### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering or when the perpetrator is a politically exposed person , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime ,


### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least four years , at least in serious cases . ### each member state shall ensure that the offences referred to in article 3 shall be punishable by a minimum term of imprisonment of three years , particularly where aggravating circumstances described in article 6 are applicable .


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for measures countering money laundering to be effective , it should not be necessary to establish precisely the circumstances relating to the predicate offence which generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence domestically . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there .


### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec . ### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those growing problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


### in accordance with the principle of proportionality , as set out in article 5 teu , the content and form of union action should not exceed what is necessary to achieve the objectives of the treaties . the recourse to the specific mechanism set up under this regulation is voluntary . where a member state decides , on a specific border with one or more neighbouring member states , to continue to resolve legal obstacles in a specific cross - border region under the effective mechanisms it has set up at national level or which it has set up formally or informally , together with one or more neighbouring member states , the mechanism set up under this regulation does not need to be selected . likewise , where a member state decides , on a specific border with one or more neighbouring member states , to join an existing effective mechanism set up formally or informally by one or more neighbouring member states , provided that mechanism allows for accession , again , the mechanism set up under this regulation does not need to be selected . this regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross - border regions , for which member states have no efficient mechanisms to resolve legal obstacles in place , ### in accordance with the principle of proportionality , as set out in article 5 teu , the content and form of union action should not exceed what is necessary to achieve the objectives of the treaties . the recourse to the specific mechanism set up under this regulation to resolve legal obstacles in cross - border regions is voluntary . where a member state decides , for a specific joint project with one or more neighbouring member states , to continue to resolve legal obstacles in a specific cross - border region under the effective mechanisms it has set up at national level or which it has set up formally or informally , together with one or more neighbouring member states , the mechanism set up under this regulation does not need to be selected . likewise , where a member state decides , for a specific joint project with one or more neighbouring member states , to join an existing effective mechanism set up formally or informally by one or more neighbouring member states , provided that mechanism allows for accession , again , the mechanism set up under this regulation does not need to be selected . finally , where a member state decides together with one or more neighbouring member states , to set up formally or informally a new effective mechanism to resolve legal obstacles hampering the implementation of a joint project in cross - border regions , the mechanism set up under this regulation does not need to be selected . this regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross - border regions , for which member states have no efficient mechanisms to resolve legal obstacles in place .


### a description of the joint project and of its context , of the corresponding legal obstacle in the committing member state as well as of the rationale for resolving the legal obstacle ; ### a description of the joint project and of its context , of one or more corresponding legal obstacles in the committing member state as well as of the rationale for resolving one or more legal obstacles ;


### this regulation sets up a mechanism to allow for the application in one member state , with regard to a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project . ### this regulation sets up a voluntary mechanism to allow for the application in one member state , with regard to a single joint project in a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project .


### in full respect of the constitutional and institutional set - up of the member states , the use of the mechanism should be voluntary with regard to those border regions of a given member state where another effective mechanism exists or could be set up with the neighbouring member state . it should consist of two measures : the signature and the conclusion of a european cross - border commitment or the signature of a european cross - border statement . ### in full respect of the constitutional and institutional set - up of the member states , the use of the mechanism should be voluntary . it should consist of two measures : the signature and the conclusion of a european cross - border commitment or the signature of a european cross - border statement .


### a member state may also decide , with regard to a specific border with one or more neighbouring member states , to join an existing effective way set up formally or informally by one or more neighbouring member states . ### a member state may also decide , with regard to a joint project in cross - border regions , with one or more neighbouring member states , to join an existing effective way set up formally or informally by one or more neighbouring member states .


### by dd mm yyyy [ i . e . the 1st of the month following the entry into force of this regulation + five years ; to be filled in by the publication office ] , the commission shall present a report to the european parliament , the council and the committee of the regions assessing the application of this regulation based on indicators on its effectiveness , efficiency , relevance , european added value and scope for simplification . ### by dd mm yyyy [ i . e . the 1st of the month following the entry into force of this regulation + three years ; to be filled in by the publication office ] , the commission shall present a report to the european parliament , the council and the committee of the regions assessing the application of this regulation based on indicators on its effectiveness , efficiency , relevance , european added value and scope for simplification .


