### when the competent authority designated in accordance with paragraph 3 is different from the managing body of the port , that competent authority shall exercise the powers provided for in articles 6 and 7 concerning the limitation of the number of providers of port services based on public service obligations . ### when the managing body of the port is not the competent authority or member state , that competent authority or member state shall exercise the powers provided for in articles 6 concerning the limitation of the number of providers of port services based on public service obligations .


### if a competent authority decides to impose public service obligations in all the seaports covered by this regulation in a member state , it shall notify these obligations to the commission . ### if a member state decides to impose public service obligations in all its seaports covered by this regulation , it shall notify these obligations to the commission .


### in the event of a disruption of port services for which public service obligations are imposed or when an immediate risk of such a situation occurs , the competent authority may take an emergency measure . the emergency measure may take the form of a direct award so as to attribute the service to a different provider for a period up to one year . during that time period , the competent authority shall either launch a new procedure to select a provider of port service in accordance with article 7 or shall apply article 9 . ### collective actions should be taken into account only when all other possible ways of dialogue and possible alternative solutions have been explored to keep from negative impact on port activities . emergency measures can be taken in situations where collective actions cannot be avoided thus causing disruptions of port .


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


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


### without prejudice to national and union law including collective agreements between social partners , the managing bodies of the port may require the designated provider of port services appointed in accordance with the procedure established by article 7 , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . ### without prejudice to relevant union and national law including rules on collective agreements between social partners , the managing bodies of the port or the competent authority shall require the designated provider of port services appointed , in the case where this provider is different from the incumbent provider of port services , to grant staff previously taken on by the incumbent provider of port services the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec . in the case of a port service governed by a public service obligation , the managing bodies of the port or the competent authority shall require the designated provider , where this provider is different from the incumbent provider of port services , to carry out the obligatory transfer of staff and to ensure that the staff are accorded the rights to which they would have been entitled if there had been a transfer within the meaning of directive 2001 / 23 / ec .


### where the managing body of the port that receives public funds provides port services itself , it shall keep the accounts of each port service activity separate from the accounts of its other activities , in such a way that : ### where the managing body of the port that receives public funds provides port services itself , it shall keep the accounts of each port service activity or investment separate from the accounts of its other activities , in such a way that :


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


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


### the managing body of the port shall regularly consult stakeholders such as undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators and public administrations operating in the port area on the following : ### the managing body of the port shall regularly consult stakeholders such as undertakings established in the port , providers of port services , operators of waterborne vessels , workers&#700 ; representatives , cargo owners , land transport operators and public administrations operating in the port area on the following :


### the managing body of the port shall regularly consult stakeholders such as undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators and public administrations operating in the port area on the following : ### the managing body of the port shall regularly consult stakeholders such as undertakings established in the port , providers of port services , operators of waterborne vessels , cargo owners , land transport operators , port workers , and public administrations operating in the port area , inhabitants in and near to the port area and representatives of environmental non - governmental organisations on the following :


### the independent supervisory body shall be legally distinct from and functionally independent of any managing body of the port or providers of port services . member states that retain ownership or control of ports or port managing bodies shall ensure an effective structural separation between the functions relating to the supervision and monitoring of this regulation and the activities associated with that ownership or control . the independent supervisory body shall exercise its powers impartially and transparently and with due respect to the right to freely conduct business . ### the independent supervisory body shall be legally distinct from and functionally independent of any managing body of the port or providers of port services . member states that retain ownership or control of ports or port managing bodies shall ensure an effective structural separation between the functions relating to the supervision and monitoring of this regulation and the activities associated with that ownership or control . the independent supervisory body shall exercise its powers impartially and transparently and with due respect to the right to freely conduct business . the supervisory bodies of member states shall be coordinated by an independent european supervisory body , which shall be competent in the event of a cross - border dispute or complaint or a dispute with other international authorities .


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


### any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this regulation by the competent authorities , by the managing body of the port or by the independent supervisory body to an appeal body which is independent of the parties involved . this appeal body may be a court . ### any party with a legitimate interest shall have the right to appeal against the decisions or individual measures taken under this regulation by the competent authorities , by the managing body of the port or by the body designated pursuant to article 17 to an appeal body which is independent of the parties involved . this appeal body may be a court .


