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


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


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


### in the event that the dispute arises between parties established in different member states , the independent supervisory body of the member state of the port where the dispute is presumed to have its origin shall have competence to solve the dispute . ### in the event that the dispute arises between parties established in different member states , the member state of the port where the dispute is presumed to have its origin shall have competence to solve the dispute . the member states concerned shall cooperate with each other and exchange information concerning their work .


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


### member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by 1 july 2015 at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by . . . * and shall notify it without delay of any subsequent amendment affecting them . __________________ * oj : please insert the date : 24 months after the entry into force of this regulation .


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


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


### no later than three years after the entry into force of this regulation , the commission shall present a report to the european parliament and the council on the functioning and effect of this regulation , accompanied , if appropriate , by relevant proposals . ### no later than two years after this regulation takes effect , the commission shall present a report to the european parliament and the council on the functioning and effect of this regulation , accompanied , if appropriate , by relevant proposals . the report of the commission shall take into account any progress achieved by the eu - level sectoral social dialogue committee for ports .


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


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


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


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


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


### ‘ waterway access to a port’ means water access to the port from the open sea , such as port approaches , fairways , rivers , sea canals and fjords . ### ‘ waterway access to a port’ means water access to the port from the open sea , such as port approaches , fairways , rivers , sea canals and fjords , if such a waterway falls within the legal competence of the managing body of the port or a competent authority .


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


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


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


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


### the managing body of the port shall make available to the commission and the competent independent supervisory body , upon request , any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this regulation . the information shall be transmitted within two months from the date of the request . ### the managing body of the port shall , in the event of a formal complaint and upon request , make available to the commission and to the body designated pursuant to article 17 , any additional information that they deem necessary in order to complete a thorough appraisal of the data submitted and to assess compliance with this regulation . the information shall be transmitted within two months from the date of the request .


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


### where the managing body of the port that receives public funds provides port services itself , it shall keep the accounts of each port service activity separate from the accounts of its other activities , in such a way that : ### where the managing body of the port that receives public funds provides port services itself and receives public funds for those port services , it shall keep two separate accounts , one for the port service activities for which it receives public funding and another for its other activities , in such a way that :


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


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


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


### member states shall notify to the commission the identity of the independent supervisory bodies by 1 july 2015 at the latest and subsequently any modification thereof . the commission shall publish and update the list of the independent supervisory bodies on its website . ### member states shall notify to the commission mechanisms and procedures put in place to comply with paragraphs 1 and 2 of this article by . . . * and shall notify it without delay of any subsequent modification thereof . the commission shall publish and update the list of the relevant bodies on its website . __________________ * oj : please insert the date : 24 months after the entry into force of this regulation .


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


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


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


### ‘ port infrastructure charge ' means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port , including the waterways giving access to those ports , as well as access to the processing of passengers and cargo ; ### ‘ port infrastructure charge ' means a fee collected for the direct or indirect benefit of the managing body of the port and paid by the operators of waterborne vessels or cargo owners for the use of facilities and services that allow vessels entry and exit in and out of the port , including the waterways giving access to the port , if such waterways fall within the legal competence of the managing body of the port , as well as access to the processing of passengers and cargo ;


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


### member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by 1 july 2015 at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by . . . * and shall notify it without delay of any subsequent amendment affecting them . __________________ * oj : please insert the date : 24 months after the entry into force of this regulation .


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


### no later than three years after the entry into force of this regulation , the commission shall present a report to the european parliament and the council on the functioning and effect of this regulation , accompanied , if appropriate , by relevant proposals . ### for the purpose of evaluating the functioning and effect of this regulation , periodic reports shall be presented to the european parliament and the council . no later than four years after the entry into force of this regulation , the commission shall present a first report and periodic reports every three years thereafter accompanied , if appropriate , by relevant proposals . the reports of the commission shall take into account any progress achieved by the eu - level sectoral social dialogue committee for ports .


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


### market access ### organisation of port services


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


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


### any intention to limit the number of port service providers should be published in advance by the competent authority and should be fully justified , in order to give the interested parties the opportunity to comment . the criteria for any limitation should be objective , transparent and non - discriminatory . ### any intention to limit the number of port service providers should be published in advance by the managing body of the port or the competent authority . the criteria for any limitation should be objective , transparent and non - discriminatory .


