fattening and consumption in the french overseas departments and madeira , without applying import duties under the common customs tariff . the commission shall adopt , by means of an implementing act , the measures necessary to implement this subparagraph and more specifically the means for introducing the exemption from import duties in respect of the young male bovines introduced into the french overseas departments and madeira . ### until the local numbers of young male bovines reach a level sufficient to ensure the maintenance and development of local beef production in the french overseas departments and madeira , and taking account of the fact that the azores produce a surplus and may therefore help to make up the shortfall in the remaining outermost regions , the possibility shall be introduced of importing bovine animals from third countries for fattening and consumption in the french overseas departments and madeira , without applying import duties under the common customs tariff . the commission shall adopt , by means of implementing acts , the measures necessary to implement this subparagraph and more specifically the means for introducing the exemption from import duties in respect of the young male bovines introduced into the french overseas departments and madeira .


### until the local numbers of young male bovines reach a level sufficient to ensure the maintenance and development of local beef production in the french overseas departments and madeira , the possibility shall be introduced of importing bovine animals from third countries for fattening and consumption in the french overseas departments and madeira , without applying import duties under the common customs tariff . the commission shall adopt , by means of an implementing act , the measures necessary to implement this subparagraph and more specifically the means for introducing the exemption from import duties in respect of the young male bovines introduced into the french overseas departments and madeira . ### until the local numbers of young male bovines reach a level sufficient to ensure the maintenance and development of local beef production in the french overseas departments and madeira , the possibility shall be introduced of importing bovine animals from third countries for fattening and consumption in the french overseas departments and madeira , without applying import duties under the common customs tariff . the commission shall adopt , by means of an implementing act , the measures necessary to implement this subparagraph and more specifically the means for introducing the exemption from import duties in respect of the young male bovines introduced into the french overseas departments and madeira . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### in order to take into account the specific local features of the beef sector and industry , the commission shall establish by means of a delegated act the conditions to which the exemption from import duties is subject . ### in order to take into account the specific local features of the beef sector and industry , the commission shall establish by means of a delegated act the conditions to which the exemption from import duties is subject . the commission shall be empowered to adopt those delegated acts in accordance with article 33 .


### where article 52 and article 53 of regulation no 73 / 2009 are applied , portugal may reduce the national ceiling for sheep and goat payment and suckler cow premium rights . in this case , by means of an implementing act by the commission , the relevant amount shall be transferred from the ceilings established in accordance with article 52 and article 53 of regulation no 73 / 2009 to the financial allocation referred to in the second indent of article 29 of this regulation . ### where article 52 and article 53 of regulation no 73 / 2009 are applied , portugal may reduce the national ceiling for sheep and goat payment and suckler cow premium rights . in this case , by means of an implementing act by the commission , the relevant amount shall be transferred from the ceilings established in accordance with article 52 and article 53 of regulation no 73 / 2009 to the financial allocation referred to in the second indent of article 29 of this regulation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### the commission shall adopt by means of an implementing act the measures necessary to implement paragraph 1 and more specifically the measures for introducing the exemption from import duties in respect of tobacco in the canary islands . ### the commission shall adopt by means of an implementing act the measures necessary to implement paragraph 1 and more specifically the measures for introducing the exemption from import duties in respect of tobacco in the canary islands . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### the measures provided for in this regulation , with the exception of article 21 , shall constitute intervention intended to stabilise the agricultural markets within the meaning of article 3 of council regulation no 1290 / 2005 . ### the measures provided for in this regulation , with the exception of article 21 , shall constitute intervention intended to stabilise the agricultural markets and guarantee direct payments within the meaning of article 3 and of council regulation no 1290 / 2005 .


### - in the overseas departments of france : eur 278 . 41 million ### in the overseas departments of france : eur 308 . 21 million


### azores and madeira : eur 106 . 21 million ### azores and madeira : eur 117 . 61 million


### - canary islands : eur 268 . 42 million ### - canary islands : eur 297 . 12 million


### the commission shall establish by implementing act the uniform conditions under which member states may amend the allocation of resources allocated each year to the various products benefiting from the specific supply arrangements . ### the commission shall establish by implementing act the uniform conditions under which member states may amend the allocation of resources allocated each year to the various products benefiting from the specific supply arrangements . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 34 .


