### the decision of the regulatory body on the appeal shall be binding . the regulatory body shall be able to enforce it by means of penalties which are effective , proportionate and dissuasive ### the decision of the regulatory body on the appeal shall be binding , subject to national law provisions regarding judicial review . the regulatory body shall be able to enforce it by means of penalties which are effective , proportionate and dissuasive


### decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based . ### decisions rejecting an application or granting authorisation with limitations shall state the reasons on which they are based and shall be informed by the analyses of the regulatory body .


### where the regulatory body carries out an economic analysis , it shall inform all interested parties of the results of that analysis and its conclusions within six weeks following receipt of all relevant information . the regulatory body may conclude that the authorisation is to be granted , is to be granted subject to conditions or is to be rejected . ### where the regulatory body carries out an analysis , it shall inform all interested parties of the results of that analysis and its conclusions within six weeks following receipt of all relevant information . the regulatory body may recommend that the authorisation is to be granted , is to be granted subject to conditions or is to be rejected .


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


### by [ please insert the date calculated 5 years after date of application of this regulation ] , the commission shall submit a report to the european parliament and the council on the application of this regulation . the report shall include information on the extent to which this regulation has contributed to a better functioning road passenger transport market . ### by [ please insert the date calculated 5 years after date of application of this regulation ] , the commission shall submit a report to the european parliament and the council on the application of this regulation . the report shall include information on the extent to which this regulation has contributed to a better functioning road passenger transport system , in particular for passengers , the bus and coach workforce and the environment .


### member states shall not impede the making available on the market of products which were placed on the market as fertilisers designated ' ec fertiliser ' in conformity with regulation no 2003 / 2003 before [ publications office , please insert the date of application of this regulation ] . however , chapter 5 shall apply mutatis mutandis to such products . ### member states shall not impede the making available on the market of products which were placed on the market as fertilisers designated ' ec fertiliser ' in conformity with regulation no 2003 / 2003 before [ publications office , please insert the date of application of this regulation ] . however , chapter 5 shall apply mutatis mutandis to such products . products that were placed on the market as plant protection products under regulation no 1107 / 2009 and that ceased to be plant protection products due to the change of the definition of plant protection products , may be placed on the market as plant protection products for a further period of three years starting from the date of entry into force of the regulation


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


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


### an inorganic soil improver shall be a soil improver other than an organic soil improver . ### inorganic soil improver shall be a soil improver other than an organic soil improver . a biodegradable mulch film shall be a biodegradable polymer film complying with the requirements of points 2a and 3 of cmc 10 in annex ii and intended to be placed on the soil in situ to protect its structure , suppress weed growth , reduce soil moisture loss , or prevent erosion .


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include close collaboration with eurofound on labour market analyses and seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### the authority should be either directly incorporated within an existing european agency , such as those established in the area of employment and social policy , or cooperate closely with other agencies of the union in order to ensure synergies are maximised and duplication is avoided in order to achieve financial savings : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation .


### the general objective of the programme ' neighbourhood , development and international cooperation instrument ' should be to uphold and promote the union ' s values and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union . ### the general objective of the programme &#8220 ; neighbourhood , development and international cooperation instrument&#8221 ; should be to promote sustainable development , contribute to the eradication of poverty and fight against inequalities such as those produced , inter alia , by exploitation of resources or land and water - grabbing , and to uphold the union ' s principles as laid down in article 3 , articles 8 and 21 of the treaty on european union .


### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , supporting trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . __________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 . ### the implementation of this regulation should be guided by the policy framework for union development cooperation as laid down in the treaty on the functioning of the european union , the 2030 agenda , the paris climate agreement , the european consensus on development , the action plan for human rights and democracy , the charter of fundamental rights of the european union , the european convention for the protection of human rights and fundamental freedoms and the convention on the rights of the child . it should also be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s principles in all its aspects , including contributing to the eradication of poverty , fighting inequalities in all its forms , in particular social inequalities , preserving peace , preventing conflicts , fighting root causes of forced displacement and assisting populations and countries and regions with enhanced migratory pressure and confronting natural or man - made disasters , supporting a fair , human rights compliant and gender - just trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote high social and environmental standards , constitutional democracy , international law and human rights . __________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 .


### in accordance with the global strategy and the sendai framework for disaster risk reduction as adopted on 18 march 201561 , recognition should be given to the need to move away from crisis response and containment to a more structural , long - term approach that more effectively addresses situations of fragility , natural and man - made disasters , and protracted crises . greater emphasis and collective approaches are required on risk reduction , prevention , mitigation and preparedness ; and further efforts are required to enhance swift response and a durable recovery . this regulation should therefore contribute to strengthening resilience and linking humanitarian aid and development action through rapid response actions . __________________ 61 ' sendai framework for disaster risk reduction ' , adopted on 18 march 2015 and endorsed by the united nations general assembly on 3 june 2015 . ### in accordance with the global strategy and the sendai framework for disaster risk reduction as adopted on 18 march 201561 , recognition should be given to the need to move away from crisis response and containment to a more structural , long - term approach that more effectively addresses situations of fragility , natural and man - made disasters , and protracted crises . greater emphasis and collective approaches are required on risk reduction , prevention , mitigation and preparedness ; and further efforts are required to enhance swift response and a human rights based durable recovery . this regulation should therefore contribute to strengthening resilience and linking humanitarian aid and development action through geographic and thematic programmes and rapid response actions . __________________ 61 ' sendai framework for disaster risk reduction ' , adopted on 18 march 2015 and endorsed by the united nations general assembly on 3 june 2015 .


