### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . ### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries . assistance should mainly focus on assisting the beneficiaries to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights , including the rights of persons belonging to minorities , and promote gender equality , tolerance , social inclusion , respect for internationally agreed labour standards on workers’ rights and non - discrimination . assistance should also support adherence by the beneficiaries to the key principles and rights as defined in the european pillar of social rights , to the social market economy and convergence towards the social acquis . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans .


### assistance should also be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should mainly focus on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect fundamental rights and promote gender equality , tolerance , social inclusion and non - discrimination . assistance should also support the key principles and rights as defined in the european pillar of social rights17 . assistance should continue to support their efforts to advance regional , macro - regional and cross - border cooperation as well as territorial development , including through implementation of union macro - regional strategies . it should also enhance their economic and social development and economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through implementation of regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans . ### assistance should be provided in compliance with the agreements concluded by the union with the beneficiaries listed in annex i . assistance should focus , on the one hand , on assisting the beneficiaries listed in annex i to strengthen democratic institutions and the rule of law , reform the judiciary and public administration , respect freedom of media and fundamental human rights , in particular the rights of minorities , respect and advance workers ' rights and promote gender equality , tolerance , social inclusion and non - discrimination , as well as support the key principles and rights as defined in the european pillar of social rights17 . on the other hand , assistance should continue to support their efforts to advance economic , social and territorial development as well as regional , macro - regional and cross - border cooperation , gradually adopting relevant eu policies and practices , especially those of cohesion policy contributing also to the implementation of union macro - regional strategies . furthermore , ipa iii should also enhance their economic governance , underpinning a smart , sustainable and inclusive growth agenda , including through the implementation of multi - annual programmes aimed at regional development , agriculture and rural development , social and employment policies and the development of the digital economy and society , also in line with the flagship initiative digital agenda for the western balkans .


### in accordance with the principle of participatory democracy , parliamentary oversight in each beneficiary listed in annex i should be encouraged by the commission . ### in accordance with the principle of participatory democracy , the strengthening of parliamentary capacities and parliamentary oversight in each of the beneficiaries should be promoted by the commission .


### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes . ### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as poverty , sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes .


### the beneficiaries listed in annex i need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme are expected to contribute 16 % of the overall financial envelope of the programme to climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and the overall contribution from this programme should be part of relevant evaluations and review processes . ### the beneficiaries need to be better prepared to address global challenges , such as sustainable development and climate change , and align with the union ' s efforts to address those issues . reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the sustainable development goals , this programme should contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . actions under this programme should aim to contribute 16 % of the overall financial envelope of the programme to climate objectives , striving to achieve the goal that climate - related spending reaches 30 % of mff expenditure by 2027 . relevant actions will be identified during the programme ' s preparation and execution , and the overall contribution from this programme should be part of relevant evaluations and review processes .


### the commission and the member states should ensure compliance , coherence , and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . the necessary steps should also be taken to ensure better coordination and complementarity , including through regular consultations , with other donors . the role of civil society should be enhanced both in programmes implemented through government bodies and as a direct beneficiary of union assistance . ### the commission and the member states should ensure compliance , coherence , consistency and complementarity of their assistance , in particular through regular consultations and frequent exchanges of information during the different phases of the assistance cycle . the necessary steps should also be taken to ensure better coordination and complementarity , including through regular consultations , with other donors . the role of diverse independent civil society organisations and different types and levels of local authorities should be adequately enhanced both in programmes executed through government bodies and as a direct beneficiary of union assistance .


### the priorities for action towards meeting objectives in the relevant policy areas which will be supported under this regulation should be defined in a programming framework established by the commission for the duration of the union multiannual financial framework for the period from 2021 to 2027 in partnership with the beneficiaries listed in annex i , based on the enlargement agenda and their specific needs , in line with the general and specific objectives defined by this regulation and taking relevant national strategies into due account . the programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support , including an estimate of climate - related expenditure . ### the priorities for action towards meeting objectives in the relevant policy areas which will be supported under this regulation should be defined in a programming framework established by the commission for the duration of the union multiannual financial framework for the period from 2021 to 2027 . those priorities should be defined in partnership with the beneficiaries , based on the enlargement agenda and their specific needs , in line with the general and specific objectives defined by this regulation and taking relevant national strategies and the pertaining resolutions of the european parliament into due account . that partnership should include , as appropriate , competent authorities , as well as civil society organisations . the commission should encourage cooperation among the relevant stakeholders and donor co - ordination . the programming framework should identify the areas to be supported through assistance with an indicative allocation per area of support , including an estimate of climate - and gender equality - related expenditure . the power to adopt delegated 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 supplementing this regulation by adopting the ipa programming framework and its review by 30 june 2025 .