### in order to ensure a reasonable and proportional allocation of the finance measures with regard to studies , demonstration projects , training and technical assistance measures , the commission shall establish by delegated act an annual maximum amount which may be allocated to these measures . ### in order to ensure a reasonable and proportional allocation of the finance measures with regard to studies , demonstration projects , training and technical assistance measures , the commission shall establish by delegated act an annual maximum amount which may be allocated to these measures . the commission shall be empowered to adopt those delegated acts in accordance with article 33 .


### delegated acts the power to adopt the delegated acts referred to in this regulation shall be conferred on the commission for an indeterminate period of time . as soon as it adopts a delegated act , the commission shall provide simultaneous notification thereof to the european parliament and to the council . 2 . the delegation of power referred to in paragraph 1 may be revoked at any time by the european parliament or by the council . the institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall inform the other legislator and the commission at the latest one month before the final decision is taken , stating the delegated powers which could be subject to revocation and the reasons for a revocation . the decision of revocation shall put an end to the delegation of the powers specified in that decision . it shall take effect immediately or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . it shall be published in the official journal of the european union . 3 . the european parliament and the council may object to the delegated act within a period of two months from the date of notification . at the initiative of the european parliament or the council this period shall be extended by one month . if , on expiry of that period , neither the european parliament nor the council has objected to the delegated act , or if , before that date , the european parliament and the council have both informed the commission that they have decided not to raise objections , the delegated act shall enter into force at the date stated in its provisions . if the european parliament or the council objects to a delegated act , it shall not enter into force . the institution which objects shall state the reasons for objecting to the delegated act . ### exercise of the delegation the power to adopt delegated acts shall be conferred on the commission subject to the conditions laid down in this article . 2 . the delegation of power referred to in articles 6 , 11 , 13 , 17 , 18 , 20 , 23 , 26 and 29 shall be conferred on the commission for a period of five years from . . . * . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . 3 . the delegation of power referred to in articles 6 , 11 , 13 , 17 , 18 , 20 , 23 , 26 and 29 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following its publication in the official journal of the european union or at a later date specified therein . it shall not affect the validity of the delegated acts already in force . 4 . as soon as the commission adopts a delegated act , it shall notify it simultaneously to the european parliament and to the council . 5 . delegated acts adopted pursuant to articles 6 , 11 , 13 , 17 , 18 , 20 , 23 , 26 and 29 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of two months of adoption of that act , or if the european parliament and the council have both informed the commission before the deadline expires that they will not object . at the initiative of the european parliament or the council this period shall be extended by two months . _______________ * date of entry into force of this regulation .


### implementing acts - committee [ to be completed following the adoption of the regulation on control mechanisms , as referred to in article 291 of the tfeu , currently the subject of discussion by the european parliament and the council ] . ### committee procedure the commission shall be assisted by the management committee for direct payments established by article&#160 ; 144 of regulation no&#160 ; 1782 / 2003 . that committee is a committee within the meaning of regulation no 182 / 2011 . 2 . where reference is made to this paragraph , article 5 of regulation no 182 / 2011 shall apply .


### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states should therefore provide the long - term security required for private and public investment into vehicle and fuel technology , and infrastructure build - up . member states should therefore establish national policy frameworks outlining their objectives , targets , and supporting actions on the market development of alternative fuels , including the necessary infrastructure to be put into place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . a coordination of these national policy frameworks and their coherence at eu level should be ensured by the commission , following a periodic evaluation thereof . ### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated , growth - oriented policy frameworks of all member states should therefore provide the long - term security required for private and public investment into vehicle and fuel technology , and infrastructure build - up . member states should therefore establish national policy frameworks outlining their objectives , targets , and supporting actions on the market development of alternative fuels , including the necessary infrastructure to be put into place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . a coordination of these national policy frameworks and their coherence at eu level should be ensured by the commission , following a periodic evaluation thereof .


### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states should therefore provide the long - term security required for private and public investment into vehicle and fuel technology , and infrastructure build - up . member states should therefore establish national policy frameworks outlining their objectives , targets , and supporting actions on the market development of alternative fuels , including the necessary infrastructure to be put into place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . a coordination of these national policy frameworks and their coherence at eu level should be ensured by the commission , following a periodic evaluation thereof . ### fragmentation of the internal market through uncoordinated market introduction of alternative fuels should be avoided . coordinated policy frameworks of all member states aimed at promoting alternative traction technologies should therefore provide the long - term security required for private and public investment into vehicle and fuel technology , and infrastructure build - up . member states should therefore establish national policy frameworks outlining their objectives , targets , and supporting actions on the market development of alternative fuels , including the necessary infrastructure to be put into place . member states should cooperate with other neighbouring member states on the regional or macro - regional level , through consultation or joint policy frameworks , in particular where continuity of alternative fuel infrastructure coverage across national borders or construction of new infrastructure in the proximity of national borders is required . a coordination of these national policy frameworks and their coherence at eu level should be ensured by the commission , following a periodic evaluation thereof .


### biofuels are fuels produced from biomass , as defined in the directive 2009 / 28 / ec . biofuels are currently the most important type of alternative fuels , accounting for 4 . 4% in eu transport . they can contribute to a substantial reduction in overall co2 emissions , if they are produced sustainably and do not cause indirect lands use change . they could provide clean power to all modes of transport . however , supply constraints and sustainability considerations may limit their use . ### biofuels are fuels produced from biomass , as defined in directive 2009 / 28 / ec . biofuels are currently the most important type of alternative fuels , accounting for 4 , 4% in union transport . they can contribute to a substantial reduction in overall co2 emissions , if they are produced sustainably and do not cause indirect land use change . they could provide clean power to all modes of transport . however , supply constraints and sustainability considerations may limit their use . furthermore , advanced biofuels are the only low - co2 - emissions fuel option for aviation .


### the lack of harmonised development of alternative fuels infrastructure across the union prevents the development of economies of scale on the supply side and eu - wide mobility on the demand side . new infrastructure networks need to be built up , in particular for electricity , hydrogen , and natural gas . ### the lack of harmonised development of alternative fuels infrastructure across the union prevents the development of economies of scale on the supply side and union - wide mobility on the demand side . new infrastructure networks need to be built up , in particular for electricity , hydrogen , natural gas and liquefied petroleum gas , taking into account climate change , research , technological development and costs .


### with respect to recharging points for electric vehicles which are not publicly accessible , member states should ensure consistency and aim to maximise synergies with intelligent meter roll - out plans following the obligation under annex i . 2 of directive 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and repealing directive 2003 / 54 / ec . publicly accessible recharging points are currently not part of the regulated activities of a distribution system operator as defined in chapter vi of directive 2009 / 72 / ec . ### with respect to recharging points for electric vehicles which are not publicly accessible , member states should ensure , by means of intelligent control systems , that they contribute to the stability of the electricity system and are economically efficient , using existing solutions and possible synergies with intelligent meter roll - out plans following the obligation under annex i . 2 of directive 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and repealing directive 2003 / 54 / ec . member states may choose whether or not to make publicly accessible recharging points part of the regulated activities of a distribution system operator as defined in chapter vi of directive 2009 / 72 / ec .


### with respect to recharging points for electric vehicles which are not publicly accessible , member states should ensure consistency and aim to maximise synergies with intelligent meter roll - out plans following the obligation under annex i . 2 of directive 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and repealing directive 2003 / 54 / ec . publicly accessible recharging points are currently not part of the regulated activities of a distribution system operator as defined in chapter vi of directive 2009 / 72 / ec . ### with respect to recharging points for electric vehicles which are not publicly accessible , member states should ensure consistency and aim to maximise synergies with intelligent meter roll - out plans following the obligation under point 2 of annex i to directive 2009 / 72 / ec of the european parliament and of the council1 . _______________________ 1 directive 2009 / 72 / ec of the european parliament and of the council of 13 july 2009 concerning common rules for the internal market in electricity and repealing directive 2003 / 54 / ec .