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


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


### it shall apply with effect from 1 july 2015 . ### it shall apply with effect from . . . * . * oj : please insert the date : 36 months after the entry into force of this regulation .


### it shall apply with effect from 1 july 2015 . ### it shall apply with effect from . . . * . __________________ * oj : please insert the date : 24 months after the entry into force of this regulation .


### assignment of claims arising from matrimonial property regimes , property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage , and wills and succession ; ### assignment of claims arising from matrimonial property regimes , property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage including registered partnerships , wills and succession ;


### claims arising from a financial instrument . ### claims arising from financial instruments .


### this regulation sets out the necessary legislative foundation for a reliable and transparent governance that ensures the achievement of the objectives and targets of the energy union through complementary , coherent and ambitious efforts by the union and its member states , while promoting the union ' s better regulation principles . ### this regulation sets out the necessary legislative foundation for a reliable and transparent governance that ensures the achievement of the objectives of the energy union and the targets of the paris agreement through complementary , coherent and ambitious efforts by the union and its member states , while promoting the union ' s better regulation principles .


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


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


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


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


### a description of the policies and measures foreseen to meet the corresponding objectives , targets and contributions set out under point ; ### a description of the policies , measures and investment strategies foreseen to meet the corresponding objectives , targets and contributions set out under point ;


### an assessment of the impacts of the planned policies and measures to meet the objectives referred to in point ; ### an assessment of the impacts of the planned policies , measures and investment strategies to meet the objectives referred to in point ;


### the member state ' s binding national target for greenhouse gas emissions and the annual binding national limits pursuant to regulation [ ] [ esr ] ; ### the member state ' s binding national target for greenhouse gas emissions and the annual binding national limits pursuant to regulation [ ] [ esr ] , but not falling short of the targets set in article 7a of directive 98 / 70 / ec [ esr ] to be attained by 2020 ;


### the macroeconomic , environmental , skills and social impact of the planned policies and measures referred to in article 7 and further specified in annex i , for the first ten - year period at least until the year 2030 including a comparison with the projectionsbased onexisting policies and measures referred to in paragraph 1 ; ### the macroeconomic , environmental , health , skills and social impact of the planned policies and measures referred to in article 7 and further specified in annex i , for the first ten - year period at least until the year 2030 including a comparison with the projections of existing policies and measures referred to in paragraph 1 ;


### emissions reductions and enhancement of removals in individual sectors including electricity , industry , transport , the buildings sector , agriculture and land use , land - use change and forestry ; ### emissions reductions and enhancement of removals in individual sectors including electricity , industry , transport , the buildings sector , agriculture and land use , land - use change and forestry ; it is therefore necessary to conserve natural carbon sinks and to enhance ecosystem services ;


### if , on the basis of its assessment of the integrated national energy and climate plans and their updates pursuant to article 12 , the commission concludes that the targets , objectives and contributions of the national plans or their updates are insufficient for the collective achievement of the energy union objectives and , in particular , for the first ten - years period , for the union ' s 2030 targets for renewable energy and energy efficiency , it shall take measures at union level in order to ensure the collective achievement of those objectives and targets . with regard to renewable energy , such measures shall take into consideration the level of ambition of contributions to the union ' s 2030 target by member states set out in the national plans and their updates . ### if , on the basis of its assessment of the integrated national energy and climate plans and their updates pursuant to article 12 , the commission concludes that the targets , objectives and contributions of the national plans or their updates are insufficient for the collective achievement of the energy union objectives and , in particular , for the first ten - years period , for the union ' s 2030 targets for renewable energy and energy efficiency , it shall take measures at union level in order to ensure the collective achievement of those objectives and targets . with regard to renewable energy , such measures and , in particular , the financing platform&#160 ; set up at union level to contribute to renewable energy projects , shall take into consideration the level of ambition of contributions to the union ' s 2030 target by member states set out in the national plans and their updates .