### this regulation should reflect the need to focus on strategic priorities , both geographically – the european neighbourhood and africa , as well as countries that are fragile and most in need , but also thematically – security , migration , climate change and human rights . ### this regulation should reflect the need to focus on strategic priorities , both geographically – the european neighbourhood and africa , as well as least developed countries and other countries that are fragile and most in need but also thematically – achieving the sustainable development goals , fighting climate change and environmental degradation , fighting inequalities and contributing to protect human rights in union partner countries .


### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union ' s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . __________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , ' review of the european neighbourhood policy ' , 18 november 2015 . ### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union ' s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of forced displacement and assisting populations , countries and regions confronted with enhanced forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . this regulation should help to implement the sustainable development goals in the european neighbourhood policy and ensure policy coherence for sustainable development throughout its objectives . __________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , ' review of the european neighbourhood policy ' , 18 november 2015 .


### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive economic progress , the creation of decent jobs and economic opportunities for women and young people , skills and entrepreneurship , by supporting micro , small and medium - sized enterprises and cooperatives as well as addressing climate change through mitigation and adaptation , environmental degradation , land and water - grabbing , and specific socioeconomic root causes of forced displacement in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### external actions are often implemented in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of union partners and to global challenges to human rights , democracy and good governance , security and stability , climate change and environment , oceans , and the migration crisis and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the eu to respond to unforeseen needs , building on the successful experience of the european development fund , an amount should be left unallocated as an emerging challenges and priorities cushion . it should be mobilised in accordance with the procedures established in this regulation . ### external actions are often implemented in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of union partners and to global challenges to human rights , democracy and good governance , security and stability , climate change and environment , oceans , and the impact of the increased numbers affected by global displacement . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the eu to respond to unforeseen needs , building on the successful experience of the european development fund , an amount should be left unallocated as an emerging challenges and needs envelope . it should be mobilised in accordance with the procedures established in this regulation .


### annual or multi - annual action plans and measures referred to in article 19 constitute work programmes under the financial regulation . annual or multi - annual action plans consist of a set of measures grouped into one document . ### annual or multi - annual action plans and measures referred to in article 19 constitute work programmes under the financial regulation . annual or multi - annual action plans consist of a set of measures specifying the objectives pursued , the expected results and main activities , the methods and partners of implementation , the budget and any associated support expenditures , grouped into one document .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 201678 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the programme on the ground . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 78 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 201678 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements should include measurable indicators , as a basis for evaluating the effects of the programme on the ground . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including of relevant stakeholders and experts , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 78 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ; ### to consolidate and support democracy , human rights and social equality , support civil society organisations , further stability based on peace and address other global challenges , such as climate disasters .


### contribute to stability and conflict prevention in situations of urgency , emerging crisis , crisis and post - crisis ; ### contribute to conflict prevention in situations of urgency , emerging crisis , crisis and post - crisis , in accordance with the european convention for the protection of human rights and fundamental freedoms and tackling the root causes of crisis , such as desertification , exploitation of natural resources and land and water - grabbing .


### the association agreements , partnership and cooperation agreements , multilateral agreements , and other agreements that establish a legally binding relationship with partner countries , as well as , european council conclusions and council conclusions , summit declarations or conclusions of high - level meetings with partner countries , relevant european parliament resolutions , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . ### the european consensus on development , the action plan for human rights and democracy , the charter of fundamental rights , the european convention for the protection of human rights and fundamental freedoms , the convention on the rights of the child and association agreements , partnership and cooperation agreements , multilateral agreements , and other agreements that establish a legally binding relationship with partner countries provided such association , partnership , cooperation , mulilateral and other agreements do not link development aid , security needs and migration management , , as well as , european council conclusions and council conclusions , summit declarations or conclusions of high - level meetings with partner countries , relevant european parliament resolutions , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation


### a more coordinated , holistic and structured approach to migration shall be pursued with partners and its effectiveness be regularly assessed . ### a more coordinated , holistic and structured approach to migration shall be pursued with partners and its effectiveness be regularly assessed , without conditioning development aid to migration management by third countries and respecting human rights , including the fundamental rights of every individual to leaving its country of origin .


### capacity building of military actors in support of development and security for development ### use of eu funding for capacity - building of military actors


### training which is designed to contribute specifically to the fighting capacity of the armed forces . ### training which is designed to contribute to the fighting capacity of any armed forces


### the union shall also consult other donors and actors , including representatives of civil society and local authorities , where relevant ; ### the union shall also consult other donors and actors , including representatives of civil society and local authorities ;


### emerging challenges and priorities cushion ### emerging challenges and emergency needs


### indicatively 10 % of the financial envelope set out in article 4 to supplement the country financial allocations referred to in article 12 shall be allocated to partner countries listed in annex i in order to implement the performance - based approach . the performance - based allocations shall be decided on the basis of their progress towards democracy , human rights , rule of law , cooperation on migration , economic governance and reforms . the progress of partner countries shall be assessed annually . ### indicatively 10 % of the financial envelope set out in article 4 to supplement the country financial allocations referred to in article 12 shall be allocated to partner countries listed in annex i in order to implement the performance - based approach . the performance - based allocations shall be decided on the basis of their progress towards human rights , rule of law and good governance . the progress of partner countries shall be assessed annually with the active involvement of civil society .