### in order to coordinate the tasks of different authorities which in some member states will include national and regional legislative bodies , within a given member states and between those of one or more neighbouring member states , each member state which opts for the mechanism should be obliged to set up a national and , where applicable , regional cross - border coordination points and define their tasks and competencies during the different steps of the mechanism covering initiation , conclusion , implementation and monitoring of commitments and statements . ### in order to coordinate the tasks of different authorities which in some member states will include national and regional legislative bodies , within a given member states and between those of one or more neighbouring member states , each member state should be obliged to set up a national and , where appropriate , regional cross - border coordination points and define their tasks and competencies during the different steps of the mechanism covering initiation , conclusion , implementation and monitoring of commitments and statements .


### the competent authority of the member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application . ### the competent authority of the first member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the import of these goods . persons seeking to obtain such a licence should be able to prove licit export directly from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the country of export , ownership titles , invoices , sales contracts , the object id where available , insurance documents , transport documents and experts appraisals . in cases of export from a third country that is not a signatory to the 1970 unesco convention need to prove lawful export from the source country . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the import into the eu of cultural goods which are referred to in the annex but which are not covered by article&#160 ; 4 shall be subject to the submission of an importer statement to the customs officials of the member state of entry .


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement shall contain : an object id entered by the holder of the goods into the electronic system described under article 9 . additional information on the import , showing its exact nature and the conditions under which it is being carried out &#8211 ; including , for example , a certificate from the export country .


### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the goods shall apply for an import licence to the competent authority of the first member state of import . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . in case of export from a third country which is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 and has a demonstrable commitment to upholding its obligations under this convention , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . in other cases , the person should prove lawful export from the source country .


### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the goods shall apply for an import licence to the competent authority of first member state of import . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , and of the annex shall be subject to the presentation of an import licence to the customs authorities . ### the import into the customs union of the cultural goods referred to in points a1 , a2 and a9 in the annex to regulation 116 / 2009 shall be subject to the presentation of an import licence to the customs authorities .


### the competent authority of the member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application . ### the competent authority of the first member state of import shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application .


### an electronic system may be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences . ### an electronic system shall be developed , prior to the entry into force of this regulation for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the import of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an electronic importer statement to the customs authorities of the first member state of entry . the previous paragraph does not apply to cultural goods that originate in conflict - affected or high - risk countries . such cultural goods require the presentation of an import licence issued by the competent authority of the first member state of entry in accordance with the provisions set out in article 4 .


### ' source country ' means the country in the current territory of which the cultural goods were created or discovered ; ### ' source country ' means the country in the territory of which the cultural goods were created or discovered ;


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , and of the annex shall be subject to the presentation of an import licence to the customs authorities . ### the import into the union and the placement under special procedures of the cultural goods referred to in points , and of the annex shall be subject to the presentation of an import licence to the customs authorities .


### the commission may establish , by means of implementing acts , the template for the application for the import licence as well as the procedural rules on the submission and processing of such an application . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission shall establish , by means of implementing acts , the electronic standardised template for the application for the import licence as well as the procedural rules on the electronic submission and processing of such an application together with the relevant supporting documents , which shall be done by electronic means . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### an electronic system may be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences . ### an electronic system shall be developed for the storage and the exchange of information between the authorities of the member states within the framework of regulation no 952 / 2013 . any such system shall address the receipt , processing , storage and exchange of importer statements and import licences .


### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation . ### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster with the intend to return those goods to their country of origin or the third country to which they were lawfully exported , when the situation so allows , should also be permitted without the presentation of an import licence or a statement in order to ensure their safety and preservation .


### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 . ### the import of cultural goods into the customs union shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 .


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . in cases where the goods are imported from a third country which is a contracting party to the unesco convention on cultural property and has a demonstrable commitment to upholding its obligations under this convention , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . in other cases , the importer statement shall contain a declaration signed by the holder of the goods that the goods have lawfully been exported from the source country .


### given the known potential of free zones for the purpose of storing cultural goods , the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned . those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure . however , such a broad scope should not go against the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the union . accordingly , while encompassing special customs procedures under which goods entering the customs territory of the union may be placed , control measures should exclude transit . ### given the known potential of free zones for the purpose of storing cultural goods , the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned , with a view to preventing circumvention . those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure . however , such a broad scope should not go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the union .


### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry . ### in view of different rules applying in the member states regarding the import of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that certain imports of cultural goods are subject to uniform controls upon their entry into the customs territory of the union , especially on the basis of existing processes , procedures and administrative tools aiming to achieve a uniformed implementation of the regulation no 952 / 2013 of the european parliament and of the council1a . 1a regulation no 952 / 2013 of the european parliament and of the council of 9 october 2013 laying down the union customs code .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the import of these goods . persons seeking to obtain such a licence should be able to prove licit export directly from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the country of export , ownership titles , invoices , sales contracts , the object id where available , insurance documents , transport documents and experts appraisals . in cases of export from a third country that is not a signatory to the 1970 unesco convention need to prove lawful export from the source country . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay .


### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states should introduce effective , proportionate and dissuasive penalties for failing to comply with the provisions of this regulation and communicate those penalties to the commission . it is desirable to achieve a level playing field and a coherent approach and therefore it is appropriate that penalties in each member state are similar in nature and effect . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them .


### the commission shall present a report to the european parliament and the council on the implementation of this regulation three years after the date of application of this regulation and , after that , every five years . ### the commission shall present a report to the european parliament and the council on the implementation of this regulation three years after the date of application of this regulation and , after that , every five years . the reports shall assess whether this regulation is being implemented in a uniform way , how well it functions and how effective it is , and may be accompanied if necessary by appropriate legislative proposals .


### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the cultural goods listed in the previous paragraph shall apply for an import licence to the competent authority of the first member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations or in the absence of such laws and regulations . in cases where the source country of the cultural goods cannot be reliably determined , the application for the import licence shall be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations . the holder of cultural goods that originate in conflict - affected or high - risk countries shall always apply for an import licence to the competent authority of the first member state of entry . the application shall be accompanied by any supporting documents and information substantiating that such cultural goods have been exported from the source country in accordance with its laws and regulations .


### the storage , within the meaning of article 237 of regulation no 952 / 2013 , of cultural goods for the express purpose of ensuring their preservation by , or under the supervision of , a public authority . ### the storage , within the meaning of article 237 of regulation no 952 / 2013 , of cultural goods for the purpose of ensuring their safety or preservation by , or under the supervision of , a public authority , with the intend to return these goods to their country of origin or the third country to which they were lawfully exported , when the situation so allows ;


### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods . that delegation should also allow the commission to update the annex following amendments to the combined nomenclature . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 . ### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods . that delegation should also allow the commission to update the annex following amendments to the combined nomenclature . the commission should , while doing that , particularly take into account types of cultural goods , the political and economic situation of the source and export countries , traffic routes and modes of transport , as well as declarants which are subject to increased levels of risk analysis . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 .


### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 . ### the import of cultural goods into the customs territory of the union shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the import into the eu of cultural goods which are referred to in the annex but which are not covered by article&#160 ; 4 shall be subject to the submission of an importer statement .


### the common rules should cover the customs treatment of non - union cultural goods entering the customs territory of the union , i . e . both their release for free circulation as well as their placement under a special customs procedure other than transit . ### the common rules should cover the import of non - union cultural goods entering the customs territory of the union .


### temporary admission of cultural goods for educational , scientific or academic research purposes should not be subject to the presentation of a licence or of a statement . ### temporary admission of cultural goods for educational , exhibition , performance , restoration scientific or academic research purposes should not be subject to the presentation of an import licence or of a statement .


### a dedicated incentive mechanism should be introduced to facilitate a smooth transition towards zero - emission mobility . this crediting mechanism should be designed so as to promote the deployment on the union market of zero - and low - emission vehicles . ### a dedicated incentive mechanism should be introduced to promote the deployment on the union market of zero - and low - emission vehicles . this mechanism shall be neutral towards all technologies or innovative fuels .


### zlev factor is , unless this sum is larger than 1 . 05 or lower than 1 . 0 in which case the zlev factor shall be set to 1 . 05 or 1 . 0 as the case may be ### zlev factor is , unless this sum is larger than 1 . 15 or lower than 1 . 0 in which case the zlev factor shall be set to 1 . 15 or 1 . 0 as the case may be


### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles . ### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles .


### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in paragraph [ 2a of article 1 ] , the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] .


### a delegated act adopted pursuant to the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the commission may adopt detailed rules on the procedures for reporting such deviations and for taking them into account in the calculation of the average specific emissions . those procedures shall be adopted by way of implementing acts in accordance with the examination procedure referred to in article 15 . ### the commission shall adopt detailed rules on the procedures for reporting such deviations and for taking them into account in the calculation of the average specific emissions . those procedures shall be adopted by way of implementing acts in accordance with the examination procedure referred to in article 15 .