### the commission delivered in 2010 a mandate to the european standardisation organisations in order to issue new standards or review the existing ones with the aim of ensuring the interoperability and connectivity between the electricity supply point and the charger of electric vehicles . cen / cenelec set up a focus group which published a report in october 2011 . whereas the report contains a number of recommendations , no consensus was found to select one standard interface . therefore , further policy action is needed in order to provide a non - proprietary solution ensuring interoperability across the eu . ### the commission delivered in 2010 a mandate to the european standardisation organisations in order to issue new standards or review the existing ones with the aim of ensuring the interoperability and connectivity between the electricity supply point and the charger of electric vehicles . cen / cenelec set up a focus group which published a report in october 2011 . whereas the report contains a number of recommendations , no consensus was found to select one standard interface . therefore , further policy action is needed in order to provide a non - proprietary solution ensuring interoperability across the eu . the eu should also ensure that common technical standards are established in the electric car market and work towards global harmonisation of technical standards for charging infrastructure for electric vehicles .


### liquefied natural gas is an attractive fuel alternative for vessels to meet the requirements for decreasing the sulphur content in maritime fuels in the sulphur emission control areas , affecting half of the ships sailing in european short sea shipping , as provided for by directive 2012 / 33 / eu of the european parliament and of the council of 21 november 2012 amending council directive 1999 / 32 / ec as regards the sulphur content of marine fuels . a core network of lng refuelling points for maritime and inland waterway vessels should be available at least by the end of 2020 . the initial focus on the core network should not rule out that in the longer perspective lng is also made available at ports outside the core network , in particular those ports that are important for vessels not engaged in transport operations . ### liquefied natural gas is an attractive fuel alternative for vessels due to its advanced environmental performance . amongst other environmental benefits , lng provides a high - potential solution in meeting the requirements for decreasing the sulphur content in maritime fuels in the sulphur emission control areas , affecting half of the ships sailing in european short sea shipping , as provided for by directive 2012 / 33 / eu of the european parliament and of the council of 21 november 2012 amending council directive 1999 / 32 / ec as regards the sulphur content of marine fuels . a core network of lng refuelling points for maritime and inland waterway vessels should be available at least by the end of 2020 . the initial focus on the core network should not rule out that in the longer perspective lng is also made available at ports outside the core network , in particular those ports that are important for vessels not engaged in transport operations .


### technical specifications for interoperability of recharging and refuelling points should be specified in european standards which are fully compatible with relevant international standards . lack of european standards prevents giving detailed references to some required specifications . thus the commission should ask european standardisation organisations to publish such european standards in accordance with article 10 of regulation no 1025 / 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing decision 87 / 95 / eec and decision no 1673 / 2006 / ec , and those standards should be based on current international standards or on - going international standardisation work , where applicable . where international standards are already available , technical specifications contained in them should be used as an intermediate solution , pending the adoption of european standards . for standards not yet published , the work will be based on : ‘ configuration ff , iec 62196 - 3 : cdv 2012’ for fast dc electric recharging points for motor vehicles , iso tc67 / wg10 for lng refuelling points for waterborne vessels iii ) the work of iso / tc 252 for cng and l - cng refuelling for motor vehicles . the commission should be empowered to adapt the references to technical specifications given in european standards through delegated acts . ### technical specifications for interoperability of recharging and refuelling points should be specified in european standards which are fully compatible with relevant international standards . lack of european standards prevents giving detailed references to some required specifications . thus the commission should ask european standardisation organisations to publish such european standards in accordance with article 10 of regulation no 1025 / 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing decision 87 / 95 / eec and decision no 1673 / 2006 / ec , and those standards should be based on current international standards or on - going international standardisation work , where applicable . where international standards are already available , technical specifications contained in them should be used as an intermediate solution , pending the adoption of european standards . for standards not yet published , the work will be based on : ‘ configuration ff , iec 62196 - 3 : cdv 2012’ for fast dc electric recharging points for motor vehicles , iso tc67 / wg10 for lng refuelling points for waterborne vessels iii ) the work of iso / tc 252 for cng and l - cng refuelling for motor vehicles and the work of cen / tc19 on higher biocontent fuel standards and jetfuels . the commission should be empowered to adapt the references to technical specifications given in european standards through delegated acts .