### the performance - based approach shall not apply to support to civil society , people - to - people contacts , including cooperation between local authorities , support for the improvement of human rights , or crisis - related support measures . in the event of serious or persistent degradation of democracy , human rights or rule of law , support to these actions may be increased . ### the performance - based approach shall not apply to support to civil society organizations , ngos , people - to - people contacts , support for the improvement of human rights , or crisis - related support measures . in the event of serious or persistent degradation of human rights , support to these actions shall be increased .


### cross - border cooperation , as defined in article 2 , shall cover cooperation on adjacent land borders , transnational cooperation over larger transnational territories , maritime cooperation around sea - basins , as well as interregional cooperation . ### in full respect of international human rights law instruments , including inter alia&#160 ; the protocol to the treaty establishing the african economic community relating to free movement of persons , right of residence and right of establishment and the geneva convention relating to the status of refugees , cross - border cooperation , as defined in article 2 , shall cover cooperation on adjacent land borders , transnational cooperation over larger transnational territories , maritime cooperation around sea - basins , as well as interregional cooperation . cross - border cooperation shall not be implemented to support migration control . the commission shall also provide the possibility of directly receiving complaints by eligible counterparts . the commission shall take that information into account in view of future cooperation with those counterparts .


### when support expenditure is not included in the action plans or measures referred to in article 21 , the commission shall adopt , where applicable , support measures . union financing under support measures may cover : ### when support expenditure is not included in the action plans or measures referred to in article 21 , the commission shall adopt , where applicable , support measures . union financing under support measures , with the exclusion of any military nature , may cover :


### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive economic development , the creation of decent jobs and economic opportunities , in particular for women and young people , skills and entrepreneurship , with a focus on social enterprises and cooperatives in view of their potential to reduce poverty and inequalities , supporting micro , small and medium - sized enterprises as well as addressing climate change through mitigation and adaptation and specific socioeconomic and environmental root causes of unsafe migration and forced mass - displacement . special attention shall be given to countries identified as experiencing fragility , conflict and wars , least developed countries and heavily indebted poor countries . the efsd + guarantee shall not be used to replace government responsibility for providing essential public services which remains a government responsibility .


### all external action guarantee agreements shall , upon request , be made available to the european parliament and to the council , taking into account the protection of confidential and commercially sensitive information . ### all external action guarantee agreements shall be made available to the european parliament and to the council .


### detailed rules on the provision of the external action guarantee , including its arrangements on the coverage and its defined coverage of portfolios and of projects of specific types of instruments , as well as a risk analysis of projects and project portfolios , including at sectoral , regional and national levels ; ### detailed rules on the provision of the external action guarantee , including its arrangements on the coverage and its defined coverage of portfolios and of projects of specific types of instruments , as well as a risk analysis of projects and project portfolios , focusing in particular on risks concerning the respect for human rights , including at sectoral , regional and national levels ;


### monitoring , reporting and evaluation obligations ; ### transparent monitoring , reporting and evaluation obligations ;


### the commission shall report on financial instruments , budgetary guarantees , financial assistance in accordance with article 241 and 250 of the financial regulation . to this purpose , the eligible counterparts shall provide annually the information necessary to allow the commission to comply with the reporting obligations . ### the commission shall submit an annual report to the european parliament and to the council on the financing and investment operations covered by the efsd + guarantee , and the functioning of the efsd + , its management and its effective contribution to its objectives . that report shall be made public and be accompanied by an opinion of the court of auditors .


### where appropriate evaluations shall make use of the good practise principles of the development assistance committee of the organisation for economic cooperation and development , seeking to ascertain whether the objectives have been met and to formulate recommendations with a view to improving future actions . ### evaluations shall make use of the good practise principles of the development assistance committee of the organisation for economic cooperation and development , seeking to ascertain whether the objectives have been met and to formulate recommendations with a view to improving future actions .


### at the end of the implementation of the regulation , but no later than four years after the end of the period specified in article 1 , a final evaluation of the regulation shall be carried out by the commission . this evaluation shall look at the union contribution to the achievement of the objectives of this regulation , taking into account indicators measuring the results delivered and any findings and conclusions concerning the impact of this regulation . ### at the end of the implementation of the regulation , but no later than eighteen months after the end of the period specified in article 1 , a final evaluation of the regulation shall be carried out by the commission . this evaluation shall look at the union contribution to the achievement of the objectives of this regulation , taking into account indicators measuring the results delivered and any findings and conclusions concerning the impact of this regulation .


### the commission shall , to an appropriate extent , associate all relevant stakeholders in the evaluation process of the union ' s funding provided under this regulation , and may , where appropriate , seek to undertake joint evaluations with the member states and development partners with close involvement of the partner countries . ### the commission shall associate all relevant stakeholders and beneficiaries , including civil society organisations ; particular attention shall be given to ensure that the most marginalised and vulnerable are represented in the evaluation process of the union ' s funding provided under this regulation , and may , where appropriate , seek to undertake joint evaluations with the member states and development partners with close involvement of the partner countries .


