### ‘ risk of absconding’ : means the existence of reasons in an individual case , which are based on objective criteria defined by national law , to believe that an applicant may abscond ; ### ' risk of absconding ' : means the existence of specific reasons in an individual case , which are based on objective and specific criteria in accordance with guidelines of the european union agency for asylum and with national law , to believe that an applicant may abscond , not including criteria such as merely being an applicant within the meaning of regulation . . . / . . . [ procedures regulation ] , or one ' s nationality , which are of a general nature ;


### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence , such as victims of female genital mutilation . ### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single women , adolescent girls , women - headed households , lesbian , gay , bisexual , trans and intersex persons , single parents with minor children , victims of human trafficking , victims of child , early or forced marriage , non - believers , apostates and religious minorities , persons with serious illnesses , persons with mental disorders , including post - traumatic stress disorder , and persons who have been subjected to torture , rape or other serious forms of psychological , physical , bias - motivated , sexual or gender - based violence , such as victims of female genital mutilation .


### member states shall ensure that the information referred to in paragraph 1 is in writing using a standard template which shall be developed by the european union agency for asylum and in a language that the applicant understands or is reasonably supposed to understand . where necessary , this information shall also be supplied orally and adapted to the needs of minors . ### member states shall ensure that the information referred to in paragraph 1 is in writing in a concise , transparent , intelligible and easily accessible form , using clear and plain language and a standard template which shall be developed by the european union agency for asylum and in a language that the applicant understands or is reasonably supposed to understand . it shall include relevant information in relation to the personal circumstances that may result in special reception needs or needs of special procedural guarantees as provided for in this directive and [ the procedure regulation ] . where necessary , this information shall also be supplied orally and in a visualised form through videos or pictograms and shall be adapted to the needs of minors or persons with special reception needs .


### detention of applicants shall be ordered in writing by judicial or administrative authorities . the detention order shall state the reasons in fact and in law on which it is based . ### detention of applicants shall be ordered in writing by judicial authorities . the detention order shall state the reasons in fact and in law on which it is based and shall contain a reference to the consideration of the available alternatives and the reasons as to why they could not be applied effectively .


### detention shall be reviewed by a judicial authority at reasonable intervals of time , ex officio and / or at the request of the applicant concerned , in particular whenever it is of a prolonged duration , relevant circumstances arise or new information becomes available which may affect the lawfulness of detention . ### detention shall be reviewed by a judicial authority at reasonable intervals of time , ex officio and / or at the request of the applicant concerned , in particular whenever it is of a prolonged duration , relevant circumstances arise or new information becomes available which may affect the lawfulness of detention . where , as a result of the judicial review , detention is held to be unlawful , the applicant concerned shall be released immediately .


### in cases of a judicial review of the detention order provided for in paragraph 3 , member states shall ensure that applicants have access to free legal assistance and representation . this shall include , at least , the preparation of the required procedural documents and participation in the hearing before the judicial authorities on behalf of the applicant . ### in cases of a judicial review of the detention order provided for in paragraph 5 , member states shall ensure that applicants have access to free legal assistance and representation . this shall include , at least , the preparation of the required procedural documents and participation in the hearing before the judicial authorities on behalf of the applicant .


### the best interests of the child , as referred to in article 22 , shall be a primary consideration for member states . ### the best interests of the child , as referred to in article 22 , shall be a primary consideration for member states . suitable care arrangements and reception measures for children and their families shall be community based , the least intrusive and respect the right to privacy and family life .


### in duly justified cases and for a reasonable period that shall be as short as possible member states may derogate from the third subparagraph of paragraph 2 , paragraph 4 and the first subparagraph of paragraph 5 , when the applicant is detained at a border post or in a transit zone , with the exception of the cases referred to in article 41 of regulation no xxx / xxx [ procedures regulation ] . ### in duly justified cases and for a reasonable period that shall be as short as possible member states may derogate from the first subparagraph of paragraph 5 , when the applicant is detained at a border post or in a transit zone .


### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres . ### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under the same conditions as their own nationals for the entire duration of their presence in the territory of the member state . such education may be provided in accommodation centres , as a temporary measure until access to national education systems is ensured .


### where housing is provided in kind , it shall supply an adequate standard of living and take one or a combination of the following forms : ### where housing is provided in kind , it shall supply an adequate standard of living , with the purpose of being suitable for applicants taking into consideration their specific situation and needs throughout the application procedure in order to avoid unnecessary moving between different places of accommodation , and take one or a combination of the following forms :


### member states shall take appropriate measures to prevent assault and gender - based violence , including sexual assault and harassment when providing accommodation . ### member states shall take appropriate measures to prevent assault and gender - based violence , including sexual assault and harassment as well as all forms of violence committed with a bias and discriminatory motive related to the victims ' personal characteristics as referred to in article 22 of directive 2012 / 29 / eu of the european parliament and of the council1a when providing accommodation . 1a directive 2012 / 29 / eu of the european parliament and of the council of 25&#160 ; october 2012 establishing minimum standards on the rights , support and protection of victims of crime , and replacing council framework decision 2001 / 220 / jha .


### such different conditions shall in any circumstances ensure access to health care in accordance with article 18 and a dignified standard of living for all applicants . ### such different conditions shall in any circumstances ensure full access to health care in accordance with article 18 and a dignified standard of living for all applicants in which their safety is guaranteed and special reception needs are identified , registered and met .


### with regard to applicants who are required to be present on their territory in accordance with regulation no xxx / xxx [ dublin regulation ] , member states may , in the situations described in paragraph 2 : ### with regard to applicants member states may , in the situations described in paragraph 2 , and on the basis of a decision of judicial authorities :


### the best interests of the child shall be a primary consideration for member states when implementing the provisions of this directive that involve minors . member states shall ensure a standard of living adequate for the minor ' s physical , mental , spiritual , moral and social development . ### the best interests of the child shall be a primary consideration for member states when implementing the provisions of this directive that may affect minors . member states shall ensure a standard of living adequate for the minor ' s physical , mental , spiritual , moral and social development .


### member states shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified record of child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians . ### member states shall as soon as possible and no later than five days from the moment when an unaccompanied minor arrives in the member state take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this directive . the guardian appointed in accordance with article [ 22 ] of regulation no xxx / xxx [ procedures regulation ] may perform those tasks . the unaccompanied minor shall be informed immediately of the appointment of the guardian . where an organisation is appointed as guardian , it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor , in accordance with this directive . the guardian shall be qualified and perform his or her duties in accordance with the principle of the best interests of the child , as prescribed in article 22 , shall have the necessary expertise to that end and shall not have a verified criminal record , especially with regard to any child - related crimes or offences . in order to ensure the minor’s well - being and social development referred to in article 22 , the person acting as guardian shall be changed only when necessary . appointed guardians ' criminal record shall be regularly reviewed by competent authorities to identify potential incompatibilities with their role . organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians .


### member states shall ensure that persons who have been subjected to gender - based harm , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care . ### member states shall ensure that persons who have been subjected to sexual and gender - based violence , other forms of bias - motivated violence , torture , rape or other serious acts of violence receive the necessary treatment for the damage caused by such acts , in particular access to appropriate medical and psychological treatment or care .


### in the context of internal reporting , the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures . the reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person . such reasonable timeframe should not exceed in total three months . where the appropriate follow up is still being determined , the reporting person should be informed about this and about any further feedback he / she should expect . ### in the context of internal reporting , the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures . the reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person . such reasonable timeframe should not exceed in total two months . where the appropriate follow up is still being determined , the reporting person should be informed about this and about any further feedback he / she should expect .


### follow up and feedback should take place within a reasonable timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report , as well as to avoid unnecessary public disclosures . such timeframe should not exceed three months , but could be extended to six months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation . ### follow up and feedback should take place within a reasonable timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report , as well as to avoid unnecessary public disclosures . such timeframe should not exceed two months , but could be extended to four months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation .


### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ; ### ‘ retaliation’ means any threatened or actual act or omission prompted by internal or external reporting or a public disclosure which occurs in a work - related context and causes or may cause detriment to the reporting person ;


### oral report through telephone lines , whether recorded or unrecorded ; ### oral report through recorded telephone lines ;


### the phone numbers , indicating whether conversations are recorded or unrecorded when using those phone lines ; ### the phone numbers , indicating that conversations are recorded ;


### the solidarity activities offered to young people should be of high quality , in the sense that they should respond to unmet societal needs , contribute to strengthening communities , offer young people the opportunity to acquire valuable knowledge and competences , be financially accessible to young people , and be implemented in safe and healthy conditions . ### the solidarity activities offered to all young people should be of high quality , in the sense that they should respond to unmet societal needs , contribute to strengthening communities , offer young people the opportunity to acquire valuable knowledge and competences , be financially accessible to young people , in particular efforts must be made to ensure participation of young persons with disabilities and disadvantages and be implemented in safe and healthy conditions .


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , the european youth forum , the european volunteer centre and other relevant civil society organisations including the social partners should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee .


### voluntary activities constitute a rich experience in a non - formal and informal learning context which enhances young people ' s personal , socio - educational and professional development , active citizenship and employability . voluntary activities should not have an adverse effect on potential or existing paid employment , nor should they be seen as a substitute for it . in order to ensure continuity with respect to the volunteering activities that are supported at union level , the volunteering activities under the european voluntary service that fall within the geographical scope of the european solidarity corps should be supported by the latter in the form of cross - border volunteering placements . the other volunteering activities under the european voluntary service that do not fall under the geographical scope of the european solidarity corps should continue to be supported under the programme established by regulation no 1288 / 2013 of the european parliament and of the council establishing ' erasmus + ' : the union programme for education , training , youth and sport20 . with respect to the interpretation of related legislation at union level , both the cross - border volunteering placements under the european solidarity corps and the volunteering activities that continue to be supported under regulation no 1288 / 2013 should be considered equivalent to those carried out under the european voluntary service . __________________ 20 regulation no 1288 / 2013 of the european parliament and of the council of 11 december 2013 establishing ' erasmus + ' : the union programme for education , training , youth and sport and repealing decisions no 1719 / 2006 / ec , no 1720 / 2006 / ec and no 1298 / 2008 / ec , oj l 347 , 20 . 12 . 2013 , p . 50 . ### voluntary activities constitute a rich experience in a non - formal and informal learning context which enhances young people ' s personal , socio - educational and professional development , active citizenship and employability . voluntary activities should not have an adverse effect on potential or existing paid employment , nor should they be seen as a substitute for it . solidarity placements in the form of volunteering under this regulation should be offered by public authorities or by participating organisations in the not for profit sector or those involved in collaboration with a not for profit entity . in order to ensure continuity with respect to the volunteering activities that are supported at union level , the volunteering activities under the european voluntary service that fall within the geographical scope of the european solidarity corps should be supported by the latter in the form of cross - border volunteering placements . the other volunteering activities under the european voluntary service that do not fall under the geographical scope of the european solidarity corps should continue to be supported under the programme established by regulation no 1288 / 2013 of the european parliament and of the council establishing ' erasmus + ' : the union programme for education , training , youth and sport20 . with respect to the interpretation of related legislation at union level , both the cross - border volunteering placements under the european solidarity corps and the volunteering activities that continue to be supported under regulation no 1288 / 2013 should be considered equivalent to those carried out under the european voluntary service . __________________ 20 regulation no 1288 / 2013 of the european parliament and of the council of 11 december 2013 establishing ' erasmus + ' : the union programme for education , training , youth and sport and repealing decisions no 1719 / 2006 / ec , no 1720 / 2006 / ec and no 1298 / 2008 / ec , oj l 347 , 20 . 12 . 2013 , p . 50 .


