### ce - marked fertilising products should be placed on the market only if they are sufficiently effective and do not present unacceptable risks to human , animal or plant health , to safety or to the environment when properly stored and used for their intended purpose , and under conditions of use which can be reasonably foreseen , that is when such use could result from lawful and readily predictable human behaviour . therefore , requirements for safety and quality , as well as appropriate control mechanisms , should be established . furthermore , the intended use of ce marked fertilising products should not lead to food or feed becoming unsafe . ### ce - marked fertilising products should be placed on the market only if they are sufficiently effective and do not present risks to human , animal or plant health , to safety or to the environment when properly stored and used for their intended purpose , and under conditions of use which can be reasonably foreseen , that is when such use could result from lawful and readily predictable human behaviour . therefore , requirements for safety and quality , as well as appropriate control mechanisms , should be established .


### a blend of different ce marked fertilising products , each of which has been subject to a successful assessment of conformity with the applicable requirements for that material , can itself be expected to be suitable for use as a ce marked fertilising product , subject only to certain additional requirements warranted by the blending . therefore , in order to avoid an unnecessary administrative burden , such blends should belong to a separate category , for which the conformity assessment should be limited to the additional requirements warranted by the blending . ### a combination of different ce marked fertilising products , each of which has been subject to a successful assessment of conformity with the applicable requirements for that material , can itself be expected to be suitable for use as a ce marked fertilising product , subject only to certain additional requirements warranted by the mixing . therefore , in order to avoid an unnecessary administrative burden , such combinations should belong to a separate category , for which the conformity assessment should be limited to the additional requirements warranted by the mixing .


### the conditions for making fertilisers available on the internal market have been partially harmonised through regulation no 2003 / 2003 of the european parliament and of the council15 , which almost exclusively covers fertilisers from mined or chemically produced , inorganic materials . there is also a need to make use of recycled or organic materials for fertilising purposes . harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use . the scope of the harmonisation should therefore be extended in order to include recycled and organic materials . _________________ 15 regulation no 2003 / 2003 of the european parliament and of the council of 13 october 2003 relating to fertilisers . ### the conditions for making fertilisers available on the internal market have been partially harmonised through regulation&#160 ; no&#160 ; 2003 / 2003 of the european parliament and of the council15 , which almost exclusively covers fertilisers from mined or chemically produced , inorganic materials . there is also a need to make use of recycled or organic materials for fertilising purposes . harmonised conditions for making fertilisers made from such recycled or organic materials available on the entire internal market should be established in order to provide an important incentive for their further use . promoting increased use of recycled nutrients would further aid in the development of the circular economy and allow a more resource - efficient general use of nutrients , while lowering eu dependency on nutrients from third countries . the scope of the harmonisation should therefore be extended in order to include recycled and organic materials . _________________ 15 regulation no 2003 / 2003 of the european parliament and of the council of 13 october 2003 relating to fertilisers .


### where a distributor considers or has reason to believe that a ce marked fertilising product is not in conformity with the applicable requirements set out in annex i , annex ii or annex iii , he or she shall not make the fertilising product available on the market until it has been brought into conformity . furthermore , where the ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities . ### where a distributor considers or has reason to believe that a ce marked fertilising product is not in conformity with the applicable requirements of this regulation , he or she shall not make the fertilising product available on the market until it has been brought into conformity . furthermore , where the ce marked fertilising product presents an unacceptable risk to human , animal or plant health , to safety or to the environment , the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities .


### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , and fertilising product production from animal by - products , such as biochar . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation . ### promising technical progress is being made in the field of recycling of waste , such as phosphorus recycling from sewage sludge , such as struvite , fertilising product production from animal by - products , such as biochar , and phosphorus recovery after incineration , such as ash - based products . it should be possible for products containing or consisting of such materials to access the internal market without unnecessary delay when the manufacturing processes have been scientifically analysed and process requirements have been established at union level . for that purpose , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of defining larger or additional categories of ce marked fertilising products or component materials eligible for use in the production of such products . for animal by - products , component material categories should be expanded or added only to the extent an end point in the manufacturing chain has been determined in accordance with the procedures laid down in regulation no 1069 / 2009 , since animal by - products for which no such end point has been determined are in any event excluded from the scope of this regulation .