### strengthening partnerships on migration and mobility based on an integrated and balanced approach , covering all aspects of migration including assistance in implementing union bilateral or regional agreements and arrangements , including , mobility partnerships ; ### developing visa facilitation and resettlement agreements


### addressing and mitigating root causes of irregular migration and forced displacement ; ### addressing and mitigating root causes of forced displacement ;


### supporting effective and human rights based migration policies including protection programmes ; ### supporting human rights based migration policies including protection programmes ;


### promoting enhanced political cooperation ; ### promoting enhanced human rights political cooperation ;


### enhancing regional cooperation , in particular in the framework of the eastern partnership , the union for the mediterranean , and european neighbourhood - wide collaboration as well as cross - border cooperation ; ### enhancing regional cooperation , in particular in the framework of the eastern partnership , the union for the mediterranean , and european neighbourhood - wide collaboration as well as cross - border cooperation in line with the european convention for the protection of human rights and fundamental freedoms ;


### ensure continued eu leadership in shaping the global agenda on migration and forced displacement governance in all its dimensions ; ### ensure eu leadership in shaping the global agenda on forced displacement in line with the united nations global compact and in accordance with article 3 of the european convention for the protection of human right and fundamental freedoms ;


### steering and supporting global and cross - regional policy dialogues , including exchange and cooperation on migration and forced displacement ; ### steering and supporting global and cross - regional policy dialogues , including human rights based cooperation on forced displacement ;


### supporting the implementation of international and eu commitments on migration and forced displacement , including as a follow - up to the global compact on migration and the global compact on refugees ; ### supporting the implementation of international and eu commitments on migration and forced displacement , including follow - up to the global compact on migration and the global compact on refugees , and in accordance with article 3 of the european convention for the protection of human right and fundamental freedoms ;


### improving the global evidence base , including on the migration / development nexus , and initiate actions of pilot character aiming at developing innovative operational approaches in the area of migration and forced displacement . ### improving the global evidence base , including on the migration / development nexus , and initiate actions of pilot character aiming at developing innovative human rights based approaches in the area of forced displacement .


### contribute by promoting sustainable development , to addressing specific root causes of irregular migration , as well as fostering the resilience of transit and host communities , and contributing to the sustainable reintegration of migrants returning to their countries of origin , with due regard to the strengthening of the rule of law , good governance and human rights . ### contribute by promoting sustainable development , to addressing specific root causes of forced displacement , as well as fostering the resilience of transit and host communities , and contributing to the sustainable reintegration of migrants returning to their countries of origin , with due regard to the strengthening of the rule of law , good governance and human rights .


### the modalities of the cooperation on coastguard functions of the agency with the european border and coast guard agency and the european fisheries control agency shall be determined in a working arrangement , in accordance with the financial rules applicable to the agencies . ### the modalities , conditions and limits of the cooperation on coastguard functions of the agency with the european border and coast guard agency and the european fisheries control agency shall be determined by the commission and submitted to the european parliament and the council for approval . the financial rules generally applicable to union agencies shall apply to the agency .


### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . ### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global measure from 2021 to offset international aviation emissions above 2020 levels , it isn ' t appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . as a result , the amount of allowances to be issued for free , including the special reserve , should be reduced .


### the commission shall report to the european parliament and the council on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . ### the commission shall report to the european parliament and the council on the relevant icao standards and recommended practices , icao council approved recommendations relevant to the global measure or other legal instruments as well as on domestic measures taken by third countries to implement the global measure to be applied to emissions from 2021 , and on other relevant international developments . this reporting shall be done by 1 january 2018 , 1 january 2019 and regularly afterwards in accordance with the icao ' s standards - making procedures .


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


### the compliance with requirements on the maritime safety or the safety and security of the port or access to it , its installations , equipment and persons ; ### the compliance with requirements on the maritime safety or the safety and security of the port or access to it , its installations , equipment , workers and persons ;


### when a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls , the member state may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port . if the member state does not entrust the adoption of the decision limiting the number of providers of port services to such an authority , the number of providers shall not be less than two . ### when a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls , the member state may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port . if the member state does not entrust the adoption of the decision limiting the number of providers of port services to such an authority , the number of providers shall not be less than two except if any of the reasons laid down in paragraph 1 justifies a single provider .


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to national and union law including collective agreements between social partners , at european , national , regional or local level , the member states shall require the designated provider of port services , in the case where this provider is different from the incumbent provider of port services and where the incumbent provider ceases its commercial operations , to respect the rights in terms of information and consultation of workers and to grant staff previously taken on by the incumbent provider of port services , irrespective of whether they perform their tasks on board vessels or on land for the services in question , the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### where managing bodies of the port require providers of port services to comply with certain social standards as regards the provision of relevant port services , tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services . ### managing bodies of the port require all providers of port services to comply with all social and labour standards as set out in union or national law including applicable collective agreements . to this end , tender documents and port service contracts shall list the staff concerned and give transparent details of their contractual rights and the conditions under which employees are deemed to be linked to the port services .