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


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


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


### the port service provider shall make available to the competent independent supervisory body as referred to in article 17 , upon request , information on the elements serving as a basis to determine the structure and the level of the port service charges that falls under the application of paragraph 1 of this article . this information shall include the methodology used for setting the port charges with regard to the facilities and services to which these port service charges relate to . ### the port service provider shall , in the event of a formal complaint or upon request , make available to the body designated pursuant to article 17 , information on the elements serving as a basis to determine the structure and the level of the port service charges that falls under the application of paragraph 1 of this article . this information shall include the methodology used for setting the port charges with regard to the facilities and services to which these port service charges relate to .


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


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


### member states shall notify to the commission the identity of the independent supervisory bodies by 1 july 2015 at the latest and subsequently any modification thereof . the commission shall publish and update the list of the independent supervisory bodies on its website . ### member states shall notify to the commission mechanisms and procedures put in place to comply with paragraphs 1 and 2 of this article by . . . * and shall notify it without delay of any subsequent modification thereof . the commission shall publish and update the list of the relevant bodies on its website . __________________ * oj : please insert the date : 24 months after the entry into force of this regulation .


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


### a clear framework for access to the market of port services ; ### a clear framework for the organisation of 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 undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators , public administrations and representatives of the workforce operating in the port area on the following :


### since the objectives of this regulation , namely ensuring the modernisation of port services and the appropriate framework to attract necessary investments in all the ports of the trans - european transport network , cannot be sufficiently achieved by the member states because of the european dimension , international and cross - border nature of port and related maritime business and can therefore , by reason of the need for a european level playing field , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , namely ensuring the modernisation of port services and the appropriate framework to attract necessary investments in all the ports of the trans - european transport network , cannot be sufficiently achieved by the member states because of the european dimension , international and cross - border nature of port and related maritime business and can therefore , by reason of the need for a european level playing field , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . european union ports should be protected towards third countries ports which are not subject to the same organisation and operation criteria of this regulation .


### the managing body of the port shall keep the information concerning the financial relations as referred to in paragraphs 1 and 2 of this article at the disposal of the commission and of the competent independent supervisory body as referred to in article 17 for five years from the end of the fiscal year to which the information refers . ### the managing body of the port shall keep the information concerning the financial relations as referred to in paragraphs 1 and 2 of this article at the disposal of the commission and of the body designated pursuant to article 17 for five years from the end of the fiscal year to which the information refers .


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


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


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


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


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


### trajectories for the sectorial share of renewable energy in final energy consumption from 2021 to 2030 in the heating and cooling , electricity , and transport sectors ; ### trajectories for the sectorial share of renewable energy in final energy consumption from 2021 to 2030 ensuring an optimal uptake of biomass in the heating and cooling , electricity , and transport sectors ;


### 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 only be achieved through coordinated action , combining both legislative and non - legislative acts at union , national and regionallevel .


### the european environment agency should assist the commission , as appropriate and in accordance with its annual work programme , with assessment , monitoring and reporting work . ### the european environment agency should assist the commission , as appropriate and in accordance with its annual work programme , with assessment , monitoring and reporting work . member states should take into account the advice provided by the european environment agency concerning the environmental impact of biofuel production .


### 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 make a transition to a highly efficient energy system which focuses to a high degree on renewable energy and covers five key dimensions : energy security ; the internal energy market ; energy efficiency ; decarbonisation ; and research , innovation and competitiveness .


### follow - up in case of inconsistencies with overarching energy union objectives and targets under the effort sharing regulation ### follow - up in case of inconsistencies with overarching energy union objectives and targets under the effort sharing regulation and the directive [ recast of directive 2009 / 28 / ec as proposed by com 767 ]


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


### information on national climate change adaptation planning and strategies in accordance with article 17 ; ### information on national climate change adaptation planning and strategies , particularly regarding advanced biofuel research and investment in accordance with article 17 ;


### with a view to achieving the union ' s binding target of at least 27% renewable energy in 2030 as referred to in article 3 of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , a contribution to this target in terms of the member state ' s share of energy from renewable sources in gross final consumption of energy in 2030 , with a linear trajectory for that contribution from 2021 onwards ; ### with a view to achieving the union ' s binding target of at least 27% renewable energy in 2030 as referred to in article 3 of [ recast of directive 2009 / 28 / ec as proposed by com 767 ] , a contribution to this target in terms of the member state ' s share of energy from renewable sources in gross final consumption of energy in 2030 , taking into account the amortisation of investments for first - generation biofuels , with a linear trajectory for that contribution from 2021 onwards ;