### the transition from direct management of pre - accession funds by the commission to indirect management by the beneficiaries listed in annex i should be progressive and in line with the respective capacities of those beneficiaries . assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process . ### the transition from direct management of pre - accession funds by the commission to indirect management by the beneficiaries should be progressive and in line with the respective capacities of those beneficiaries . the transition to indirect management by the beneficiaries should be suspended in specific policy or programme areas in case those capacities significantly decrease or if such management results in an inefficient use of the union funds , giving rise to significant shortcomings in respect of relevant obligations . such a decision should give due consideration to any possible negative economic and social consequences . assistance should continue to make use of the structures and instruments that have proved their worth in the pre - accession process .


### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved through coherence and complementarity among the union ' s external financing instruments , as well as the creation of synergies with other union policies and programmes . this includes , where relevant , coherence and complementarity with macro - financial assistance . ### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved , in order to avoid the overlapping with other existing external financing instruments , through coherence and complementarity among the union ' s external financing instruments , as well as the creation of synergies with other union policies and programmes . this includes , where relevant , coherence and complementarity with macro - financial assistance .


### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation . ### the types of financing and the methods of execution under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation .


### the union should continue to apply common rules for the implementation of the external actions . rules and procedures for the implementation of the union ' s instruments for financing external action are laid down in regulation no [ ndici ] of the european parliament and of the council . additional detailed provisions should be laid down for addressing the specific situations in particular for cross - border cooperation , agriculture and rural development policy area . ### the union should continue to apply common rules for the implementation of the external actions . rules and procedures for the application of the union ' s instruments for financing external action are laid down in regulation no [ ndici ] of the european parliament and of the council . additional detailed provisions should be laid down for addressing the specific situations in particular for cross - border cooperation , agriculture and rural development policy area .


### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment and irregular migration 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 union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions . ### external actions are often implemented in a highly volatile environment requiring a continuous and rapid adaptation to the evolving needs of union partners and to global challenges such as human rights , democracy and good governance , security and stability , climate change and environment and irregular migration and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial execution of the programmes . to increase the ability of the union to respond to unforeseen needs , while respecting the principle that the union budget is set annually , this regulation should preserve the possibility to apply the flexibilities already allowed by the financial regulation for other policies , namely carry - overs and re - commitments of committed funds , to ensure an efficient use of the eu funds both for the eu citizens and the beneficiaries listed in annex i , thus maximising the eu funds available for the eu external action interventions .


### 8implementing measures and methods ### 8executing measures and methods


### 15adoption of further implementing rules ### 15adoption of further rules


### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . ### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty , and promoting the transition from institutional to family and community based care . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality family and community based services , such as inclusive and non - segregated early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . actions that contribute to any form of segregation or social exclusion should not be supported .


### investing in youth , education and skills through , inter alia , developing and implementing joint education , vocational training , training schemes and infrastructure supporting joint youth activities ; ### investing in youth , sport , education and skills through , inter alia , developing and implementing joint education , vocational training , training schemes and infrastructure supporting joint youth activities ;


### promoting local and regional governance and enhancing the planning and administrative capacity of local and regional authorities ; ### promoting local and regional governance , including cross - border cooperation between administrations with a view to fostering reconciliation and peace - building , enhancing the planning and administrative capacity of local and regional authorities ;


### the application of regulation no 1073 / 2009 of the european parliament and of the council17 has revealed that operators in national markets are facing obstacles to the development of inter - urban coach services . moreover , road passenger transport services have not kept pace with the evolving needs of citizens in terms of availability and quality and sustainable transport modes continue to have a low modal share . as a consequence , certain groups of citizens are placed at a disadvantage in terms of availability of passenger transport services , and there are more road accidents , emissions and congestion due to greater use of cars . _________________ 17 regulation no 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the international market for coach and bus services , and amending regulation no 561 / 2006 . ### the application of regulation no 1073 / 2009 of the european parliament and of the council17 has revealed that some operators in national markets may be facing unjustified obstacles to the development of inter - urban coach services of benefit to passengers . _________________ 17 regulation no 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the international market for coach and bus services , and amending regulation no 561 / 2006 .


### administrative formalities should be reduced as much as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of regulation no 1073 / 2009 . the journey form constitutes an unnecessary administrative burden and should therefore be abolished . ### administrative formalities should be reduced where possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of regulation no 1073 / 2009 . the journey form constitutes an unnecessary administrative burden and should therefore be abolished .


### in order to take into account market developments and technical progress the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend annexes i and ii to regulation no 1073 / 2009 , and to supplement that regulation with rules concerning the format of certificates for own - account transport operations , the format of applications for authorisations and authorisations themselves , the procedure and criteria to be followed to determine if a proposed service would compromise the economic equilibrium of a public service contract , and the reporting obligations of member states . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in line with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making18 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as the member states’ experts , and the european parliament and the council experts should systematically have access to the commission’s expert group meetings dealing with the preparation of delegated acts . _________________ 18 oj l 123 , 12 . 5 . 2016 , p . 1 . ### in order to take into account market developments and technical progress the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend annexes i and ii to regulation no 1073 / 2009 , and to supplement that regulation with rules concerning the format of certificates for own - account transport operations , the format of applications for authorisations and authorisations themselves , the procedure and criteria to be followed to determine if a proposed service would compromise the equilibrium of a public service contract , and the reporting obligations of member states . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in line with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making18 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as the member states’ experts , and the european parliament and the council experts should systematically have access to the commission’s expert group meetings dealing with the preparation of delegated acts . _________________ 18 oj l 123 , 12 . 5 . 2016 , p . 1 .