### technical specifications for interoperability of recharging and refuelling points should be specified in european standards which are fully compatible with relevant international standards . lack of european standards prevents giving detailed references to some required specifications . thus the commission should ask european standardisation organisations to publish such european standards in accordance with article 10 of regulation no 1025 / 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing decision 87 / 95 / eec and decision no 1673 / 2006 / ec , and those standards should be based on current international standards or on - going international standardisation work , where applicable . where international standards are already available , technical specifications contained in them should be used as an intermediate solution , pending the adoption of european standards . for standards not yet published , the work will be based on : ‘ configuration ff , iec 62196 - 3 : cdv 2012’ for fast dc electric recharging points for motor vehicles , iso tc67 / wg10 for lng refuelling points for waterborne vessels iii ) the work of iso / tc 252 for cng and l - cng refuelling for motor vehicles . the commission should be empowered to adapt the references to technical specifications given in european standards through delegated acts . ### technical specifications for interoperability of recharging and refuelling points should be specified in european standards which are fully compatible with relevant international standards . lack of european standards prevents giving detailed references to some required specifications . thus the commission should ask european standardisation organisations to publish such european standards in accordance with article 10 of regulation no 1025 / 2012 of the european parliament and of the council1 , and those standards should be based on current international standards or on - going international standardisation work , where applicable . where international standards are already available , technical specifications contained in them should be used as an intermediate solution , pending the adoption of european standards . for standards not yet published , the work should be based on : ‘ configuration ff , iec 62196 - 3 : cdv 2012’ for fast dc electric recharging points for motor vehicles ; iso tc67 / wg10 for lng refuelling points for waterborne vessels ; and the work of iso / tc 252 for cng and l - cng refuelling for motor vehicles . the commission should be empowered to adapt the references to technical specifications given in european standards through delegated acts . for the railway sector , technical specifications for interoperability are the sole responsibility of the european railway agency . ___________________ 1 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council .


### ‘ electric vehicle’ means a vehicle within the meaning of directive 2007 / 46 / ec of the european parliament and of the council of 5 september 2007 establishing a framework for the approval of motor vehicles and their trailers , and of systems , components and separate technical units intended for such vehicles , with a maximum design speed exceeding 25 km / h , equipped with one or more traction motor operated by electric power and not permanently connected to the grid , as well as their high voltage components and systems which are galvanically connected to the high voltage bus of the electric power train . ### ‘ electric vehicle’ means : – a vehicle within the meaning of directive 2007 / 46 / ec of the european parliament and of the council1 , with a maximum design speed exceeding 25 km / h , equipped with one or more traction motor operated by electric power and not permanently connected to the grid , as well as their high voltage components and systems which are galvanically connected to the high voltage bus of the electric power train ; – a vehicle within the meaning of regulation no 168 / 2013 of the european parliament and of the council2 , propelled with an electric engine . __________________ 1 directive 2007 / 46 / ec of the european parliament and of the council of 5 september 2007 establishing a framework for the approval of motor vehicles and their trailers , and of systems , components and separate technical units intended for such vehicles . 2 regulation no 168 / 2013 of the european parliament and of the council of 15 january 2013 on the approval and market surveillance of two - or three - wheel vehicles and quadricycles .