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


### changes in commodity prices and land use within the member state associated with its increased use of biomass and other forms of energy from renewable sources ; ### if available , changes in commodity prices and land use within the member state associated with its increased use of biomass and other forms of energy from renewable sources ;


### the financial envelope for the implementation of the programme for the period 2021 &#8211 ; 2027 shall be eur 181 . 207 million in current prices . ### the&#160 ; financial envelope for the implementation of the programme for the period&#160 ; 2021 &#8211 ; 2027 shall be eur&#160 ; 321 . 314 million in 2018 prices for both commitment and payment&#160 ; appropriations .


### article 7 is deleted ; ### article 7 is replaced by the following : ‘ article 7 member states shall ensure that media service providers under their jurisdiction make their services continuously and progressively more accessible to people with disabilities including visual or hearing impairments , aiming to provide , five years after the entry into force of this directive : at least 75 % of the overall programming with subtitles for the deaf and hard of hearing ; at least 75 % of the overall programming subtitled into the national language shall include spoken subtitles ; at least 15 % of the overall programming with audio description and spoken subtitles ; at least 5 % of the overall programming with sign language interpretation ; 2 . every following year the audiovisual media service providers shall increase the provision of access services as follows : 5 % more of the overall programming with sdh ; 5 % more of the overall programming subtitled into the national language with spoken subtitles ; 2 % more of the overall programming with audio description ; 2 % more of the overall programming with sign language interpretation . 3 . the access services shall be provided for different types of programmes , including those for children , and at different times during the day , without concentrating the accessible content in the least common time slots for the general audience . audiovisual media service providers should be encouraged to consult user organisations , including those representing persons with disabilities , to prioritise the programmes to be made accessible . 4 . where a programme includes access services , these shall be clearly indicated in the programme information , as well as in the electronic programming guide . 5 . the audiovisual media service providers shall ensure that the electronic programming guides are accessible for persons with disabilities . 6 . the audiovisual media service providers shall provide accessible information about their services and , in particular , shall list and explain how to use the accessibility features of the services , including the complementarities with assistive technologies and other access services provided by a third party . 7 . with regard to the implementation of this article , member states shall encourage the development of self - and co - regulatory codes of conduct , in consultation with users ' organisations , including those representing persons with disabilities . the commission and erga shall encourage media service providers to exchange best practices on self - regulatory systems across the union . these should tackle quality requirements for : subtitles for the deaf and hard of hearing that are well synchronised with the audiovisual content , readable , accurate and comprehensible in order to effectively reflect the audio information . this includes setting up quality specifications covering at least the font type , font size , contrast and use of colours as well as , where possible , the necessary requirements to ensure users ' control over the sdh ; audio description and spoken subtitles that are well synchronized with the audiovisual content . this includes setting up quality specifications related to audio placement and clarity of the audio description and spoken subtitles , as well as the necessary requirements to ensure users ' control over them ; sign language interpretation that is accurate and comprehensible in order to effectively reflect the audio information . this includes setting up professional requirements for the interpreters and quality specifications for the way the signing is provided . where possible , requirements to ensure users ' control over the signing provision shall be adopted . 8 . by . . . [ three years after the entry into force of this directive ] 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 article . ' ;


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


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


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


### member states shall ensure that audiovisual media service providers provide sufficient information to viewers about content which may impair the physical , mental or moral development of minors . for this purpose , member states may use a system of descriptors indicating the nature of the content of an audiovisual media service . ### member states shall ensure that audiovisual media service providers and video - sharing platform providers effectively provide clear information to viewers , prior to and during programmes as well as before and after any interruption to programmes , about content which may damage or disturb minors and , in particular , impair their physical , mental or moral development . for this purpose , member states shall use a system of descriptors indicating the nature of the content of an audiovisual media service .


### providing for parental control systems with respect to content which may impair the physical , mental or moral development of minors ; ### providing for parental control systems that are under the control of the end - user , with respect to content which may impair the physical or mental development of minors ;


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


### member states may require providers of on - demand audiovisual media services under their jurisdiction to contribute financially to the production of european works , including via direct investment in content and contributions to national funds . member states may require providers of on - demand audiovisual media services , targeting audiences in their territories , but established in other member states to make such financial contributions . in this case , the financial contribution shall be based only on the revenues earned in the targeted member states . if the member state where the provider is established imposes a financial contribution , it shall take into account any financial contributions imposed by targeted member states . any financial contribution shall comply with union law , in particular with state aid rules . ### member states may require providers of on - demand audiovisual media services established under their jurisdiction to contribute financially to the production of european works , including via direct investment in content and contributions to national funds .