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . _________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such inputs of nutrients , but nevertheless stimulate plants ' natural nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . therefore , they act in addition to fertilisers , with the aim of optimizing their efficiency and reducing the volumes of use . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . _________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### a ce marked fertilising product that has undergone a recovery operation and complies with the requirements laid down in this regulation shall be considered to comply with the conditions laid down in article 6 of directive 2008 / 98 / ec and shall , therefore , be considered as having ceased to be waste . ### a material that has undergone a recovery operation and complies with the requirements laid down in this regulation shall be considered to be a component material of a ce marked fertilising product that complies with the conditions laid down in article 6 of directive 2008 / 98 / ec and shall , therefore , be considered to have ceased being waste . this component material may fall under the scope of this regulation if it demonstrates an agronomic efficacy and if it meets the requirements laid down in the annexes of this regulation .


### numbers indicating the total content of the declared nutrients nitrogen , phosphorus or potassium , followed by numbers in brackets indicating the total content of magnesium , calcium , sulphur or sodium , ### numbers indicating the average content of the declared nutrients nitrogen , phosphorus or potassium , followed by numbers in brackets indicating the total content of magnesium , calcium , sulphur or sodium ,


### the management board shall be composed of one senior representative from each member state and two representatives of the commission , all of whom have voting rights . ### the management board shall be composed of one senior representative from each member state , one member from each member state ' s employers ' organisations , one member from each member state ' s employees ' organisations , two representatives of the commission and one member nominated by the european parliament , all of whom have voting rights .


### the authority shall establish cooperation arrangements with other decentralised union agencies where appropriate . ### the authority shall establish cooperation arrangements with other decentralised union agencies where appropriate , in particular with eurofound , cedefop , eu - osha and the etf , in order to achieve coordination , promote synergies and avoid duplications in their activities for the sake of cost efficiency .


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies and avoiding duplication and thus achieving financial savings : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation .


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


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


### it is essential to further step up cooperation on migration with partner countries , reaping the benefits of well - managed and regular migration and effectively addressing irregular migration . such cooperation should contribute to ensuring access to international protection , addressing the root causes of irregular migration , enhancing border management and pursuing efforts in the fight against irregular migration , trafficking in human beings and migrant smuggling , and working on returns , readmission and reintegration where relevant , on the basis of mutual accountability and full respect of humanitarian and human rights obligations . therefore , third countries ' effective cooperation with the union in this area should be an integral element in the general principles of this regulation . an increased coherence between migration and development cooperation policies is important to ensure that development assistance supports partner countries to manage migration more effectively . this regulation should contribute to a coordinated , holistic and structured approach to migration , maximising the synergies and applying the necessary leverage . ### it is essential to further step up cooperation on migration with thirds countries , reaping the benefits of well - managed and regular migration by facilitating safe and legal paths of migration and asylum , including through humanitarian visas schemes and increasing the resettlement capacities of the union and the member states , and effectively addressing irregular migration . such cooperation should contribute to ensuring access to international protection , addressing the root causes and drivers of irregular migration , pursuing efforts in the fight against irregular migration , trafficking in human beings and migrant smuggling , and working on returns , readmission and reintegration where relevant , on the basis of mutual accountability and full respect of humanitarian and human rights obligations as well as solidarity , non - discrimination and non - refoulement .


### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders linked to crisis and post - crisis situations or migratory pressure ; ### to address new needs or emerging challenges linked to crisis and post - crisis situations or threats to human rights and fundamental freedoms ;


### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention should be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the efsd + should aim at supporting investments as a means of contributing to the achievement of the sustainable development goals by fostering sustainable and inclusive economic and social development and promoting the socio - economic resilience in partner countries with a particular focus on the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration and forcible displacement , in accordance with the relevant indicative programming documents . in particular focus should be given to improve the delivery of essential public basic services , such as health , education , nutrition , water , sanitation and hygiene , and social protection , and equitable access to food security and accessible , decent and affordable housing , and to improve the quality of life of rapidly growing urban populations , with special attention be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders linked to crisis and post - crisis situations or migratory pressure ; ### to address new needs or emerging challenges linked to crisis and post - crisis situations , natural or man - made disasters , or large - scale abuses of human rights and fundamental freedoms ;


### the investigative powers of national administrative competition authorities need to be adequate to meet the enforcement challenges of the digital environment and should enable national competition authorities to obtain all information in digital form , including data obtained forensically , related to the undertaking or association of undertakings which is subject to the investigative measure , irrespective of the medium on which it is stored , such as on laptops , mobile phones and other mobile devices . ### the investigative powers of national administrative competition authorities need to be adequate to meet the enforcement challenges of the digital environment and should enable national competition authorities to obtain all information in digital form , including data obtained forensically , related to the undertaking or association of undertakings which is subject to the investigative measure , irrespective of the medium on which it is stored , such as on laptops , mobile phones , other mobile devices and cloud storage .


### they supply incorrect , incomplete or misleading information in response to a request made by a decision referred to by article 8 or do not supply information within the specified time - limit ; ### they supply incorrect , incomplete or misleading information in response to a request referred to in article 8 or do not supply information within the specified time - limit ;


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


### member states shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of articles 101 or 102 tfeu should not be set at a level below 10% of its total worldwide turnover in the business year preceding the decision . ### member states shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of articles 101 or 102 tfeu is set at 10% of its relevant turnover in the business year preceding the decision .


### member states shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of articles 101 and 102 tfeu within a specified time limit . this obligation shall cover information which is accessible to the undertaking and association of undertakings . ### member states shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of articles 101 and 102 tfeu within a specified and reasonable time limit and insofar as the addressee of the decision does not as a result incriminate itself in respect of an infringement of articles 101 and 102tfeu . . this obligation shall cover information which is accessible to the undertaking and association of undertakings .


### the independence of ncas should be strengthened in order to ensure the effective and uniform application of articles 101 and 102 tfeu . to this end , express provision should be made in national law to ensure that when applying articles 101 and 102 tfeu ncas are protected against external intervention or political pressure liable to jeopardise their independent assessment of matters coming before them . for that purpose , rules should be laid down in advance regarding the grounds for the dismissal of the members of the decision - making body of the ncas in order to remove any reasonable doubt as to the impartiality of that body and its imperviousness to external factors . ### the independence of ncas should be strengthened in order to ensure the effective and uniform application of articles 101 and 102 tfeu . to this end , express provision should be made in national law to ensure that when applying articles 101 and 102 tfeu ncas are protected against external intervention or political pressure liable to jeopardise their independent assessment of matters coming before them . for that purpose , rules should be laid down in advance regarding the grounds for the dismissal of the members of the decision - making body of the ncas in order to remove any reasonable doubt as to the impartiality of that body and its imperviousness to external factors . moreover , to underpin their impartiality , the fines they impose should not be used to finance them directly .


### member states shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of articles 101 and 102 tfeu within a specified time limit . this obligation shall cover information which is accessible to the undertaking and association of undertakings . ### member states shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of articles 101 and 102 tfeu within a reasonable time limit and insofar as the addressee of the decision does not as a result incriminate itself in respect of an infringement of articles 101 and 102 tfeu . this obligation shall cover information which is in the possession of the undertaking and association of undertakings .


### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level . also , governance arrangements must be developed by icao , including a registry system . in this context , the current derogation of the eu ets obligations for flights to and from third countries should be extended , subject to the review on implementing the icao scheme , in order to promote momentum in icao and facilitate the operationalisation of the icao scheme . as a result of the extension of the derogation , the amount of allowances to be auctioned and issued for free , including from the special reserve , should be the same as would correspond to 2016 , and should be proportional to the reduction of the surrender obligation . ### in the light of the resolution adopted at icao ' s 39th assembly in october 2016 on the implementation of a global market - based measure from 2021 to offset international aviation emissions above 2020 levels , it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market - based measure . in this regard , the adoption of standards and recommended practices by icao to complement that resolution and implement the global system is planned for 2018 . however , its concrete operationalisation will require action by icao parties at domestic level .


### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided . ### the issue of the obligations and concomitant responsibilities and liabilities of the flag state and , where appropriate , the flag international organisation , for the conservation and management of the living resources of the high seas under unclos has increasingly come into focus at international level . this has also been the case , under the heading of a due diligence obligation flowing from unclos , for concurrent coastal state jurisdiction and flag state jurisdiction and , as appropriate , flag international organisation jurisdiction , to secure sound conservation of marine biological resources within sea areas under national jurisdiction . the advisory opinion of 2 april 2015 of the international tribunal for the law of the sea , rendered in response to questions raised by the west africa subregional fisheries commission , confirmed that the union bears international responsibility before third countries and international organisations for the activities of its fishing vessels , and that such responsibility requires it to act with due diligence . a due diligence obligation is an obligation for a state to exercise best possible efforts and to do the utmost to prevent illegal fishing , which includes the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag , its nationals , or fishing vessels engaged in its waters are not involved in activities which breach the applicable conservation and management measures . for these reasons , it is important to organise both the activities of union fishing vessels outside union waters as well as the governance system pertaining thereto in such a manner that the union ' s international obligations can be efficiently and effectively discharged and that situations where the union might be reproached for internationally wrongful acts are avoided .


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 . ### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states and should take into account article 28 of the charter of fundamental rights of the european union . where the conclusion of a port service contract may entail a change of port service operator , the member states should require the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 .


### ‘ 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 ;


### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with state aid rules . ### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan in accordance with state aid and competition rules .


### 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 .


### member states shall ensure that an independent supervisory body monitors and supervises the application of this regulation in all the seaports covered by this regulation on the territory of each member state . ### member states shall ensure that effective mechanisms are in place to handle complaints in all the seaports covered by this regulation on the territory of each member state . to that end , the member states shall designate one or more bodies to handle different types of complaints or cover different geographical areas .


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


### 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 may decide to provide a port itself or through 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 .


### ‘ mooring’ means the berthing and un - berthing services required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port ; ### ‘ mooring’ means the mooring services in charge of tying and untying operations of a waterborne vessel to the berth , the quayside or a buoy in order to immobilise the vessel , thereby allowing passengers and other persons , goods or cargo to be transferred safely on or off the vessel ;


### ‘ 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 ;


### 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 .


### the managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users ' advisory committee on the structure and level of such charges . the providers of port services as referred to in article 6 and in article 9 shall consult on an annual basis prior to the setting of port service charges the port users ' advisory committee on the structure and level of such charges . the managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services . ### the managing body of the port shall provide port users with adequate information about the structure and criteria used to determine port infrastructure charges . it shall consult port users in the event of substantial changes to port infrastructure charges prior to the setting of such charges . the providers of port services shall provide port users with adequate information about the structure of port service charges . internal operators providing services under a public service obligation and the providers of port services as referred to in article 6 shall consult port users on an annual basis and prior to the setting of port services charges on the structure and level of such charges . the managing body of the port shall provide adequate mechanisms for such consultation and shall be informed of the results of the consultation by the providers of port services .


### the equipment needed to provide the relevant port service in normal and safe conditions and the capacity to maintain this equipment at the appropriate level ; ### the equipment needed to provide the relevant port service in normal and safe conditions in a continuous manner and the technical and financial capacity to maintain this equipment at the required level ;


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service or shall apply article 9 . collective actions are not considered to be disruptions of port services for which emergency measures can be taken .