### each member state shall adopt a national policy framework for the market development of alternative fuels and their infrastructure , that will include information listed in annex i , and contain at least the following elements : ### without prejudice to directive 2009 / 28 / ec , member states shall set national targets for the development of alternative fuels in the different transport modes and the deployment of the relevant infrastructure by 2020 . such targets shall be at least in line with the targets and provisions set out in this directive . member states shall also set intermediate targets in order to assess their progress in the implementation of the 2020 national targets . each member state shall adopt a national policy framework for the market development of alternative fuels and their infrastructure , which shall be consistent with its national target referred to in the first subparagraph . it shall include the information listed in annex i , and contain at least the following elements :


### – assessment of the trans - border continuity of the infrastructure coverage for alternative fuels ; ### – assessment of the trans - border continuity of the infrastructure coverage for alternative fuels , also in the light of their possible simultaneous and combined use ;


### – deployment and manufacturing support measures ; ### – deployment and manufacturing support measures , with particular emphasis on the initial launch phase ;


### – targets for the deployment of alternative fuels ; ### – indicative targets for the deployment of alternative fuels ;


### – assessment of the need for lng refuelling points in ports outside the ten - t core network that are important for vessels not engaged in transport operations , in particular fishing vessels ; ### – assessment of the need for lng refuelling points in ports within the ten - t network ;


### member states shall notify their national policy frameworks to the commission [ within 18 months from the date of entry into force of this directive ] . ### member states shall notify their national targets for the deployment of alternative fuels and the relevant infrastructure , as well as their national policy frameworks , to the commission [ within 18 months from the date of entry into force of this directive ] .


### the commission shall evaluate the national policy frameworks and ensure that there is coherence at eu level . it shall forward to the european parliament the report on the evaluation on the national policy frameworks within one year from the reception of the national policy frameworks . ### the commission shall evaluate the national policy frameworks , especially in terms of their efficacy for the achievement of the national targets referred to in paragraph 1 , and ensure that there is coherence at union level . it shall forward to the european parliament the report on the evaluation on the national policy frameworks within one year from the reception of the national policy frameworks .


### member states shall ensure that the equipment for slow and fast recharging points as set out in annex iii . 1 . 1 and annex iii . 1 . 2 shall be available on fair , reasonable and non - discriminatory terms . ### member states , in close cooperation with regional and local authorities and with the industry concerned , shall ensure that the equipment for normal , fast and wireless recharging points as set out in points 1 . 1 , 1 . 2 and 1 . 2a of annex iii complies with specific safety requirements in force at national level and is available on fair , reasonable and non - discriminatory terms .


### the commission shall be empowered to adopt delegated acts in accordance with article 8 concerning the updating of the technical specifications set out in annex iii . 1 . 1 , annex iii . 1 . 2 and annex iii . 1 . 3 . ### the commission shall be empowered to adopt delegated acts in accordance with article 8 concerning the updating of the technical specifications set out in points 1 . 1 , 1 . 2 , 1 . 2a and 1 . 3 of annex iii .


### the commission shall be empowered to adopt delegated acts in accordance with article 8 concerning the updating of the technical specifications set out in annex iii . 3 . 1 , annex iii . 3 . 2 and annex iii . 3 . 3 . ### the commission shall be empowered to adopt delegated acts in accordance with article 8 concerning the updating of the technical specifications set out in points 3 . 1 , 3 . 2 , 3 . 3 and 3a of annex iii .


### all lng refuelling points for maritime and inland waterway transport shall comply with the technical specifications set out in annex iii . 3 . 1 by 31 december 2015 at the latest . ### all lng refuelling points for maritime and inland waterway transport shall comply with the technical specifications set out in annex iii . 3 . 1 by at the latest two years after the entry into force of this directive .


### member states shall ensure that a sufficient number of publicly accessible refuelling points are available , with maximum distances of 150 km , to allow the circulation of cng vehicles union - wide by 31 december 2020 at the latest . ### member states shall ensure that a sufficient number of publicly accessible refuelling points are available , with maximum distances of 150 km , to allow the circulation of cng vehicles union - wide by 31 december 2020 at the latest . an exception shall be permitted for sparsely populated regions , where refuelling points on main roads close to population centres shall be spaced not more than 250 km apart .