### policies and measures to achieve the target set under regulation [ ] [ esr ] as referred to in 2 . 1 . 1 and policies and measures to comply with regulation [ ] [ lulucf ] , covering all key emitting sectors and sectors for the enhancement of removals , with an outlook to the long - term vision and goal to become a low - carbon economy with a 50 years perspective and achieving a balance between emissions and removals in accordance with the paris agreement ### policies and measures to achieve the target set under regulation [ ] [ esr ] as referred in 2 . 1 . 1 and policies and measures to comply with regulation [ ] [ lulucf ] and the target for enhancing removals from sinks , covering all key emitting sectors and sectors for the enhancement of removals , including incentives to implement and support , including through result - based payment , actions relating to mitigation and adaptation approaches for the integral and sustainable management of forests , cropland , grassland and wetland going beyond standard good practice and set baseline , with an outlook to the long - term vision and goal to become a low - carbon economy with a 50 years perspective and achieving a balance between emissions and removals in accordance with the paris agreement


### union support in the fields of the protection of the financial interests of the union , of irregularity reporting , and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme , the eu anti - fraud programme , with a view to increasing synergies and budgetary flexibility , and to simplifying management . ### union support in the fields of the protection of the financial interests of the union , of irregularity reporting , and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme , the eu anti - fraud programme , with a view to increasing synergies and budgetary flexibility , and to simplifying management . in addition , avoiding duplication and finding synergies between the eu anti - fraud programme and other relevant programmes in areas such as justice , customs , and home affairs will be explored in the context of the preparation of the annual work programmes .


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


### the union and the member states have set themselves the objective of laying down the measures necessary for the use of the euro as a single currency . those measures include protecting the euro against counterfeiting and related fraud , thus empowering the effectiveness of the union ' s economy and securing the sustainability of public finances . ### the union and the member states have set themselves the objective of laying down the measures necessary for the use of the euro as a single currency . those measures include protecting the euro against counterfeiting and related fraud to ensure the effectiveness of the union ' s economy and secure the sustainability of public finances .


### actions with the aim of promoting exchanges of information and staff , technical and scientific assistance and specialised training help significantly to protect the union’s single currency against counterfeiting and related fraud and therefore to attain a high and equivalent level of protection across the union , whilst demonstrating the union’s ability to tackle serious organised crime . ### actions with the aim of promoting exchanges of information and staff , technical and scientific assistance and specialised training help significantly to protect the union’s single currency against counterfeiting and related fraud and therefore to attain a high and equivalent level of protection across the union , whilst demonstrating the union’s ability to tackle serious organised crime , which can reduce the effectiveness of the eu internal market .


### a programme for the protection of the euro against counterfeiting contributes to raising the awareness of union citizens , improving the protection of the euro , especially through the constant dissemination of results of actions supported by that programme . ### a programme for the protection of the euro against counterfeiting contributes to raising the awareness of union citizens , increasing their confidence in that currency and improving the protection of the euro , especially through the constant dissemination of results of actions supported by that programme .


### in the communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its eu added value , its long - term impact and the sustainability of its actions . ### in the communication to the european parliament and to the council on the mid - term evaluation of the pericles 2020 programme , the commission came to the conclusion that the continuation of the pericles 2020 programme beyond 2020 should be supported , given its eu added value , its long - term impact and the sustainability of its actions and contribution to combating organised crime .


### this regulation complies with the principles of added value and proportionality . the pericles iv programme should facilitate cooperation among the member states and between the commission and the member states in order to protect the euro against counterfeiting , without impinging on member states’ responsibilities , and using resources more efficiently than could be done at national level . action at union level is necessary and justified as it clearly assists member states in collectively protecting the euro and encourages the use of common union structures to increase cooperation and information exchange between competent authorities . ### this regulation complies with the principles of added value and proportionality . the pericles iv programme should facilitate cooperation among the member states and between the commission and the member states in order to protect the euro against counterfeiting , without impinging on member states’ responsibilities , and using resources more efficiently than could be done at national level . action at union level is necessary and justified as it clearly assists member states in collectively protecting the euro and encourages the use of common union structures to increase cooperation and timely and comprehensive information exchange between competent authorities .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin and ensure the transparency and visibility of the union funding , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public .