### port service charges applied by providers of port services which are not designated in accordance with an open , transparent and non - discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested . the same is true for charges levied by internal operators in the meaning of this regulation . for those services , in the absence of fair market mechanisms , arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant market and are set in a transparent and non - discriminatory way . ### port service charges applied by providers of port services which are not designated in accordance with an open , transparent and non - discriminatory procedure and the charges applied by providers of pilotage services , which are not exposed to effective competition , entail a higher risk of price abuse . for those services , in the absence of fair market mechanisms , arrangements should be established to ensure that the charges levied are not disproportionate to the economic value of the services provided and are set in a transparent and non - discriminatory way .


### the member states shall designate the competent authorities within their territory to impose such public service obligations . the managing body of the port may be the competent authority . ### the managing body of the port shall ensure that public service obligations imposed by the member state or competent authority are fulfilled .


### ‘ 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 .


### 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 : ### without prejudice to the existing different models for the organisation of port services , 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 :


### 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 interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , including in terms of training , and the equipment required insofar as these requirements are transparent , non - discriminatory , objective and relevant for the provision of the port service . ### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , the equipment needed in order to provide the relevant port service , and compliance with maritime safety requirements . these minimum requirements should also take into account environmental requirements as well as national social standards and the good repute of the port service provider .


### 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 .


### 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 , port workers , and public administrations operating in the port area , inhabitants in and near to the port area and representatives of environmental non - governmental organisations on the following :


### this chapter and the transitional provisions of article 24 shall not apply to cargo handling services and passenger services . ### this chapter , with the exception of article 10a , and the transitional provisions of article 24 shall not apply to cargo handling services , passenger services and pilotage .


### the recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users , the availability of the port service all year long or the affordability of the port service to certain category of users . ### the recourse to public service obligations leading to a limitation in the number of providers of a port service should only be justified for reasons of public interest in order to ensure the accessibility of the port service to all users , the availability of the port service all year long , the affordability of the port service to a certain category of users , or safe , secure or environmentally sustainable port operations .


### 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 ;


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to national and union law including collective agreements between social partners , the member states shall require the designated provider of port services , in the case where this provider is different from the incumbent provider of port services and where the incumbent provider ceases its commercial operations , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### ' mooring ' means the berthing and un - berthing services required for a waterborne vessel being anchored or otherwise fastened to the shore in the port or in the waterways access to the port ; ### ' berthing ' means the technical - nautical services required for the mooring , shifting or undocking of a vessel in the port or in the waterways access to the port ;


### 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 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 ;


### ‘ 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 a defined area of land and water made up , amongst other things , of infrastructures and facilities , managed autonomously by the managing body of the port 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 ;


### 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 managing body of the port may limit the number of providers of port service for a given port service in view , inter alia , of the following reasons :


### 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 .


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 . ### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states and should take into account article 28 of the charter of fundamental rights of the european union . where the conclusion of a port service contract may entail a change of port service operator , the member states should require the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 .


### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with state aid rules . ### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be determined according to its national ports policy and / or the individual port’s commercial strategy and investment plan and comply with competition rules , where applicable .


### 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 .


### 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 may decide to provide a port itself or through 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 .


### 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 . ### 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 may decide to impose public service obligations related to port services on providers in order to ensure the following : ### member states may decide to impose public service obligations related to port services on providers in order to ensure in particular :


### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , including in terms of training , and the equipment required insofar as these requirements are transparent , non - discriminatory , objective and relevant for the provision of the port service . ### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , the equipment needed in order to provide the relevant port service , and compliance with maritime safety requirements . these minimum requirements should also take into account environmental requirements as well as national social standards and the good repute of the port service provider .


### ‘ 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 concerned , 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 ;


### 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 member state or competent authority may provide a port service itself or 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 .


### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states . in cases of limitation of the number of port service providers , where the conclusion of a port service contract may entail a change of port service operator , it should be possible for the competent authorities to ask the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 . ### member states should retain the power to ensure an adequate level of social protection for the staff of undertaking providing port services . this regulation shall not affect the application of the social and labour rules of the member states and shall take into account article 28 of the charter of fundamental rights of the european union . in cases where the conclusion of a port service contract may entail a change of port service operator , member states or competent public authorities should require the chosen service operator to apply the provisions of council directive 2001 / 23 / ec on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses11 . __________________ 11 oj l 82 , 22 . 3 . 2001 , p . 16 .