### the regulatory body may , in exercising its tasks , request relevant information from the competent authorities , terminal operators , applicants for authorisation and any third party involved within the territory of the member state concerned . ### the national competent authority may , in exercising its tasks , request relevant information from the other competent authorities , terminal operators , applicants for authorisation and any third party involved within the territory of the member state concerned .


### information requested shall be supplied within a reasonable period set by the regulatory body and not exceeding one month . in justified cases , the regulatory body may extend the time limit for submission of information by a maximum of two weeks . the regulatory body shall be able to enforce requests for information by means of penalties which are effective , proportionate and dissuasive . ### information requested shall be supplied within a reasonable period set by the national competent authority and not exceeding one month . in justified cases , the national competent authority may extend the time limit for submission of information by a maximum of two weeks . the national competent authority shall be able to enforce requests for information by means of penalties which are effective , proportionate and dissuasive .


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


### authorisations shall be issued in agreement with the competent authorities of all the member states in whose territories passengers are picked up or set down and are carried over distances of less than 100 kilometres as the crow flies . the authorising authority shall send a copy of the application , together with copies of any other relevant documentation , within two weeks of receipt of the application to such competent authorities with a request for their agreement . at the same time , the authorising authority shall forward those documents to the competent authorities of other member states whose territories are crossed , for information . ### authorisations shall be issued in agreement with the competent authorities of all the member states in whose territories passengers are picked up or set down . the authorising authority shall send a copy of the application , together with copies of any other relevant documentation , within two weeks of receipt of the application to such competent authorities with a request for their agreement . at the same time , the authorising authority shall forward those documents to the competent authorities of other member states whose territories are crossed . these authorities of the member states whose territories are crossed without passengers being picked up or set down may notify the authorising authority of their comments within three months .


### authorisation shall be granted unless refusal can be justified on one or more of the grounds listed in points to of article 8c . ### authorisation shall be granted unless the competent authorities of the member states whose agreement has been requested decide to limit market access in accordance with article 8d and / or refusal can be justified on one or more of the grounds listed in points to of article 8c .


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


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


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


### proposal for a regulation of the european parliament and of the council laying down rules on the making available on the market of ce marked fertilising products and amending regulations no 1069 / 2009 and no 1107 / 2009 ### proposal for a regulation of the european parliament and of the council for a regulation of the european parliament and the council on laying down rules on the making available on the market of eu fertilising products and amending regulations no 1069 / 2009 and no 1107 / 2009


### 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 .


### products complying with all the requirements of this regulation should be allowed to move freely on the internal market . where one or more of the component materials in a ce marked fertilising product falls within the scope of regulation no 1069 / 2009 of the european parliament and of the council18 , but reaches a point in the manufacturing chain beyond which it no longer poses any significant risk to public or animal health , it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that regulation . such fertilising products should therefore be excluded from the requirements of that regulation . regulation no 1069 / 2009 should therefore be amended accordingly . _________________ 18 regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 . ### an eu fertilising product complying with all the requirements of this regulation should be allowed to move freely on the internal market . the member state authorities may put in place a system of on - line registration of economic operators trading with eu fertilising products . the aim of the scheme is to facilitate an overview of the market in fertilising products regardless of their origin . economic operators are required to register online accordingly and update information about company activities relating eu fertilising products . the registration system will contribute to market surveillance and will be an alternative source of information for farmers on the market for eu fertilising products . where one or more of the component materials [ . . . ] is a derived product within the scope of regulation no 1069 / 2009 of the european parliament and of the council , but has reached [ . . . ] a point in the manufacturing chain beyond which it no longer poses any significant risk to public or animal health , it would represent an unnecessary administrative burden to continue subjecting the product to the provisions of that regulation . such fertilising products should therefore be excluded from the requirements of that regulation . regulation no 1069 / 2009 should therefore be amended accordingly . _________________ 18 regulation no 1069 / 2009 of the european parliament and of the council of 21 october 2009 laying down health rules as regards animal by - products and derived products not intended for human consumption and repealing regulation no 1774 / 2002 .