### the managing body of the port shall regularly consult stakeholders such as undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators and public administrations operating in the port area on the following : ### the managing body of the port shall regularly consult stakeholders such as trade unions , the local community , environmental organisations , the local business community , undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators and public administrations operating in the port area on the following :


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


### the european energy union should cover five key dimensions : energy security ; the internal energy market ; energy efficiency ; decarbonisation ; and research , innovation and competitiveness . ### the european energy union should cover six key dimensions : energy security ; the internal energy market ; energy efficiency , decarbonisation ; research , innovation and competitiveness and reduced energy consumption .


### the european energy union should cover five key dimensions : energy security ; the internal energy market ; energy efficiency ; decarbonisation ; and research , innovation and competitiveness . ### the european energy union should cover five key dimensions : energy security and affordability to consumers ; the internal energy market ; energy efficiency ; decarbonisation ; and research , innovation and competitiveness .


### the goal of a resilient energy union with an ambitious climate policy at its core is to give union consumers , both households and businesses , secure , sustainable , competitive and affordable energy , which requires a fundamental transformation of europe ' s energy system . that objective can only be achieved through coordinated action , combining both legislative and non - legislative acts at union and national level . ### the goal of a resilient energy union with an ambitious climate policy at its core is to give union consumers , both households and businesses , secure , sustainable and affordable energy , which requires a fundamental transformation of europe ' s energy system . that objective can only be achieved through recognition that energy is a public social good .


### the goal of a resilient energy union with an ambitious climate policy at its core is to give union consumers , both households and businesses , secure , sustainable , competitive and affordable energy , which requires a fundamental transformation of europe ' s energy system . that objective can only be achieved through coordinated action , combining both legislative and non - legislative acts at union and national level . ### the goal of a resilient energy union with an ambitious climate policy at its core is to give union consumers , both households and businesses , secure , sustainable , competitive and affordable energy , which requires a fundamental transformation of europe ' s energy system . that objective can be best achieved by promoting localized solutions suitable to emerging technologies in the renewable sector which will have the twin benefits of respecting the proximity principle and ensuring local control of energy supply . this can be achieved through coordinated action , combining both legislative and non - legislative acts at union and national level .


### the european council agreed on 24 october 2014 on the 2030 framework for energy and climate for the union based on four key targets : at least 40% cut in economy wide greenhouse gas emissions , at least 27% improvement in energy efficiency with a view to a level of 30% , at least 27% for the share of renewable energy consumed in the union , and at least 15% for electricity interconnection . it specified that the target for renewable energy is binding at union level and that it will be fulfilled through member states’ contributions guided by the need to deliver collectively the union target . ### the european council agreed on 24 october 2014 on the 2030 framework for energy and climate for the union based on four key targets : at least 40% cut in economy wide greenhouse gas emissions , at least 27% improvement in energy efficiency with a view to a level of 30% , at least 27% for the share of renewable energy consumed in the union , and at least 15% for electricity interconnection . it specified that the target for renewable energy is binding at union level and that it will be fulfilled through member states’ contributions guided by the need to deliver collectively the union target . another new key objective will be a 20% reduction in energy consumption by 2030 .


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


### the european council also concluded on 24 october 201414that a reliable and transparent governance system , without any unnecessary administrative burden , should be developed to help ensure that the union meets its energy policy goals , with the necessary flexibility for member states and fully respecting their freedom to determine their energy mix . it emphasized that such governance system should build on existing building blocks , such as national climate programmes , national plans for renewable energy and energy efficiency as well as the need to streamline and bring together separate planning and reporting strands . it also agreed to step up the role and rights of consumers , transparency and predictability for investors , inter alia by systematic monitoring of key indicators for an affordable , safe , competitive , secure and sustainable energy system and to facilitate coordination of national energy policies and foster regional cooperation between member states . _________________ 14 conclusions of the european council 23 - 24 october 2014 . ### the european council also concluded on 24 october14 that a reliable and transparent governance system , without any unnecessary administrative burden , should be developed to help ensure that the union meets its energy policy goals , with the necessary flexibility for member states and fully respecting their freedom to determine their energy mix , guaranteeing that renewables would account for 30% of its domestic consumption . it emphasized that such governance system should build on existing building blocks , such as national climate programmes , national plans for renewable energy and energy efficiency as well as the need to streamline and bring together separate planning and reporting strands . it also agreed to step up the role and rights of consumers , transparency and predictability for investors , inter alia by systematic monitoring of key indicators for an affordable , safe , competitive , secure and sustainable energy system and to facilitate coordination of national energy policies and foster regional cooperation between member states .


### the achievement of the energy union objectives should be ensured through a combination of union initiatives and coherent national policies set out in integrated national energy and climate plans . sectorial union legislation in the energy and climate fields sets out planning requirements , which have been useful tools to drive change at the national level . their introduction at different moments in time has led to overlaps and insufficient consideration of synergies and interactions between policy areas . current separate planning , reporting and monitoring in the climate and energy fields should therefore as far as possible be streamlined and integrated . ### the achievement of the energy union objectives should be ensured through a combination of union initiatives and coherent national policies . existing planning , reporting and monitoring in the climate and energy fields should be simplified and streamlined .