### 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 or dredging itself , it shall keep the accounts of that publicly funded activity or investment separate from the accounts of its other activities , in such a way that :


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to national law , union law , in particular directive 2001 / 23 / ec , and collective agreements between social partners at the european , national , regional or local level , the managing bodies of the port shall require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to respect rights in terms of informing and consulting workers and to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### when the competent authority designated in accordance with paragraph 3 is different from the managing body of the port , that competent authority shall exercise the powers provided for in articles 6 and 7 concerning the limitation of the number of providers of port services based on public service obligations . ### when the competent authority designated in accordance with paragraph 3 is different from the managing body of the port , that competent authority shall exercise the powers provided for in article 6 concerning the limitation of the number of providers of port services based on public service obligations .


### ‘ 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 ;


### 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 :


### 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 commercial practices related , inter alia , 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 shall comply with state aid and competition rules .


### 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 .


### 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 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 . member states may decide not to apply the rules on the separation of accounts to small ports in the comprehensive network , subject to certain conditions . 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 .


### ‘ 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 agreement between a provider of port service and the managing body of the port or 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 ;


### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan reflecting competitive conditions of the relevant market and in accordance with state aid rules . ### in order to contribute to an efficient infrastructure charging system , the structure and the level of port infrastructure charges shall be defined in an autonomous way by the managing body of the port according to its own commercial strategy and investment plan in accordance with state aid and competition rules .


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure guaranteeing compliance with national legislation on social and labour rights , in particular the right to strike . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 .


### the independent supervisory body shall have the right to require managing bodies of the ports , providers of port services and port users to submit information needed to ensure monitoring and supervision of the application of this regulation . ### in the event that a formal complaint is lodged by any party with a legitimate interest , the relevant body providing independent supervision shall have the right to require managing bodies of the ports , providers of port services and port users to submit the necessary information .


### 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 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 managing body of the port shall establish a committee of representatives of operators of waterborne vessels , cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both . this committee shall be called the ' port users ' advisory committee ' . ### the managing body of the port shall ensure that adequate mechanisms for the consultation of users are in place . to that end , it may either establish a port users ' advisory committee consisting of representatives of operators of waterborne vessels , cargo owners or other port users which are requested to pay an infrastructure charge or a port service charge or both , or ensure consultation through bodies of a different composition already established within the port , provided that there is adequate consultation of all users .


### port service charges applied by providers of port services which are not designated in accordance with an open , transparent and non - discriminatory procedure entail a higher risk of price abuse given their monopolistic or oligopolistic situation and the fact that their market cannot be contested . the same is true for charges levied by internal operators in the meaning of this regulation . for those services , in the absence of fair market mechanisms , arrangements should be established to ensure that the charges they levy reflect the normal conditions of the relevant market and are set in a transparent and non - discriminatory way . ### port service charges applied by providers of port services which are not designated in accordance with an open , transparent and non - discriminatory procedure and the charges applied by providers of pilotage services , which are not exposed to effective competition , entail a higher risk of price abuse . for those services , in the absence of fair market mechanisms , arrangements should be established to ensure that the charges levied are not disproportionate to the economic value of the services provided and are set in a transparent and non - discriminatory way .


### 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 may decide to provide a port itself or through 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 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 .


### the decisions of the independent supervisory body shall have binding effects , without prejudice to judicial review . ### the decisions of the relevant body providing independent supervision shall have binding effects , without prejudice to judicial review .


### the managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users ' advisory committee on the structure and level of such charges . the providers of port services as referred to in article 6 and in article 9 shall consult on an annual basis prior to the setting of port service charges the port users ' advisory committee on the structure and level of such charges . the managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services . ### the managing body of the port shall provide port users with adequate information about the structure and criteria used to determine port infrastructure charges . it shall consult port users in the event of substantial changes to port infrastructure charges prior to the setting of such charges . the providers of port services shall provide port users with adequate information about the structure of port service charges . internal operators providing services under a public service obligation and the providers of port services as referred to in article 6 shall consult port users on an annual basis and prior to the setting of port services charges on the structure and level of such charges . the managing body of the port shall provide adequate mechanisms for such consultation and shall be informed of the results of the consultation by the providers of port services .