### products with one or more functions , one of which is covered by the scope of regulation no 1107 / 2009 , should remain under the control tailored for such products and provided for by that regulation . where such products also have the function of a fertilising product , it would be misleading to provide for their ce marking under this regulation , since the making available on the market of a plant protection product is contingent on a product authorisation valid in the member state in question . therefore , such products should be excluded from the scope of this regulation . ### products placed on the market which have an intended use for one or more functions , at least one of which is covered by the scope of regulation no 1107 / 2009 , are plant protection products and remain under the control tailored for such products and provided for by that regulation . where such products also have the function of a fertilising product , it would be misleading to provide for their ce marking under this regulation , since the making available on the market of a plant protection product is contingent on a product authorisation valid in the member state in question . therefore , such products should be excluded from the scope of this regulation . products containing components registered under regulation no 1107 / 2009 can have one or more fertilising functions and therefore be covered by the scope of this regulation .


### products with one or more functions , one of which is covered by the scope of regulation no 1107 / 2009 , should remain under the control tailored for such products and provided for by that regulation . where such products also have the function of a fertilising product , it would be misleading to provide for their ce marking under this regulation , since the making available on the market of a plant protection product is contingent on a product authorisation valid in the member state in question . therefore , such products should be excluded from the scope of this regulation . ### products with one or more functions , one of which is covered by the scope of regulation no 1107 / 2009 , should remain under the control tailored for such products and provided for by that regulation . where such products also have the function or the action of a fertilising product , it would be misleading to provide for their ce marking under this regulation , since the making available on the market of a plant protection product is contingent on a product authorisation valid in the member state in question . therefore , such products should be excluded from the scope of this regulation .


### the existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to ce marked fertilising products presenting an unacceptable risk to human , animal or plant health , to safety or to the environment . it should also allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an early stage in respect of such fertilising products . ### the existing system should be supplemented by a procedure under which all interested parties , including health and consumers stakeholders , are informed of measures intended to be taken with regard to ce marked fertilising products presenting a risk to human , animal or plant health , to safety or to the environment . it should also allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an early stage in respect of such fertilising products .


### animal by - products which are subject to the requirements of regulation no 1069 / 2009 , ### animal by - products which are subject to the requirements of regulation no 1069 / 2009 used for purposes other than fertiliser production ,


### when deemed appropriate with regard to the performance of , or the risks presented by , a ce marked fertilising product , manufacturers shall carry out sample testing of such fertilising products made available on the market , investigate , and , if necessary , keep a register of complaints , of non - conforming ce marked fertilising products and recalls of such products , and shall keep distributors informed of any such monitoring . ### when deemed appropriate with regard to the performance of , or the risks presented by , a ce marked fertilising product , manufacturers shall carry out sample testing of such fertilising products made available on the market , investigate , and keep a register of complaints , of non - conforming ce marked fertilising products and recalls of such products , and shall keep distributors and market surveillance authorities informed of any such monitoring .


### when deemed appropriate with regard to the performance of or the risks presented by a ce marked fertilising product , importers shall carry out sample testing of such fertilising products made available on the market , investigate , and , if necessary , keep a register of complaints , of non - conforming ce marked fertilising products and recalls of such products , and shall keep distributors informed of any such monitoring . ### when deemed appropriate with regard to the performance of or the risks presented by a ce marked fertilising product , importers shall carry out sample testing of such fertilising products made available on the market , investigate , and , keep a register of complaints , of non - conforming ce marked fertilising products and recalls of such products , and shall keep distributors informed of any such monitoring .


### manufacturers shall indicate their name , registered trade name or registered trade mark and the postal address at which they can be contacted on the packaging of the ce marked fertilising product or , where the fertilising product is supplied without packaging , in a document accompanying the fertilising product . the postal address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in a language easily understood by end - users and market surveillance authorities . ### manufacturers shall indicate their name , registered trade name or registered trade mark and the postal address at which they can be contacted on the packaging of the ce marked fertilising product or , where the fertilising product is supplied without packaging , in a document accompanying the fertilising product . the postal address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in a language easily understood by end - users and market surveillance authorities as determined by the member state concerned , and shall be clear , understandable and intelligible .


### importers shall ensure that the ce marked fertilising product is labelled in accordance with annex iii in a language which can be easily understood by end - users , as determined by the member state concerned . ### importers shall ensure that the eu fertilising product is labelled in accordance with annex iii , or where the fertilising product is supplied without packaging , the required information is provided in a document accompanying the eu fertilising product . i information required under annex iii shall be in a language which can be easily understood by end - users , as determined by the member state concerned .


### before making an ce marked fertilising product available on the market distributors shall verify that it is accompanied by the eu declaration of conformity and by the required documents , that it is labelled in accordance with annex iii in a language which can be easily understood by end - users in the member state in which the ce marked fertilising product is to be made available on the market , and that the manufacturer and the importer have complied with the requirements set out in article 6 and and article 8 respectively . ### before making an eu fertilising product available on the market distributors shall verify that it is accompanied by the eu declaration of conformity and by the required documents , that it is labelled in accordance with annex iii in a language which can be easily understood by end - users in the member state in which the eu fertilising product is to be made available on the market , and that the manufacturer and the importer have complied with the requirements set out in article 6 and and article 8 respectively . where the eu fertilising product is supplied without packaging , distributors must verify whether the necessary information is provided in the documents accompanying the product . that information must also be in a language that can be easily understood by end - users in the member state in which the eu fertilising product will be marketed .