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


### to help ensure coherence between national and union policies and objectives of the energy union , there should be an on - going dialogue between the commission and the member states . as appropriate , the commission should issue recommendations to member states including on the level of ambition of the draft national plans , on the subsequent implementation of policies and measures of the notified national plans , and on other national policies and measures of relevance for the implementation of the energy union . member states should take utmost account of such recommendations and explain in subsequent progress reports how they have been implemented . ### to help ensure coherence between national and union policies and objectives of the energy union , there should be an on - going dialogue between the commission and the member states . while recognizing the competence of the member states in this area , the commission may issue recommendations to member states including on the level of ambition of the draft national plans , on the subsequent implementation of policies and measures of the notified national plans , and on other national policies and measures of relevance for the implementation of the energy union . member states should take utmost account of such recommendations and explain in subsequent progress reports how they have been implemented .


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


### energy security , ### energy security and affordability to consumers ;


### measures promoting the use of energy from biomass , especially for new biomass mobilisation taking into account biomass availability and other biomass uses , as well as measures for the sustainability of biomass produced and used ; ### measures promoting the use of energy from biomass , especially for new biomass mobilisation taking into account biomass availability , excluding biomass imports from third countries , and other biomass uses , as well as measures for the sustainability of biomass produced and used ;


### in the communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its eu added value , its long - term impact and the sustainability of its actions . ### contrary to standard procedure , a separate impact assessment of the programme was not carried out . this can be partly explained by the fact that in 2017 the commission carried out a mid - term evaluation of the programme , supported by an independent report1a . although the report is generally positive about the programme , it expresses concerns about the limited number of competent authorities participating in the activities of the programme and the quality of the key performance indicators used for measuring the results of the programme . in its communication to the european parliament and to the council on the mid - term evaluation of the programme , the commission came to the conclusion that the continuation of the programme beyond 2020 should be supported , given its union added value , its long - term impact and the sustainability of its actions . __________________ 1aswd444 final and ares3289297 ' 30 / 06 / 2017


### to prevent and combat counterfeiting and related fraud , thus enhancing the competitiveness of the union’s economy and securing the sustainability of public finances . ### to protect euro banknotes and coins against counterfeiting and related fraud , thus enhancing the trust , which citizens , businesses and public authorities have in the genuineness of euro banknotes and coins .


### the financial envelope for the implementation of the programme for the period from 1 january 2021 to 31 december 2027 shall be eur 7 700 000 . ### the financial envelope for the implementation of the programme for the period from 1 january 2021 to 31 december 2027 shall be eur 7 700 000 1a . __________________ 1aindicative amount only , depending on overall mff .


### the programme shall be implemented by the commission in cooperation with the member states , through regular consultations at different stages of the implementation of the programme , taking into account relevant measures undertaken by other competent entities , in particular the european central bank and europol . ### the programme shall be implemented by the commission in cooperation with the member states , through regular consultations at different stages of the implementation of the programme , while avoiding overlap with relevant measures undertaken by other competent entities , in particular the ecb and europol . to this effect , when preparing the work programmes to be funded under the programme , the commission shall closely involve the ecb and europol , thus developing an aligned strategy against euro counterfeiting and fraud .


### the programme shall be implemented by work programmes as referred to in article 110 of financial regulation . ### the programme shall be implemented by work programmes as referred to in article 110 of financial regulation . to this effect , the commission shall organise advanced consultations with all relevant stakeholders , in particular with competent authorities , the ecb and europol .


### the programme will be monitored closely on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the programme have been achieved and with a view to minimising administrative burdens and costs . to that end , data will be collected as regards the following set of key indicators : ### the programme will be monitored closely on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the programme have been achieved . to that end , data will be collected as regards the following set of key indicators :


### feedback received from participants in the actions financed by the programme . ### awareness among relevant stakeholders , including those listed in article 5 of this regulation , of the activities of the programme .


### the data and information for the key performance indicators shall be collected annually by the following actors : ### the data and information for the key performance indicators shall be collected annually by the commission , after close consultation with the competent national authorities of the member states , the ecb , europol and other relevant stakeholders .


### in its communication to the european parliament and to the council on better regulation for better results – an eu agenda31 , the commission stressed that when considering policy solutions , it will consider both regulatory and well - designed non - regulatory means , modelled on the community of practice and the principles for better self - and co - regulation32 . a number of codes set up in the areas coordinated by the directive have proved to be well designed , in line with the principles for better self - and co - regulation . the existence of a legislative backstop has been considered an important success factor in promoting compliance with a self - or co - regulatory code . it is equally important that the codes establish specific targets and objectives allowing for the regular , transparent and independent monitoring and evaluation of the objectives aimed by the codes . graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme . these principles should be followed by the self - and co - regulatory codes adopted in the areas coordinated by this directive . __________________ 32 https : / / ec . europa . eu / digital - single - market / communities / better - self - and - co - regulation 31 com 215 final ### in its communication to the european parliament and to the council on better regulation for better results – an eu agenda31 , the commission stressed that when considering policy solutions , it will consider both regulatory and well - designed non - regulatory means . these principles should be followed by co - regulatory codes adopted in the areas coordinated by this directive . __________________ 31 com 215 final


### in order to remove barriers to the free circulation of cross - border services within the union , it is necessary to ensure the effectiveness of self - and co - regulatory measures aiming , in particular , at protecting consumers or public health . when well enforced and monitored , codes of conduct at union level might be a good means of ensuring a more coherent and effective approach . ### in order to remove barriers to the free circulation of cross - border services within the union , it is necessary to ensure the effectiveness of co - regulatory measures aiming , in particular , at protecting consumers or public health . when well enforced and monitored , codes of conduct at union level might be a good means of ensuring a more coherent and effective approach .