### on 6 may 2015 , the commission adopted ' a digital single market strategy for europe ' 30 in which it announced a review of directive 2010 / 13 / eu . __________________ 30 com 192 final ### on 6 may 2015 , the commission adopted ' a digital single market strategy for europe ' 30 in which it announced a review of directive 2010 / 13 / eu . on 19 january 2016 , the european parliament adopted the resolution ' towards a digital single market act ' 30a setting out what it would expect from the review . the european parliament has called for a review several times , on 4 july 2013 in its resolution ' connected tv ' 30b and on 12 march 2014 in its resolution ' preparing for a fully converged audiovisual world ' 30c and has indicated the objectives of that review . __________________ 30 com 192 final 30a p8_ta0009 30b p7_ta0329 30c p7_ta0232


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


### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines . ### certain widely recognised nutritional guidelines exist at national and international level , such as the who regional office for europe ' s nutrient profile model , in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children . member states should be encouraged to effectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt , sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced . self - regulation and co - regulation should contribute to this objective .


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


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


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


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms or social networks is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers are required to take effective measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to terrorism or incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin .


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


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


### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s role is to advise and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory authorities , and between the national regulatory authorities and the commission . __________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services . ### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s and the contact committee ' s role is to advise and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory authorities , and between the national regulatory authorities and the commission . __________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services .


### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s role is to advise and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory authorities , and between the national regulatory authorities and the commission . _________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services . ### with a view to ensuring the consistent application of the union audiovisual regulatory framework across all member states , the commission established erga by commission decision of 3 february 201436 . erga ' s role is to act as an independent expert advisory group and assist the commission in its work to ensure a consistent implementation of directive 2010 / 13 / eu in all member states , and to facilitate cooperation among the national regulatory bodies and authorities , and between the national regulatory bodies and authorities and the commission . _________________ 36 commission decision c 462 final of 3 february 2014 on establishing the european regulators group for audiovisual media services .


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


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


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child enshrined in the charter of fundamental rights of the european union . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the right to freedom of expression , the freedom to conduct a business , the right to judicial review and to promote the application of the rights of the child and the right to non - discrimination enshrined in the charter of fundamental rights of the european union .


### the service consists of the storage of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ; ### the service consists of : – the storage – or provision of access through streaming of a large amount of programmes or user - generated videos , for which the video - sharing platform provider does not have editorial responsibility ;


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


### ' sponsorship ' means any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or in the production of audiovisual works , to the financing of audiovisual media services or programmes with a view to promoting their name , trade mark , image , activities or products ; ### in article 1 , point is amended as follows : ' sponsorship ' means any contribution made by public or private undertakings or natural persons not engaged in providing audiovisual media services or video - sharing platform services or user - generated videos or in the production of audiovisual works , to the financing of audiovisual media services or video - sharing platform services , or user - generated videos or programmes with a view to promoting their name , trade mark , image , activities or products ;


### ' product placement ' means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product , a service or the trade mark thereof so that it is featured within a programme , in return for payment or for similar consideration ; ### in article 1 , point is amended as follows : ' product placement ' means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product , a service or the trade mark thereof so that it is featured within a programme or user - generated video , in return for payment or for similar consideration ;


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


### member states shall communicate to the commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based . they shall subsequently inform the commission without undue delay of any changes to that list . the commission shall ensure that the competent independent regulatory authorities have access to this information . ### member states shall communicate to the commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based . they shall subsequently inform the commission without undue delay of any changes to that list . the commission shall ensure that the competent independent regulatory authorities have access to this information . in accordance with the principle of transparency , the commission shall make the list referred to in this paragraph publicly accessible .


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


### the member state concerned has notified the media service provider , the member state which has jurisdiction over the provider and the commission in writing of the alleged contraventions and of the measures it intends to take should any such alleged contraventions occur again ; ### the member state concerned has notified the media service provider , the member state which has jurisdiction over the provider and the commission in writing of the alleged contravention and of the measures it intends to take should any such alleged contravention occur again ;


### the notifying member state has respected the rights of defence of the media services provider concerned and , in particular , has given the media services provider the opportunity to express its views on the alleged contraventions and the measures that that member state intends to take . it shall duly take into account those views as well as the views of the member state of jurisdiction . ### the notifying member state has respected the rights of defence of the media services provider concerned and , in particular , has given the media services provider the opportunity to express its views on the alleged contravention and the measures that that member state intends to take . it shall duly take into account those views as well as the views of the member state of jurisdiction .


### where the commission considers the notification as incomplete , it shall request all necessary additional information . the commission shall inform the member state of the receipt of the response to that request . ### where the commission considers the notification as incomplete , it shall request without delay all necessary additional information . the commission shall inform the member state of the receipt of the response to that request .