### the ce marking shall be affixed visibly , legibly and indelibly to the accompanying documents and , where the ce marked fertilising product is supplied in a packaged form , to the packaging . ### the ce marking shall be affixed visibly , legibly and indelibly to the eu fertiliser product packaging and , where the eu fertilising product is not supplied in a packaged form , on the accompanying documents .


### 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 ce marked fertilizing product based on waste 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 , once the declaration of conformity has been elaborated .


### the notifying member state shall provide the commission , on request , with all information relating to the basis for the notification or the maintenance of the competence of the notified body concerned . ### the notifying authorities shall provide the commission , on request , with all information relating to the basis for the notification or the maintenance of the competence of the notified body concerned .


### where , having carried out an evaluation under article 37 , a member state finds that although a ce marked fertilising product is in compliance with this regulation it presents an unacceptable risk to human , animal or plant health , to safety or to the environment , it shall require the relevant economic operator to take all appropriate measures within a reasonable period to ensure that the fertilising product concerned , when placed on the market , no longer presents that risk , to withdraw the fertilising product from the market or to recall it . ### where , having carried out an evaluation under article 37 , a member state finds that although a ce marked fertilising product is in compliance with this regulation it presents a risk to human , an unacceptable risk to animal or plant health , to safety or to the environment , it shall require the relevant economic operator to take all appropriate measures within a reasonable period to ensure that the fertilising product concerned , when placed on the market , no longer presents that risk , to withdraw the fertilising product from the market or to recall it .


### a plant biostimulant shall be a ce marked fertilising product stimulating plant nutrition processes independently of the product ' s nutrient content with the sole aim of improving one or more of the following characteristics of the plant : ### a plant biostimulant shall be a ce marked fertilising product containing any naturally occurring substances or microorganisms stimulating plant nutrition processes independently of the product ' s nutrient content or any combination of such substances and / or microorganisms , with the sole aim of improving one or more of the following characteristics of the plant :


### inorganic fertiliser ### mineral fertiliser


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


### the ce marked fertilising product shall contain more than one of the following declared nutrients in the minimum quantities stated : ### the ce marked fertilising product shall contain more than one of the primary declared nutrients in the minimum quantities stated :


### the ce marked fertilising product shall contain one of the following declared nutrients in the minimum quantity stated : ### the ce marked fertilising product shall contain one of the primary declared nutrients in the minimum quantity stated :


### - 1 , 5% by mass of total phosphorus pentoxide , ### - 1 , 5% by mass of phosphorus pentoxide soluble in neutral ammonium citrate and water ,


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


### a liming material shall be a ce marked fertilising product aimed at correcting soil acidity , and containing oxides , hydroxides , carbonates or silicates of the nutrients calcium or magnesium . ### a liming material shall be a ce marked product aimed at correcting soil acidity , and containing oxides , hydroxides , carbonates or silicates of the nutrients calcium or magnesium .


### a liming material shall be a ce marked fertilising product aimed at correcting soil acidity , and containing oxides , hydroxides , carbonates or silicates of the nutrients calcium or magnesium . ### a liming material shall be a ce marked fertilising product aimed at correcting soil acidity , and containing oxides , hydroxides , carbonates or / and silicates of the nutrients calcium or magnesium .


### a ce marked fertilising product may contain substances and mixtures , other than39 __________________ 39 the exclusion of a material from cmc 1 does not prevent it from being an eligible component material by virtue of another cmc stipulating different requirements . see , for instance , cmc 11 on animal by - products , cmcs 9 and 10 on polymers , and cmc 8 on agronomic additives . ### a ce marked fertilising product may contain substances and mixtures , including technical additives , other than39 __________________ 39 the exclusion of a material from cmc 1 does not prevent it from being an eligible component material by virtue of another cmc stipulating different requirements . see , for instance , cmc 11 on animal by - products , cmcs 9 and 10 on polymers , and cmc 8 on agronomic additives .


### animal by - products of categories 2 and 3 according to regulation no 1069 / 2009 ; ### products derived from animal by - products referred to in article 32 of regulation no 1069 / 2009 for which the end point in the manufacturing chain has been reached in accordance with article 5of that regulation ;


### a ce marked fertilising product may contain a compliant nitrification inhibitor , as referred to in pfc 5 of annex i , only if at least 50% of the total nitrogen content of the fertilising product consists of the nitrogen forms ammonium and urea . ### a ce marked fertilising product may contain a compliant nitrification inhibitor , as referred to in pfc 5 of annex i , only if at least 50% of the total nitrogen content of the fertilising product consists of the nitrogen forms ammonium or ammonium and urea .