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


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


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give legal certainty to businesses and member states ' authorities , ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' , as well as those grounds not covered by framework decision 2008 / 913 / jha such as social origin , genetic features , language , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content . all circumstances , including intention , should be taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , should be respected . provisions concerning hate speech should be applied in line with the jurisprudence of the european court of human rights concerning the right to freedom of expression and information .


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


### where the member state concerned does not provide the information requested within the period fixed by the commission or where it provides incomplete information , the commission shall take a decision that the measures taken by the member state in accordance with paragraph 2 are incompatible with union law . if the commission decides that the measures are incompatible with union law , the member state shall put an end to the measures in question as a matter of urgency . ### where the member state concerned does not provide the information requested within the period fixed by the commission or where it provides incomplete information , the commission shall take a decision that the measures taken by the member state in accordance with paragraph 2 are incompatible with union law . if the commission decides that the measures are incompatible with union law , the member state shall put an end to the measures in question as a matter of urgency and no longer than within two weeks .


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


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


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


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


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


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


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


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


### to advise and assist the commission as to any matter related to audiovisual media services within the commission ' s competence . if justified in order to advise the commission on certain issues , the group may consult market participants , consumers and end - users in order to collect the necessary information ; ### to advise and assist the commission as to any matter related to audiovisual media services within the commission ' s competence , including any threats to media pluralism and the independence of national regulatory authorities . if justified in order to advise the commission on certain issues , the group may consult the contact committee , market participants , consumers and end - users in order to collect the necessary information ;


### 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 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 . it should remain possible for member states to take stricter measures where 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 in accordance with union law and communicative freedoms . __________________ 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 .


### the market for tv broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers . ### the market for audiovisual services has evolved and there is a need for more flexibility to ensure a real level playing field for audiovisual commercial communications , sponsorship and product placement . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers .


### the market for tv broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers . ### the market for audiovisual media services has evolved and there is a need for more flexibility and greater clarity with regard to , in particular , existing rules on increasing competitiveness , on providing a real level playing field for audiovisual commercial communications and on product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers .


### announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group ; ### announcements made by the broadcaster in connection with its own programmes and ancillary products and services directly derived from those programmes or with programmes , product and services from entities belonging to the same broadcaster ;


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


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


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


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


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based in accordance with the grounds contained in article 21 of the charter of fundamental rights of the european union .


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


### the service consists of the storage of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ; ### the service consists of the storage of programmes or user - generated videos over the selection of which the video - sharing platform provider does not exercise effective control ;


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


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


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give legal certainty to businesses and member states ' authorities , ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' , as well as those grounds not covered by framework decision 2008 / 913 / jha such as social origin , genetic features , language , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content . all circumstances , including intention , should be taken into account , and freedom of expression , in particular artistic , literary and journalistic expression , should be respected . provisions concerning hate speech should be applied in line with the jurisprudence of the european court of human rights concerning the right to freedom of expression and information .


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states , in cooperation with the commission and erga , shall facilitate the development of a union code of conduct which shall include guidelines on the terms and conditions applicable to the removal of content referred to in points and of paragraph 1 of this article , in accordance with union law and the charter of fundamental rights . member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 of this article taken by video - sharing platform providers in particular concerning freedom of expression and information . member states shall entrust this task to the authorities designated in accordance with article 30 .


### providers of on - demand audiovisual media services should promote the production and distribution of european works by ensuring that their catalogues contain a minimum share of european works and that those are given enough prominence . ### providers of on - demand audiovisual media services should promote the production and distribution of european works , if such measures do not affect the services provided to the consumer , by ensuring that their catalogues contain a share of european works without affecting the principle of media pluralism .


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


### the commission shall decide within 3 months following the notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within 3 months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information . ### the commission shall decide within 2 months following the notification provided for in point of paragraph 4 . that period shall begin on the day following the receipt of a complete notification . the notification shall be considered as complete if , within 3 months from its receipt , or from the receipt of any additional information requested , the commission does not request any further information .


### they shall not directly encourage the purchase or rental of goods or services ; ### they shall not encourage the purchase or rental of goods or services ;