### paragraphs 3 and 4 shall be without prejudice to the application of any procedure , remedy or sanction to the contraventions in question in the member state which has jurisdiction over the media service provider concerned . ### paragraphs 3 and 4 shall be without prejudice to the application of any procedure , remedy or sanction to the contravention in question in the member state which has jurisdiction over the media service provider concerned .


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


### member states shall , by appropriate means , ensure , within the framework of their legislation , that media service providers under their jurisdiction effectively comply with the provisions of this directive . ### paragraph 6 is deleted ;


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


### ‘ article 8 member states shall ensure that media service providers under their jurisdiction do not transmit cinematographic works outside periods agreed with the rights holders . ’ ### article 8 is deleted ;


### article 9 is amended as follows : paragraph 2 is replaced by the following : ‘ 2 . member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars . those codes should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and beverages that are high in salt , sugars or fat or that otherwise do not fit national or international nutritional guidelines . those codes should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and beverages . the commission and erga shall encourage the exchange of best practices on self - and co - regulatory systems across the union . where appropriate , the commission shall facilitate the development of union codes of conduct . ’ the following paragraphs 3 and 4 are inserted : ‘ 3 . member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . 4 . the commission and erga shall encourage the exchange of best practices on self - and co - regulatory systems across the union . if considered appropriate , the commission shall facilitate the development of union codes of conduct . ’ ### article 9 is deleted ;


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


### in article 10 , point is replaced by the following : ' they shall not directly encourage the purchase or rental of goods or services ; ' ; ### article 10 is replaced by the following : news and current affairs programmes shall not be sponsored . member states may choose to prohibit the showing of a sponsorship logo during children ' s programmes , documentaries and religious programmes .


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


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20% . ### the percentage of television advertising spots and teleshopping and sponsorship spots within any one clock hour shall not exceed 20% , that is to say 12 minutes .


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


### a contact committee is established under the aegis of the commission . it shall be composed of representatives of the competent authorities of the member states . it shall be chaired by a representative of the commission and meet either on his initiative or at the request of the delegation of a member state . ### in article 29 , paragraph 1 , is replaced by the following : a contact committee is established under the aegis of the commission . it shall be composed of representatives of the competent bodies or authorities of the member states and four members of the european parliament as observers , nominated every three years . it shall be chaired by a representative of the commission and meet either on his initiative or at the request of the delegation of a member state .


### ‘ article 29 a contact committee is established under the aegis of the commission . it shall be composed of representatives of the competent authorities of the member states . it shall be chaired by a representative of the commission and meet either on his initiative or at the request of the delegation of a member state . 2 . the tasks of the contact committee shall be : to facilitate effective implementation of this directive through regular consultation on any practical problems arising from its application , and particularly from the application of article 2 , as well as on any other matters on which exchanges of views are deemed useful ; to deliver own - initiative opinions or opinions requested by the commission on the application by the member states of this directive ; to be the forum for an exchange of views on what matters should be dealt with in the reports which member states must submit pursuant to article 16 and on their methodology ; to discuss the outcome of regular consultations which the commission holds with representatives of broadcasting organisations , producers , consumers , manufacturers , service providers and trade unions and the creative community ; to facilitate the exchange of information between the member states and the commission on the situation and the development of regulatory activities regarding audiovisual media services , taking account of the union ' s audiovisual policy , as well as relevant developments in the technical field ; to examine any development arising in the sector on which an exchange of views appears useful . ’ ### article 29 is amended as follows : ‘ article 29 a contact committee is established under the aegis of the commission . it shall be composed of representatives of the competent bodies or authorities of the member states and four members of the european parliament nominated for three years . it shall be chaired by a representative of the commission and meet either on his initiative or at the request of the delegation of a member state . 2 . beside its competences laid down in article - 2f , article 2 , article 3 , article 4 and article 4 the tasks of the contact committee shall be : to facilitate effective implementation of this directive through regular consultation on any practical problems arising from its application , and particularly from the application of article 2 , as well as on any other matters on which exchanges of views are deemed useful ; to deliver own - initiative opinions or opinions requested by the commission on the application by the member states of this directive ; to be the forum for an exchange of views on what matters should be dealt with in the reports which member states must submit pursuant to article 16 and on their methodology ; to discuss the outcome of regular consultations which the commission holds with representatives of broadcasting organisations , producers , consumers , manufacturers , service providers and trade unions and the creative community ; to facilitate the exchange of information between the member states and the commission on the situation and the development of regulatory activities regarding audiovisual media services , taking account of the union ' s audiovisual policy , as well as relevant developments in the technical field ; to examine and give opinions to the commission on any development arising in the sector on which an exchange of views appears useful . ’