### the declared nutrients magnesium , calcium , sulphur or sodium , by their chemical symbols in the order mg - ca - s - na ; ### the declared nutrients calcium , magnesium , sodium or sulphur by their chemical symbols in the order ca - mg - na - s ;


### –total phosphorus pentoxide ; ### –phosphorus pentoxide soluble in neutral ammonium citrate and water :


### –where soft ground phosphate is present , phosphorus pentoxide soluble in formic acid ; ### –phosphorus pentoxide only soluble in mineral acids ;


### the declared micronutrients in the ce marked fertilising product shall be listed by their names and chemical symbols in the following order : boron , cobalt , copper , iron , manganese , molybdenum and zinc , followed by the name of their counter - ion , ### the declared micronutrients in the ce marked fertilising product shall be listed by their names and chemical symbols in the following order : boron , cobalt , copper , iron , manganese , molybdenum , selenium , silicon and zinc , followed by the name of their counter - ion ,


### forms for the declared nutrient and other declared quality criteria electric conductivity ph quantity by volume quantity determination of materials with particle size greater than 60 mm quantity determination of pre - shaped gm water - soluble nitrogen water - soluble phosphorus pentoxide water - soluble potassium oxide forms for the declared nutrient and other declared quality criteria electric conductivity ph quantity by volume quantity determination of materials with particle size greater than 60 mm quantity determination of pre - shaped gm water - soluble nitrogen water - soluble phosphorus pentoxide water - soluble potassium oxide ### permissible tolerances for the declared parameter ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 0 , 7 at the time of manufacture ± 1 , 0 at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 25% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 75% relative deviation at any time in the distribution chain permissible tolerances for the declared parameter ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain ± 0 , 7 at the time of manufacture ± 0 , 9 at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain - 5% relative deviation at the time of manufacture - 15% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain ± 50% relative deviation at the time of manufacture ± 60% relative deviation at any time in the distribution chain


### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union , any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority . ### to guarantee its full autonomy and independence , the authority should be granted an autonomous budget , with revenue coming from the general budget of the union , any voluntary financial contribution from the member states and any contribution from third countries participating in the work of the authority . in exceptional and duly justified cases it should also be in the position to receive delegation agreements or ad hoc grants , and to charge for publications and any service provided by the authority . the contribution from the union budget should not be to the detriment of other union programmes .


### facilitate access to information by individuals and employers on rights and obligations in cross - border situations as well as access to cross - border labour mobility services , in accordance with articles 6 and 7 ; ### facilitate access to information by individuals , employees , and employers on rights and obligations in cross - border situations as well as access to cross - border labour mobility services , in accordance with articles 6 and 7 ;


### provide relevant information on the rights and obligations of individuals in cross - border labour mobility situations ; ### provide relevant information on the rights and obligations of individuals in cross - border labour mobility situations , including information on their social rights such as administrative , employment , health and housing services ;


### provide relevant information to employers on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers ; ### provide relevant information to the social partners on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers ;


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall issue semi - annual reports on its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . these reports shall be made publicly available .


### 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 .


### each year , the executive director shall draw up a draft single programming document containing in particular multi - annual and annual programming in accordance with commission delegated regulation no 1271 / 201373 and taking into account guidelines set by the commission . __________________ 73 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council . ### each year , the executive director shall draw up a draft single programming document containing in particular multi - annual and annual programming in accordance with commission delegated regulation no 1271 / 201373 and taking into account guidelines set by the commission , as well as the recommendations of the inter - institutional working group on agencies ' resources . __________________ 73 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council .


### the translation services required for the functioning of the authority shall be provided by the translation centre of the bodies of the european union . ### the translation services required for the functioning of the authority shall be provided by the translation centre of the bodies of the european union or other translation service providers in accordance with the procurement rules and within the limits established by the relevant financial rules .


### in order to facilitate the combating of fraud , corruption and other unlawful activities in accordance with regulation no 883 / 2013 , within six months from the day that the authority becomes operational , it shall accede to the interinstitutional agreement of 25 may 1999 concerning internal investigations by olaf and adopt appropriate provisions applicable to all employees of the authority using the template set out in the annex to that agreement . ### in order to facilitate the combating of fraud , corruption and other unlawful activities in accordance with regulation no 883 / 2013 from the day that the authority becomes operational , it shall accede to the interinstitutional agreement of 25 may 1999 concerning internal investigations by olaf and adopt appropriate provisions applicable to all employees of the authority using the template set out in the annex to that agreement .


### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union ' s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20% of the official development assistance funded under this regulation to social inclusion and human development , including gender equality and women ' s empowerment . ### pursuant to the sustainable development goals , this regulation should contribute to reinforced monitoring and reporting with a focus on results , covering outputs , outcomes and impacts in partner countries benefiting from the union ' s external financial assistance . in particular , as agreed in the consensus , actions under this regulation are expected to contribute 20% of the official development assistance funded under this regulation to social inclusion and human development , including gender equality and women ' s empowerment and also the inclusion of people with disabilities .