### the managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users’ advisory committee on the structure and level of such charges . the providers of port services as referred to in article 6 and in article 9 shall consult on an annual basis prior to the setting of port service charges the port users’ advisory committee on the structure and level of such charges . the managing body of the port shall provide adequate facilities for such consultation and shall be informed of the results of the consultation by the providers of port services . ### the managing body of the port shall consult on an annual basis prior to the setting of port infrastructure charges the port users’ advisory committee on the structure and level of such charges . the above mentioned obligations can be done within bodies , also of distinct composition , already established within the managing body of the port either by law or by a normative act by a member state .


### this chapter and the transitional provisions of article 24 shall not apply to cargo handling services and passenger services . ### this chapter , with the exception of article 10a , and the transitional provisions of article 24 shall not apply to cargo handling services , passenger services and pilotage .


### the internal operator shall be confined to perform the assigned port service only in the port for which the assignment to provide the port service has been attributed to him . ### in the cases provided for in article 8 , the internal operator shall be confined to perform the assigned port service only in the port for which the assignment to provide the port service has been attributed to him .


### independent supervisory body ### independent supervision


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the member state or competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , member state or competent authority shall either launch a new procedure to select a provider of port service or shall apply article 9 .


### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , including in terms of training , and the equipment required insofar as these requirements are transparent , non - discriminatory , objective and relevant for the provision of the port service . ### in the interest of efficient , safe and environmentally sound port management , the managing body of the port should be able to require that port service providers can demonstrate that they meet minimum requirements to perform the service in an appropriate way . these minimum requirements should be limited to a clearly defined set of conditions concerning the professional qualifications of the operators , the equipment needed in order to provide the relevant port service , and compliance with maritime safety requirements . these minimum requirements should also take into account environmental requirements as well as national social standards and the good repute of the port service provider .


### 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 .


### ‘ 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 a delimited area of land and water made up , amongst other things , of infrastructures and facilities , managed autonomously by the managing body of the port 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 ;


### in order to be efficient , the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with that port ' s own commercial and investment strategy . ### the role of the managing body of the port is , inter alia , to facilitate trade and to act as an intermediary between regional industry and transport operators . therefore , in the interest of efficiency , the port infrastructure charges of each individual port should be set in a transparent and autonomous way in accordance with that port ' s own commercial and investment strategy .


### 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 variation of port infrastructure charges should be allowed in order to promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations , notably the off - shore or on - shore maritime transport operations , that is better than average . this should help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port . ### the variation of port infrastructure charges is an important tool for the managing body of the port and should be allowed . port infrastructure charges may vary , for example , in order to promote short sea shipping and to attract waterborne vessels having an environmental performance or energy and carbon efficiency of the transport operations , notably the off - shore or on - shore maritime transport operations , that is better than average . this should help to contribute to the environmental and climate change policies and the sustainable development of the port and its surroundings notably by contributing to reducing the environmental footprint of the waterborne vessels calling and staying in the port .


### in the cases provided for in paragraph 1 , the minimum requirements referred to in paragraph 2 and the procedure for the granting of the right to provide port services under those requirements shall have been published by the managing body of the port by 1 july 2015 or for minimum requirements being applicable after that date at least three months before the date on which those requirements would become applicable . providers of port services shall be informed in advance of any change in the criteria and of the procedure . ### in the cases provided for in paragraph 1 , the minimum requirements referred to in paragraph 2 and the procedure for the granting of the right to provide port services under those requirements shall have been published by the managing body of the port by . . . * or for minimum requirements being applicable after that date at least three months before the date on which those requirements would become applicable . providers of port services shall be informed in advance of any change in the criteria and of the procedure . __________________ * oj : please insert the date : 24 months after the entry into force of this regulation