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


### it is therefore opportune to establish a new instrument for financial support for customs control equipment . ### it is therefore opportune to establish a new instrument for financial support for customs control equipment that will ensure the detection of counterfeited goods and price dumping practices .


### as customs authorities of the member states have been taking up an increasing number of responsibilities , which often extend to the field of security and take place at the external border , ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . it is equally important to promote inter - agency cooperation at union borders as regards controls of goods and controls of persons among the national authorities in each member state that are responsible for border control or for other tasks carried out at the border . ### as customs authorities of the member states have been taking up an increasing number of responsibilities , which often extend to the field of security and take place at the external border , ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate union financial support to the member states . it is equally important to promote inter - agency cooperation at union borders as regards controls of goods among the national authorities in each member state .


### although central implementation is indispensable in order to achieve the specific objective of ensuring equivalent customs controls , given the technical nature of this instrument , preparatory work is required at technical level . therefore , implementation should be supported by assessments of needs that are dependent on national expertise and experience through the involvement of customs administrations of the member states . those assessments of needs should be based on a clear methodology including a minimum number of steps ensuring the collection of the required information . ### although central implementation is indispensable in order to achieve the specific objective of ensuring equivalent customs controls , given the technical nature of this instrument , preparatory work is required at technical level . therefore , implementation should be supported by assessments of needs that are dependent on national expertise and experience through the involvement of customs administrations of the member states . those assessments of needs should be based on a clear methodology including a minimum number of steps ensuring the collection of the required relevant information .


### costs of networks , such as secured or unsecured communication channels , or subscriptions ; ### costs of networks , such as secured or unsecured communication channels , or subscriptions , with the exception of networks or subscriptions directly necessary to use the customs control equipment ;


### an exhaustive inventory of available customs control equipment ; ### an exhaustive inventory of available and functional customs control equipment ;


### to ensure effective assessment of progress of the instrument towards the achievement of its objectives , the commission is empowered to adopt delegated acts in accordance with article 14 to amend annex 2 to review or complement the indicators where considered necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework . ### to ensure effective assessment of progress of the instrument towards the achievement of its objectives , the commission is empowered to adopt delegated acts in accordance with article 14 to amend annex 2 to review or complement the indicators where considered necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework in order to provide the european parliament and the council with updated qualitative and quantitative information on performance of the programme .


### containers , trucks , rail wagons ### containers , trucks , rail wagons and vehicles


### x - ray backscatter portal ### x - ray based backscatter portal


### the right to convert an existing company formed in a member state into a company governed by another member state may in certain circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion procedure in order to create artificial arrangements aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or members . in so far as it constitutes a derogation from a fundamental freedom , the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances . a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down . ### the right to convert an existing company formed in a member state into a company governed by another member state may not under any circumstances be used for abusive purposes such as for the circumvention of labour standards , social security payments , tax obligations , creditors ' , minority shareholders ' rights or rules on employees participation . in order to combat such possible abuses , a general principle of union law , member states are required to ensure that companies do not use the cross - border conversion procedure in order to create artificial arrangements . the procedure set out in this directive aims at protecting the discretion of the member states to impose corporate taxes on profits and employee representation obligations on companies . member states should be allowed to block conversions and mergers where these would amount to artificial arrangements entered into by companies with the intention of evading future obligations resulting from national rules on taxation and employee participation . the employee participation body should give its consent to any cross border conversion or merger . any derogation from a fundamental right or freedom , the fight against abuses must be interpreted strictly and be based on an individual assessment of all relevant circumstances . a procedural and substantive framework which describes the margin of discretion and allows for the diversity of approach by member states whilst at the same time setting out the requirements to streamline the actions to be taken by national authorities to fight abuses in conformity with union law should be laid down .