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


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


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve the audiovisual media service providers such as video - sharing platform providers when implementing measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear , consistent and harmonised approach in this regard across the union , member states should be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred . it should remain possible for member states to take such stricter measures where that content is illegal , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha .


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga and the contact committee have made a positive contribution towards consistent regulatory practice and have provided high level advice to the commission and to the member states on implementation matters . this calls for the formal recognition of erga and reinforcement of its role by virtue of this directive .


### the commission and erga shall encourage the exchange of best practices on self - and co - regulatory systems across the union . if considered appropriate , the commission shall facilitate the development of union codes of conduct . ### the commission and erga shall encourage the exchange of best practices on regulatory and co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct .


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


### by [ date – no later than four years after adoption ] at the latest , and every three years thereafter , the commission shall submit to the european parliament , to the council and to the european economic and social committee a report on the application of this directive . ### by [ date – no later than three years after adoption ] at the latest , and every three years thereafter , the commission shall submit to the european parliament , to the council and to the european economic and social committee a report on the application of this directive .


### the 2 140 customs offices17 that are present over the external borders of the european union need to be properly equipped to ensure the operation of the customs union . the need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting union ' s external borders in order to ensure both safety and security . however , at the same time , those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries . _________________ 17 annex of the annual 2016 report of the customs union performance available on : https : / / ec . europa . eu / info / publications / annual - activity - report - 2016 - taxation - and - customs - union_en . ### all customs offices17 that are present over the external borders of the european union need to be properly equipped to ensure smooth and effective&#160 ; operation of the customs union . the need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting union ' s external borders in order to ensure safety , security and protection of the financial interests of the union . however , at the same time , those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries . _________________ 17 annex of the annual 2016 report of the customs union performance available on : https : / / ec . europa . eu / info / publications / annual - activity - report - 2016 - taxation - and - customs - union_en .


### in order to respond appropriately to evolving policy priorities , threats and technologies , 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 in respect of amending the customs control purposes for actions eligible under the instrument and the list of indicators to measure the achievement of the specific objectives . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to respond appropriately to evolving policy priorities , threats and technologies , 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 in respect of amending the customs control purposes for actions eligible under the instrument and the list of indicators to measure the achievement of the specific objectives . it is of particular importance that the commission carries out appropriate and fully transparent consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### the instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase , maintenance and upgrade of relevant , state - of - the - art and reliable customs control equipment . ### the instrument has the specific objective of contributing to adequate and equivalent customs controls through the fully transparent purchase , maintenance and upgrade of relevant , state - of - the - art , secure , cyber - resilient , safe , environmental - friendly and reliable customs control equipment , to include technical training of the personal to operate with this equipment .


### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the instrument and evaluating the achievement of its objectives . it may moreover cover expenses relating to the studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the instrument , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the instrument . ### the amount referred to in paragraph 1 may also cover legitimate and verified expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the instrument and evaluating its performance and the achievement of its objectives . it may moreover cover likewise legitimate and verified expenses relating to the studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the instrument , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the instrument .


### by way of derogation from paragraph 1 , in duly justified cases , the actions may also cover the purchase , maintenance and upgrade of customs controls equipment for testing new pieces or new functionalities in operational conditions . ### by way of derogation from paragraph 1 , in duly justified cases , the actions may also cover the fully transparent purchase , maintenance and upgrade of customs controls equipment for testing new pieces or new functionalities in operational conditions .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge within reason the origin and ensure maximum visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public , though the spend on this funding acknowledgement should be in proportion to the overall cost .


### the directive 2017 / 1132 of the european parliament and of the council41regulates cross - border mergers of limited liability companies . these rules represent a significant milestone in improving the functioning of the single market for companies and firms and to exercise the freedom of establishment . however , evaluation of these rules shows that there is a need for modifications in cross - border merger rules . furthermore , it is appropriate to provide for rules regulating cross - border conversions and divisions . _________________ 41 directive 2017 / 1132 of the european parliament and of the council of 14 june 2017 relating to certain aspects of company law . ### the directive 2017 / 1132 of the european parliament and of the council41 regulates cross - border mergers of limited liability companies . these rules represent a significant milestone in improving the functioning of the single market for companies and firms and to exercise the freedom of establishment and , at the same time , offer appropriate and adequate protection to the parties concerned , such as workers , creditors and minority shareholders . however , evaluation of these rules shows that there is a need for modifications in cross - border merger rules . furthermore , it is appropriate to provide for rules regulating cross - border conversions . _________________ 41 directive 2017 / 1132 of the european parliament and of the council of 14 june 2017 relating to certain aspects of company law .