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


### 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 .


### 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 .


### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , further stability and peace and address other global challenges including migration and mobility ; ### at global level , to consolidate and support democracy , rule of law and human rights , support civil society organisations , social equality , further stability and peace and address other global challenges including root causes of irregular migration and forcible displacement , poverty and climate disasters ;


### a rights - based approach encompassing all human rights , whether civil and political or economic , social and cultural shall be applied in order to integrate human rights principles , to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations . this regulation shall promote gender equality and women’s empowerment . ### a rights - based approach encompassing all human rights , whether civil and political or economic , social and cultural shall be applied in order to integrate human rights principles , to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations . this regulation shall give particular attention to the needs of children and youth and shall promote gender equality and women’s empowerment .


### without prejudice to paragraph 4 , actions shall be based , to the extent possible , on a dialogue between the union , the member states and the partner countries concerned , including national and local authorities , involving civil society , national and local parliaments and other stakeholders , in order to enhance ownership of the process and to encourage support for national and regional strategies ; ### without prejudice to paragraph 4 , actions shall be based on an inclusive dialogue between the union , the member states and the partner countries concerned , including national and local authorities , involving civil society , including representatives of children , older persons , persons with disabilities , lgbti persons and indigenous peoples , national , local parliaments and communities and other relevant stakeholders in order to enhance ownership of the process and to encourage support for national and regional strategies ;


### promoting the fight against discrimination in all its forms , and the principle of equality , in particular gender equality and the rights of persons belonging to minorities ; ### promoting the fight against discrimination in all its forms , and the principle of equality , in particular gender equality and the rights of children and persons belonging to minorities , lgbti persons and indigenous peoples ;


### promoting inclusive and equitable quality formal , informal and non - formal education for all , at all levels and including technical and vocational training , including in emergency and crisis situations , and including through the use of digital technologies to improve education teaching and learning ; ### promoting inclusive and equitable quality formal , informal and non - formal education for all , at all levels and including early childhood development , technical and vocational training , including in emergency and crisis situations , and including through the use of digital technologies to improve education teaching and learning ;


### member states shall ensure that national competition authorities have the human , financial and technical resources that are necessary for the effective performance of their duties and exercise of their powers when applying articles 101 and 102 tfeu as defined in paragraph 2 . ### member states shall ensure that national competition authorities have the human , financial , technical and technological resources that are necessary for the effective performance of their duties , including their consultative role , and exercise of their powers when applying articles 101 and 102 tfeu as defined in paragraph 2 .


### 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 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 should be set at 10% of its relevant turnover in the&#160 ; member state where the infringement took place based on the business year preceding the decision .


### member states shall ensure that current and former employees and directors of applicants for immunity from fines to competition authorities are protected from any criminal and administrative sanctions and from sanctions imposed in non - criminal judicial proceedings for their involvement in the secret cartel covered by the application , if these employees and directors actively cooperate with the competition authorities concerned and the immunity application predates the start of the criminal proceedings . ### member states shall ensure that current and former employees and directors of applicants for immunity from fines to competition authorities are protected from any criminal and administrative sanctions and from sanctions imposed in non - criminal judicial proceedings for their involvement in the secret cartel covered by the application , including in cross - border cases , if these employees and directors actively cooperate with the competition authorities concerned and the immunity application predates the start of the criminal proceedings .


### the union and its member states have been endeavouring to advance international agreement to reduce greenhouse gas impacts from aviation since 1997 and they have legislation in place since 2008 to limit the climate change impacts from aviation activities through the eu emissions trading system that has been operating since 2005 . in order to advance progress at the international civil aviation organization , the union has twice adopted time - bound derogations to the eu ets so as to limit compliance obligations to emissions from flights between aerodromes situated in the european economic area , with equal treatment on routes of aircraft operators wherever they are based . the most recent derogation from the eu ets , regulation no 421 / 2014 of the european parliament and of the council , limited compliance obligations to intra - eea flights between 2013 and 2016 , and envisaged potential changes to the scope of the system as regards activity to and from aerodromes situated outside the eea from 1 january 2017 onwards following the review set out in that regulation . ### the union and its member states have been endeavouring to advance international agreement to reduce greenhouse gas impacts from aviation since 1997 and they have legislation in place since 2008 to limit the climate change impacts from aviation activities through the eu emissions trading system that has been operating since 2005 . in december 2011 , the court of justice of the european union ruled that the inclusion of extra - eea flights in the eu ets does not violate international law . in order to advance progress at the international civil aviation organization , the union has twice adopted time - bound derogations to the eu ets so as to limit compliance obligations to emissions from flights between aerodromes situated in the european economic area , with equal treatment on routes of aircraft operators wherever they are based . the most recent derogation from the eu ets , regulation no 421 / 2014 of the european parliament and of the council , limited compliance obligations to intra - eea flights between 2013 and 2016 , and envisaged potential changes to the scope of the system as regards activity to and from aerodromes situated outside the eea from 1 january 2017 onwards following the review set out in that regulation .