### it is important that the setting of co2 emissions reduction requirements continues to provide union - wide predictability and planning security for vehicle manufacturers across their new car and light commercial vehicle fleets in the union . ### the setting of co2 emissions reduction requirements continues to provide union - wide predictability and planning security for vehicle manufacturers across their new car and light commercial vehicle fleets in the union .


### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for a period of five years from . . . [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the procedure for granting derogations from the 95 g co2 / km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target . , however , experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets and with regard to the targets set from 2025 onwards it is not considered appropriate to distinguish between those two categories of manufacturers . ### experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets , therefore , it is not considered appropriate to distinguish between those two categories of manufacturers .


### the procedure for granting derogations from the 95 g co2 / km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target . , however , experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets and with regard to the targets set from 2025 onwards it is not considered appropriate to distinguish between those two categories of manufacturers . ### experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets and it is therefore no longer considered appropriate to distinguish between those two categories of manufacturers .


### for the average emissions of the new light commercial vehicles fleet , an eu fleet - wide target equal to a 30% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6 . 1 . 2 of part b of annex i . ### for the average emissions of the new light commercial vehicles fleet , annual eu fleet - wide targets on a linear trajectory reaching a 45% reduction in 2029 of the average of the specific emissions targets in 2021 determined in accordance with point 6 . 1 . 2 of part b of annex i .


### the delegation of power referred to in the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the innovative technologies must not be covered by mandatory provisions due to complementary additional measures complying with the 10 g co2 / km reduction referred to in article 1 or be mandatory under other provisions of union law . with effect from 1 january 2025 , this criterion shall not apply with regard to efficiency improvements for air conditioning systems . ### the innovative technologies must not be covered by mandatory provisions due to complementary additional measures complying with the 10 g co2 / km reduction referred to in article 1 or be mandatory under other provisions of union law . this criterion shall not apply with regard to efficiency improvements for air conditioning systems .


### the commission shall take into account the assessments performed pursuant to article 12 and may , where appropriate , review the procedures for measuring co2 emissions as set out under regulation no 715 / 2007 . the commission shall , in particular , make appropriate proposals to adapt those procedures to reflect adequately the real world co2 emissions of cars and light commercial vehicles . ### the commission shall take into account the assessments performed pursuant to article 12 and shall review the procedures for measuring co2 emissions as set out under regulation no 715 / 2007 and , from 2022 , the real driving emissions test using pems . the commission shall , in particular , make proposals to adapt those procedures to reflect the real world co2 emissions of cars and light commercial vehicles .


### each member state shall establish one or more contact points to provide information and assistance to groups of organisers in setting up a european citizens’ initiative . ### each member state shall establish one or more physical contact points to provide information , legal advice and assistance to groups of organisers in setting up a european citizens’ initiative . it should use the resources of the point of contact based in the europe direct contact centre and the european commission representations and the european parliament offices in the member states ;


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months of the submission of the initiative to the commission . the european parliament should ensure a balanced representation of relevant public and private interests as well as the representation at an appropriate level of the commission and the council . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . the organisers of a successful eci should be involved in the organization of such hearings to make sure the campaign that has taken place and citizenship support is fully reflected .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . it should moreover take into account the legal and technological developments in member states with regard to the reform of copyright , the audiovisual services ' sector and the provision of cross - border portability of online content services for subscribers who are temporarily not present in their member state of residence .


### by [ date : two years after the entry into force of this regulation ] and every five years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments . ### by [ date : two years after the entry into force of this regulation ] , as required thereafter and at the latest every four years thereafter , the commission shall assess the application of this regulation in light of legal , technical and economic developments , and shall submit a respective report to the european parliament , the council and the european economic and social committee . that report shall , if appropriate , be accompanied by a legislative proposal to review the current regulation . the report referred to in the first paragraph shall include an assessment on possibly extending the scope of this regulation , notably on extending the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter as well as to other sectors , such as music , e - books , games and / or software . furthermore , the report shall pay special attention to potential economic effects on smes and start - ups , the effectiveness of national enforcement measures referred to in article 7 of this regulation as well as focus on the use and protection of personal data .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , and in order to achieve the objectives set out in the digital market strategy , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons .


### member states shall ensure that independent national regulatory authorities have separate annual budgets . the budgets shall be made public . member states shall also ensure that national regulatory authorities have adequate financial and human resources to enable them to carry out the task assigned to them and to actively participate in and contribute to erga . ### member states shall ensure that independent national regulatory authorities have separate annual budgets . the budgets shall be made public . member states shall also ensure that national regulatory authorities have adequate financial and human resources to enable them to carry out the task assigned to them and to actively participate in and contribute effectively to the tasks carried out by erga under this directive .