### it is appropriate therefore to provide procedural and substantive rules on cross - border conversions which would contribute to the abolition of restrictions on freedom of establishment and provide at the same time adequate and proportionate protection for stakeholders such as employees , creditors and minority shareholders . ### it is appropriate therefore to provide procedural and substantive rules on cross - border conversions which would simplify freedom of establishment and at the same time provide strong protection for stakeholders such as employees , creditors and minority shareholders .


### to allow all stakeholders ' legitimate interests to be taken into account in the procedure governing a cross - border conversion , the company should disclose the draft terms of the cross - border conversion containing the most important information about the proposed cross - border conversion , including the envisaged new company form , the instrument of constitution and the proposed timetable for the conversion . members , creditors and employees of the company carrying out the cross - border conversion should be notified in order that they can submit comments with regard to the proposed conversion . ### to allow all stakeholders ' legitimate interests to be taken into account in the procedure governing a cross - border conversion , the company should disclose the draft terms of the cross - border conversion containing the most important information about the proposed cross - border conversion , including the envisaged new company form , the instrument of constitution and the proposed timetable for the conversion . members , creditors , trade unions and employees of the company carrying out the cross - border conversion should be notified in order that they can submit comments with regard to the proposed conversion .


### in order to assess the accuracy of the information contained in the draft terms of conversion and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed conversion constitutes an artificial arrangement , an independent expert report should be required to be prepared in order to assess the proposed cross - border conversion . in order to secure the independence of the expert , the expert should be appointed by the competent authority , following an application by the company . in this context , the expert report should present all relevant information to enable the competent authority in the departure member state to take an informed decision as to whether or not to issue the pre - conversion certificate . to this end , the expert should be able to obtain all the relevant company information and documents and carry out all necessary investigations in order to gather all the evidence required . the expert should use information , in particular net turnover and profit or loss , number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with union law and the law of member states . however , in order to protect any confidential information , including business secrets of the company , such information should not form part of the expert’s final report which itself would be publically available . ### in order to assess the accuracy of the information contained in the draft terms of conversion and merger and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed conversion constitutes an artificial arrangement , an independent expert report should be required to be prepared in order to assess the proposed cross - border conversion and merger . in order to guarantee the independence of the expert , the expert should be appointed jointly by the competent authority , at the request of the company and , if available , by the competent body of the organisation representing the company’s employees . in this context , the expert report should present all relevant information to enable the competent authority in the departure member state to take an informed decision as to whether or not to issue the pre - conversion certificate . to this end , the expert should be able to obtain all the relevant company information and documents and carry out all necessary investigations in order to gather all the evidence required . he or she should also be required to receive and consider comments and opinions from financial authorities , social insurance bodies , the representatives of the employees of the company , or , where there are no such representatives , from the employees themselves and also from the creditors and members of the company . the expert should use information , in particular net turnover and profit or loss , number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with union law and the law of member states . however , in order to protect any confidential information , including business secrets of the company , the critical parts of such information should be redacted before being made publicly available as part of the final report .


### on the basis of the draft terms of conversion and the reports , the general meeting of the members of the company should decide on whether or not to approve those draft terms . it is important that the majority requirement for such a vote should be sufficiently high in order to ensure that the decision to convert is a collective one . in addition , members should also have the right to vote on any arrangements concerning employee participation , if they have reserved that right during the general meeting . ### the general meeting of the members and the plenary meeting of the workers ' council shall be responsible for approving those draft terms . it is important that the majority requirement for such a vote should be sufficiently high in order to ensure that the decision to convert is a collective one . in addition , members should also have the right to vote on any arrangements concerning employee participation , if they have reserved that right during the general meeting .


### the evaluation of the implementation of the cross - border merger rules in member states has shown that the number of cross - border mergers in the union has significantly increased . however , this evaluation has also revealed certain shortcomings in relation specifically to creditor protection and shareholder protection as well as to the lack of simplified procedures which impede the full effectiveness and efficiency of those cross - border merger rules . ### the evaluation of the implementation of the cross - border merger rules in member states has shown that the number of cross - border mergers in the union has significantly increased . however , this evaluation has also revealed certain shortcomings in relation specifically to creditor protection , protection of employees and shareholder protection as well as to the lack of simplified procedures which impede the full effectiveness and efficiency of those cross - border merger rules .


### the provisions of this directive do not affect the legal or administrative provisions , including the enforcement of tax rules in cross - border conversions , mergers and divisions , of national law relating to the taxes of member states , or its territorial and administrative subdivisions . ### the provisions of this directive do not affect the legal or administrative provisions , including the enforcement of tax rules in cross - border conversions and mergers , of national law relating to the taxes of member states , or their territorial or administrative subdivisions .


### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to the representatives of the employees of the company carrying out the cross - border conversion or , where there are no such representatives , to the employees themselves not less than two months before the date of the general meeting referred to in article 86i . that report shall also be made similarly available to the members of the company carrying out the cross - border conversion . ### the report referred to in paragraph 1 of this article , shall be made available , at least electronically , to the trade unions and the representatives of the employees of the company carrying out the cross - border conversion or , where there are no such representatives , to the employees themselves not less than two months before the date of the general meeting referred to in article 86i . that report shall also be made similarly available to the members of the company carrying out the cross - border conversion .