### it is appropriate that those members who held voting rights and who did not vote to approve the draft terms of conversion and those members without voting rights , who could not present their position , should be afforded the right to exit the company . those members should be able to leave the company and receive cash compensation for their shares equivalent to the value of their shares . furthermore , they should have a right to challenge the calculation and adequacy of that cash compensation offered before a court . ### it is appropriate that those members who held voting rights and who did not vote to approve the draft terms of conversion and those members without voting rights , who could not present their position , should be afforded the right to exit the company . those members should be able to leave the company and receive cash compensation for their shares equivalent to the value of their shares . furthermore , they should have a right to challenge the calculation and adequacy of that cash compensation offered before a court or by arbitration .


### member states shall ensure that the competent authority of the departure member state shall not authorise the cross - border conversion where it determines , after an examination of the specific case and having regard to all relevant facts and circumstances , that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or minority members . ### member states shall ensure that the competent authority of the departure member state shall not authorise the cross - border conversion where it determines , after an examination of the specific case and having regard to all relevant facts and circumstances , that it constitutes a wholly artificial arrangement as defined in article 6 of the council directive 2016 / 1164 or is aimed at prejudicing the legal or contractual rights of employees , creditors or minority members .


### member states shall provide that any member who has accepted the offer of cash compensation referred to in paragraph 3 but who considers that the compensation has not been adequately set , is entitled to demand the recalculation of the cash compensation offered before a national court within one month of the acceptance of the offer . ### member states shall provide that any member who has accepted the offer of cash compensation referred to in paragraph 3 but who considers that the compensation has not been adequately set , is entitled to demand the recalculation of the cash compensation offered before a national court or by arbitration within one month of the acceptance of the offer .


### member states shall ensure that any member who has accepted the offer of cash compensation referred to in paragraph 3 , but who considers that the cash compensation has not been adequately set , is entitled to demand the recalculation of the cash compensation offered before a national court within one month of the acceptance of the offer . ### member states shall ensure that any member who has accepted the offer of cash compensation referred to in paragraph 3 , but who considers that the cash compensation has not been adequately set , is entitled to demand the recalculation of the cash compensation offered before a national court or by arbitration within one month of the acceptance of the offer .


### much has been achieved over the last few years by the cfp in bringing fish stocks back to healthy levels , in increasing the profitability of the union ' s fishing industry and in conserving marine ecosystems . however , substantial challenges remain to achieve the socio - economic and environmental objectives of cfp . this requires continued support beyond 2020 , notably in sea basins where progress has been slower . ### much has been achieved over the last few years by the cfp in bringing fish stocks back to healthy levels , in increasing the profitability of the union ' s fishing industry and in conserving marine ecosystems . however , substantial challenges remain to achieve the socio - economic and environmental objectives of cfp . this requires continued support beyond 2020 , notably in sea basins where progress has been slower , particularly in the most isolated ones like outermost regions .


### fisheries are vital to the livelihood and cultural heritage of many coastal communities in the union , in particular where small - scale coastal fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge . ### fisheries are vital to the livelihood and cultural heritage of many coastal communities in the union , in particular where small - scale coastal fishing plays an important role such as outermost regions . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge .


### small - scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears . that sector represents nearly 75% of all fishing vessels registered in the union and nearly half of all employment in the fishery sector . operators from small - scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income . the emff should therefore give them a preferential treatment through a 100% aid intensity rate , including for operations related to control and enforcement , with the aim of encouraging sustainable fishing practices . in addition , certain areas of support should be reserved for small - scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities , i . e . support for the acquisition of a second - hand vessel and for engine replacement or modernisation . furthermore , member states should include in their programme an action plan for small - scale coastal fishing , which should be monitored on the basis of indicators for which milestones and targets should be set . ### small - scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears . that sector represents nearly 75% of all fishing vessels registered in the union and nearly half of all employment in the fishery sector . operators from small - scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income . the emff should therefore give them a preferential treatment through a 100% aid intensity rate , including for operations related to control and enforcement , with the aim of encouraging sustainable fishing practices . in addition , certain areas of support should be reserved for small - scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities , i . e . support for the acquisition of a vessel , for engine replacement or modernisation , for renovation and restoring of old infrastructure or new infrastructure such as auction halls or reception facilities . furthermore , member states should include in their programme an action plan for small - scale coastal fishing , which should be monitored on the basis of indicators for which milestones and targets should be set .


### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their location and insularity . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions . _________________ 10 com 623 ### the outermost regions , as outlined in the communication from the commission to the european parliament , the council , the european economic and social committee , the committee of the regions and the european investment bank of 24 october 2017 entitled ' a stronger and renewed strategic partnership with the eu ' s outermost regions ' 10 , face specific challenges linked to their remoteness , topography and climate as referred to in article 349 of the treaty and also have specific assets on which to develop a sustainable blue economy . therefore , for each outermost region , an action plan for the development of sustainable blue economy sectors , including the sustainable exploitation of fisheries and aquaculture , should be attached to the programme of the concerned member states and a financial allocation should be reserved to support the implementation of those action plans . it should also be possible for the emff to support a compensation of the additional costs the outermost regions face due to their location and insularity . that support should be capped as a percentage of this overall financial allocation . in addition , a higher aid intensity rate and emff financing rate than the one that applies to outermost regions should be applied . _________________ 10 com 623


### ‘ sustainable blue economy’ means all sectoral and cross - sectoral economic activities throughout the single market related to oceans , seas , coasts and inland waters , covering the union ' s outermost regions and landlocked countries , including emerging sectors and non - market goods and services and being consistent with union environmental legislation . ### ‘ sustainable blue economy’ means all sectoral and cross - sectoral economic activities throughout the single market related to oceans , seas , coasts and inland waters , covering the union ' s insular and outermost regions and landlocked countries , including emerging sectors and non - market goods and services and being consistent with union environmental legislation .


### strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . ### strengthening international ocean governance and regional processes of the union for the governance of the seas in order to enable safe , secure , clean and sustainably managed seas and oceans .


### the part of the financial envelope under direct and indirect management as specified in title iii shall be eur 829 000 000 in current prices . ### the part of the financial envelope under direct and indirect management as specified in title iii shall be eur 927 149 225 in 2018 constant prices .


### a strategy for the sustainable exploitation of fisheries and the development of sustainable blue economy sectors ; ### a strategy for the sustainable exploitation of fisheries and the development of sustainable blue economy sectors , while fighting against marine litter and promoting community - led local development and fisheries local action groups ;


### the vessels referred to in paragraph 1 shall be equipped for sea fishing and be between 5 and 30 years old . ### the vessels referred to in paragraph 1 shall be equipped for sea fishing and be less than 30 years old .


### owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; or ### owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 90 days in each of the last two calendar years preceding the year of submission of the application for support ; or


### the commercial activities of the vessel concerned are stopped during at least 90 consecutive days ; and ### the commercial activities of the vessel concerned are stopped during at least 30 consecutive days ; or


### collection and processing of data for fisheries management and scientific purposes ### collection , processing and dissemination of data for fisheries management and scientific purposes


### the emff may support the collection , management and use of data for fisheries management and scientific purposes , as provided for in article 25 and and article 27 of regulation no 1380 / 2013 and further specified in regulation no 2017 / 1004 , on the basis of the national work plans referred to in article 6 of regulation no 2017 / 1004 . ### the emff may support the collection , management , use and dissemination of data for management and scientific purposes in fisheries and aquaculture , as provided for in article 25 and and article 27 of regulation no 1380 / 2013 and further specified in regulation no 2017 / 1004 , on the basis of the national work plans referred to in article 6 of regulation no 2017 / 1004 .


### the emff may support actions contributing to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in article 35 of regulation no 1380 / 2013 and further specified in regulation no 1379 / 2013 . it may also support actions promoting the marketing , the quality and the value added of fishery and aquaculture products . ### the emff may support actions contributing to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in article 35 of regulation no 1380 / 2013 and further specified in regulation no 1379 / 2013 .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union for purposes such as holidays , travel or business trips . therefore , barriers that hamper temporary access and use of such online content services cross border should be eliminated .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their member state of residence but also when they are temporarily present in another member state of the union . it is therefore crucial to ensure that european cultural and linguistic diversity is protected and promoted , by adapting , strengthening and enforcing rules on copyright and related rights thus creating a legal framework for the european cultural and creative industry and helping it generate business and jobs and become more competitive , creative and innovative .