### the head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority , may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law . a dismissal decision shall be made public and a statement of reasons shall be made available . ### the head of a national regulatory authority or the members of the collegiate body fulfilling that function within a national regulatory authority , may be dismissed only if they no longer fulfil the conditions required for the performance of their duties which are laid down in advance in national law . a duly justified dismissal decision shall be made public and a statement of reasons shall be made available to the public .


### 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 and hate speech as well as audiovisual commercial communications for foods high in fat , salt / sodium and sugars .


### each member state shall designate one or more independent national regulatory authorities . member states shall ensure that they are legally distinct and functionally independent of any other public or private body . this shall be without prejudice to the possibility for member states to set up regulators having oversight over different sectors . ### each member state shall designate one or more independent national regulatory authorities . member states shall ensure that they are legally distinct and functionally independent from governments or any other public or private body . this shall be without prejudice to the possibility for member states to set up regulators having oversight over different sectors .


### member states shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this directive , in particular media pluralism , cultural diversity , consumer protection , internal market and the promotion of fair competition . ### member states shall ensure that national regulatory authorities exercise their powers impartially and transparently and in accordance with the objectives of this directive , in particular media pluralism , non - discrimination , cultural diversity , consumer protection , internal market and the promotion of fair competition .


### national regulatory authorities shall not seek or take instructions from any other body in relation to the exercise of the tasks assigned to them under national law implementing union law . this shall not prevent supervision in accordance with national constitutional law . ### national regulatory authorities shall not seek or take instructions from any other body , public or private , in relation to the exercise of the tasks assigned to them under national law implementing union law . this shall not prevent supervision in accordance with national constitutional law .


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


### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in this context , harmful content and hate speech stored on video - sharing platforms have increasingly given rise to concern . it is necessary , in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred , to set out proportionate rules on those matters . ### there are new challenges , in particular in connection with video - sharing platforms , on which users - particularly minors - increasingly consume audiovisual content . in addition , the decision to remove such content , which is often dependent on a subjective interpretation , can undermine the freedom of expression and information . in this context , it is necessary , in order to protect citizens from harmful content and from content containing incitement to violence or hatred hosted on video - sharing platforms , but also to protect and guarantee users ' fundamental rights , to set out common and proportionate rules on those matters . such rules should , in particular , further define at union level the characteristics of ' harmful content ' and ' incitement to violence and hatred ' , taking into account the intention and effect of such content . self - regulatory and co - regulatory measures implemented or approved by member states or by the commission should fully respect the obligations of the charter of fundamental rights of the european union , in particular article 52 thereof .


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


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### by 30 june 2018 , member states shall adopt and make public their national plan and schedule , including detailed steps for fulfilling their obligations under articles 1 and 4 of this decision .


### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union . ### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 , further technological developments , changes in consumer behaviour but also the requirements in connectivity to foster growth and innovation in the union . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union .


### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of audiovisual media services distribution . __________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm . ### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , in order to ensure access and connectivity , as the development of digital solutions heavily relies on fast and effective connections to adapt to a moving digital framework . at the same time , the specific needs of audiovisual media services distribution should be accommodated . __________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm .


### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits . ### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , harmonised measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators ' licence obligations , should contribute to meeting the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt harmonised national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users .


### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits . ### the projections for the rapid growth of wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural , mountainous , insular and other remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators ' licence obligations , should aim to meet the rspp objective that all citizens throughout the union should have continuous and reliable access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits .


### the member states shall draw up the annual plan for the peer - review , ensuring an appropriate rotation in respect of reviewing and reviewed type - approval authorities , and submit it to the commission . ### the forum´s standing committee of auditors shall draw up the annual plan for audits , ensuring an appropriate rotation in respect of type - approval authorities .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities and the quality of the type - approvals issued . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states , to the commission , to the forum for enforcement and exchange of information established by article 10 , and , in accordance with article 12 of directive 2016 / xxx on the reduction of national emissions of certain atmospheric pollutants and amending directive 2003 / 35 / ec , to the european clean air forum and to third parties upon request . the member state concerned shall make a full report of the results accessible to the general public , in particular as regards the number of type - approvals granted and rejected and the identity of the corresponding manufacturers and vehicle types .


### the member state may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures . ### the member state shall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures .


### where an approval authority or market surveillance authority finds that vehicles , systems , components or separate technical units are not in conformity with this regulation or that the type - approval has been granted on the basis of incorrect data or that vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , it may take all appropriate restrictive measures in accordance with article 53 . ### where an approval authority or market surveillance authority finds that vehicles , systems , components or separate technical units are not in conformity with this regulation or that the type - approval has been granted on the basis of incorrect data or that vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , it shall take all appropriate restrictive measures in accordance with article 53 .


### an in - house technical service does not need to be notified to the commission for the purposes of article 78 , but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type - approval authority at the request of that authority . ### an in - house technical service shall be notified to the commission in accordance with article 78 .


### where , in accordance with article 10a , the committee issues an opinion finding that a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on the protection of personal data . ; ### where , in accordance with article 10a , the committee issues an opinion finding that a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on the protection of personal data . in this case , due account shall be taken of the ne bis in idem principle ;


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital uses of works and other subject - matter such as the use of extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter or extracts under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . thus , for example , the exception should be limited to the use of brief extracts for intellectual works , except in the case of plays and poems . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium at any point in the life of a work or other subject - matter and to the extent required for such reproduction , including via partnerships with other institutions or third parties .


### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of licences , covering at least the same uses as those allowed under the exception . this mechanism should not , on the other hand , apply to materials which are primarily intended for the educational market , for which it should be possible to arrange licences . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the years , online services providing access to content uploaded by their users without the involvement of rightholders have flourished and have become important sources of access to content online , allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightholders .


### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . ### member states shall facilitate , where appropriate , the cooperation between the information society service providers , user representatives and rightholders through stakeholder dialogues to define best practices for the implementation of paragraph 1 in a manner that is proportionate and efficient .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . such an exception should cover both cultural heritage institutions holding the works or other subject - matter and third party cultural heritage institutions or service providers , which may be requested to perform the act of reproduction on behalf of a cultural heritage institution within the scope of the exception .


### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry . it is therefore necessary to provide at union level a harmonised legal protection for press publications in respect of digital uses . such protection should be effectively guaranteed through the introduction , in union law , of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses . ### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide access to the public to copyright protected works or other subject - matter uploaded by their users shall achieve fair and balanced agreements in cooperation with rightholders governing such content in order to ensure fair and appropriate compensation for the stakeholders concerned , unless they are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec . the implementation of such agreements shall respect the users ' fundamental rights and shall comply with article 15 of directive 2000 / 31 / ec . the service providers shall cooperate and work together with rightholders to ensure that the functioning and implementation of such agreements are full and transparent .


### member states shall , in consultation with rightholders , collective management organisations and cultural heritage institutions , ensure that the requirements used to determine whether works and other subject - matter can be licensed in accordance with paragraph 1 do not extend beyond what is necessary and reasonable and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce . ### member states shall , in consultation with rightholders , collective management organisations and cultural heritage institutions , ensure that the requirements used to determine whether works and other subject - matter are out of commerce do not extend beyond what is necessary and reasonable and proportionate and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce .


### takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff ; ### takes place on the premises of an educational establishment or other educational venue , such as cultural heritage institutions , or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff , or registered members of the cultural heritage institution involved in non - formal or informal education ;


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . in order to preserve the capacity of rightholders to develop licences on the market and to receive payment , the exception should apply only to text and data mining conducted for non - commercial purposes .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive for reproductions and extractions in order to carry out text and data mining of works or other subject - matter to which they have lawful access .


### member states availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments . ### member states availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability , accessibility and visibility of the licences authorising the acts described in paragraph 1 for educational establishments and cultural heritage institutions .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply measures to prevent or to hinder beneficiaries from benefiting from the exception provided for in paragraph 1 , unless such measures are to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their protected works or other subject - matter or to prevent the availability on their services of protected works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide to the public access to protected works or other subject - matter uploaded by their users shall conclude fair and balanced agreements with all rightholders governing such content at the request of those rightholders , unless they are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec . under the terms of the agreements with rightholders , these service providers shall take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter . these agreements should cover the liability of users of information society service providers when these users are not acting professionally for acts falling under articles 2 and 3 of directive 2001 / 29 / ec that they perform . when information society service providers play an active part but are not required to conclude a licence agreement by the holders of rights to works or other subject - matter stored by them and to which they provide public access , or are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec , but store and provide to the public access to a large number of protected works or other subject - matter , these service providers shall take measures to prevent protected works or other subject - matter identified by rightholders in cooperation with the service providers from being made available by their services . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers pursuant to this article .