### proposal for a regulation of the european parliament and of the council establishing a framework on market access to port services and financial transparency of ports ### proposal for a regulation of the european parliament and of the council establishing a framework on ports


### proposal for a regulation of the european parliament and of the council establishing a framework on market access to port services and financial transparency of ports ### proposal for a directive of the european parliament and of the council establishing a framework on market access to port services and financial transparency of 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 . ### a significant proportion of union maritime traffic transits through the core seaports of the trans - european transport network . in order to achieve the aim of this regulation in a proportionate way and in recognition of the extra support for those ports through union measures and funding , this regulation should apply only to the core ports of the trans - european network . future consideration may be given to its extension subject to appropriate consultation and impact assessment .


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


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


### the 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 .


### it is necessary to impose on the managing body of the port which receives public funds , when it is also acting as a service provider , an obligation to keep separate accounts for activities carried out in their capacity as managing body of the port from those carried out on a competitive basis in order to ensure a level playing field , transparency in the allocation and use of public funds and to avoid market distortions . in any case compliance with the state aid rules should be ensured . ### it is necessary to impose on the managing body of the port which receives public funds , when it is also acting as a service provider , an obligation to keep separate accounts for publicly funded activities carried out in their capacity as managing body of the port from those carried out on a competitive basis in order to ensure a level playing field , transparency in the allocation and use of public funds and to avoid market distortions . in any case compliance with the state aid rules should be ensured .


### 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 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 .


### 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 .


### adequate facilities should be in place to ensure that the users of the ports which are requested to pay a port infrastructure charge and / or a port service charge are regularly consulted when the port infrastructure charge and the port service charge are defined and changed . the managing bodies of the ports should also regularly consult other stakeholders on key issues related to the sound development of the port , its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports . ### adequate facilities should be in place to ensure that users of ports are regularly consulted . the managing bodies of the ports should also regularly consult stakeholders on key issues related to the sound development of the port , its performance and its capacity to attract and generate economic activities such as the coordination of port services within the port area and the efficiency of the connections with the hinterland and of the administrative procedures in ports .


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


### common rules on the financial transparency and charges to be applied by managing bodies or providers of port services . ### common rules on the financial transparency of port services covered by this regulation .


### common rules on the financial transparency and charges to be applied by managing bodies or providers of port services . ### common rules on the financial transparency and charges to be applied by managing bodies or providers of seaport services .


### this regulation shall apply to all seaports of the trans - european transport network , as defined in annex i of regulation xxx [ regulation on the ten - t guidelines ] . ### this regulation shall apply to all seaports of the trans - european transport core network , as defined in annex i of regulation xxx [ regulation on the ten - t guidelines ] .


### ‘ 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 ;


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


### 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 to any vessel which the port may receive , at all berths , in normal and safe conditions , in a continuous manner , and the technical and financial capacity to maintain this equipment at the appropriate level ;


### 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


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


### when a managing body of a port provides port services itself or through a legally distinct entity which it directly or indirectly controls , the member state may entrust the adoption of the decision limiting the number of providers of port services to an authority which is independent from the managing body of the port . if the member state does not entrust the adoption of the decision limiting the number of providers of port services to such an authority , the number of providers shall not be less than two . ### when a managing body of a port , or a competent authority , provides port services itself or through a legally distinct entity which it directly or indirectly controls , the member state has to take necessary measures to avoid conflicts of interest . if those measures are not taken , the number of providers shall not be less than two , unless any of the reasons listed in paragraph 1 justifies a limitation to a single provider .


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


### procedure for the limitation of the number of providers of port services ### proceeding by the choice of providers of port services in case of control of their number


### any limitation of the number of providers for a port service in accordance with article 6 shall follow a selection procedure which shall be open to all interested parties , non - discriminatory and transparent . ### in the case of control of the number of providers for a port service in accordance with article 6 , the managing body of the port or the competent authority shall follow a procedure to select providers of port services which shall be open to all interested parties , non - discriminatory and transparent .


### for the purposes of this regulation , a substantial modification within the meaning of directive … . / … [ concession ] of the provisions of a port service contract during its term shall be considered as a new port service contract and shall require a new procedure as referred to in paragraph 2 . ### for the purposes of this regulation , a substantial modification of the provisions of a port service contract during its term shall be considered as the conclusion of a new port service contract and shall call for a new procedure as referred to in paragraph 1 . this covers cases when the modification renders the contract materially different in character from the one originally concluded , including when the scope of the port service contract is considerably extended .


### paragraphs 1 to 5 of this article shall not apply in the cases referred to in article 9 . ### paragraphs 1 , 1a and 5 of this article shall not apply in the cases referred to in article 6 and article 9 .


### 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 .