### member states shall ensure that a sufficient number of publicly accessible refuelling points are available , with maximum distances of 150 km , to allow the circulation of cng vehicles union - wide by 31 december 2020 at the latest . ### member states , in close cooperation with regional and local authorities and with the industry concerned , shall ensure that a sufficient number of publicly accessible refuelling points are available , with maximum distances of 100 km , including one refuelling point per 100 000 inhabitants in urban areas , to allow the circulation of cng vehicles union - wide by 31 december 2020 at the latest .


### at the pumps in all refuelling points , at vehicle dealerships and at technical control facilities in their territory ; ### at the pumps in all refuelling points in their territory ;


### in vehicle manuals ; ### in the vehicle owner manuals and at vehicle dealerships in their territory ;


### the information about compatibility of fuels referred to in paragraph 1 , shall be based , where available and suitable for reaching the objectives of the directive , on the fuel labelling standards under the european norm schemes , as listed in annex iii . 4 , and a graphical expression of those standards shall be implemented . ### the information about compatibility of fuels referred to in paragraph 1 shall be based , where available and suitable for reaching the objectives of this directive , on the fuel labelling standards under the european norm schemes , as listed in points 3a and 4 of annex iii , and a graphical expression of those standards shall be implemented .


### the delegation of power referred to in articles 3 , 4 , 5 , and 6 shall be conferred on the commission for an indeterminate period of time . ### the delegation of power referred to in articles 3 , 4 , 5 , and 6 shall be conferred on the commission for a period of five years from the [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### each member state shall submit a report to the commission on the national policy framework and its implementation by [ two years after the entry into force of this directive ] , and every 2 years thereafter . these reports shall include information set out in annex i . ### each member state shall submit a report to the commission on the national policy framework and its implementation in relation to its national target by [ two years after the entry into force of this directive ] , and every two years thereafter . these reports shall include information set out in annex i . in these reports , discrepancies between the targets achieved , as compared to the national targets established in accordance with article 3 of this directive , shall be justified .


### lng refuelling points for waterborne vessels shall comply with the relevant en standards , to be adopted by 2014 . ### lng refuelling points for waterborne vessels shall comply with the relevant en standards , to be adopted by 2017 .


### the laws of the member states on consumer contracts show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market . the existing community legislation in the field of consumer contracts concluded at a distance or away from business premises , consumer goods and guarantees as well as unfair contract terms establishes minimum standards for harmonising legislation allowing the member states the possibility to maintain or introduce more stringent measures which ensure a higher level of consumer protection in their territories . furthermore , many issues are regulated inconsistently between directives or have been left open . these issues have been addressed differently by the member states . as a result , the national provisions implementing directives on consumer contract law diverge significantly . ### the laws of the member states on consumer contracts show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market . the existing union legislation in the field of consumer contracts concluded at a distance or away from business premises , consumer goods and guarantees as well as unfair contract terms establishes minimum standards for harmonising legislation allowing the member states the possibility to maintain or introduce more stringent measures which ensure a higher level of consumer protection in their territories . furthermore , many issues are regulated inconsistently between directives or have been left open . these issues have been addressed differently by the member states . as a result , the national provisions implementing directives on consumer contract law diverge significantly .


### the existing community legislation on consumer financial services contains numerous rules on consumer protection . for this reason the provisions of this directive cover contracts relating to financial services only insofar as this is necessary to fill the regulatory gaps . ### the existing union legislation on consumer financial services contains numerous rules on consumer protection . contracts related to the transfer of rights in immovable property or for the construction of immovable property , including the construction of annexes to immovable property , accommodation and transport services as well as healthcare and social services are subject to a number of specific requirements in national legislation . for these reasons such contracts should be excluded from the scope of chapter ii .


### the new definition of distance contract should cover all cases where sales and service contracts are concluded using exclusively one or more means of distance communication . this should create a level playing field for all distance traders . it should also improve legal certainty as compared to the current definition requiring the presence of an organised distance selling scheme run by the trader up to the conclusion of the contract . ### the new definition of distance contract should cover all cases where contracts concerning the provision of a good or supply of a service are concluded without the simultaneous physical presence of the parties and using exclusively one or more means of distance communication . this should create a level playing field for all distance businesses .