### young people and organisations participating in the european solidarity corps should feel that they belong to a community of individuals and entities committed to enhancing solidarity across europe . at the same time , participating organisations need support to strengthen their capacities to offer good quality placements to an increasing number of participants . the european solidarity corps should support networking activities aimed at strengthening young people and participating organisations’ engagement in this community , at fostering a european solidarity corps spirit , as well as at encouraging the exchange of useful practices and experience . those activities should also contribute to raising awareness about the european solidarity corps among public and private actors as well as to collect feedback from participants and participating organisations on the implementation of the european solidarity corps . ### young people and organisations participating in the european solidarity corps should feel that they belong to a community of individuals and entities committed to enhancing solidarity across europe . at the same time , participating organisations need support to strengthen their capacities to offer good quality placements to an increasing number of participants . the european solidarity corps should support networking activities aimed at strengthening the capacity of young people and participating organisations’ engagement in this community , at fostering a european solidarity corps spirit , as well as at encouraging the exchange of useful practices and experience . those activities should also contribute to raising awareness about the european solidarity corps among public and private actors as well as to collect feedback from participants and participating organisations on the implementation of the european solidarity corps .


### any entity willing to participate in the european solidarity corps , whether funded by the european solidarity corps budget , by another union programme or by a different funding source , should receive a quality label provided that the appropriate conditions are fulfilled . the process that leads to the attribution of a quality label should be carried out on a continuous basis by the implementing structures of the european solidarity corps . the attributed quality label should be reassessed periodically and could be revoked if , in the context of the checks to be performed , the conditions that led to its attribution were found to be no longer fulfilled . ### any entity willing to participate in the european solidarity corps , whether funded by the european solidarity corps budget , by another union programme or by a different funding source , should receive a quality label provided that the appropriate conditions are fulfilled . the process that leads to the attribution of a quality label should be carried out on a continuous basis by the implementing structures of the european solidarity corps . unnecessary administrative burdens must be avoided in this process . the attributed quality label should be reassessed periodically and could be revoked if , in the context of the checks to be performed , the conditions that led to its attribution were found to be no longer fulfilled .


### any entity willing to participate in the european solidarity corps , whether funded by the european solidarity corps budget , by another union programme or by a different funding source , should receive a quality label provided that the appropriate conditions are fulfilled . the process that leads to the attribution of a quality label should be carried out on a continuous basis by the implementing structures of the european solidarity corps . the attributed quality label should be reassessed periodically and could be revoked if , in the context of the checks to be performed , the conditions that led to its attribution were found to be no longer fulfilled . ### any entity willing to participate in the european solidarity corps , whether funded by the european solidarity corps budget , by another union programme or by a different funding source , should first receive a quality label provided that the appropriate conditions are fulfilled . the process that leads to the attribution of a quality label should be carried out on a continuous basis by the implementing structures of the european solidarity corps . the attributed quality label should be reassessed periodically and could be revoked if , in the context of the checks to be performed , the conditions that led to its attribution were found to be no longer fulfilled .


### this regulation should apply from 1 january 2018 . in order to allow for the prompt application of the measures provided for in this regulation , this regulation should enter into force on the day following that of its publication in the official journal of the european union . ### this regulation should apply from 1 march 2018 . in order to allow for the prompt application of the measures provided for in this regulation , this regulation should enter into force on the day following that of its publication in the official journal of the european union .


### “participating organisation” means any public or private entity that has been attributed the european solidarity corps quality label , which offers a placement to a participant in the european solidarity corps or implements other activities in the framework of the european solidarity corps ; ### “participating organisation” means any public or private entity that has already been attributed the european solidarity corps quality label and which offers a placement to a participant in the european solidarity corps or implements other activities in the framework of the european solidarity corps ;


### “european solidarity corps charter” means the document that sets out the respective rights and responsibilities that all the entities willing to join the european solidarity corps must agree to adhere to ; ### “european solidarity corps charter” means the document that sets out the respective rights and responsibilities that all the entities willing to join the european solidarity corps must agree to adhere to in advance and comply with at all times in order to obtain and keep the quality label ;


### “european solidarity corps resource center” means the additional functions performed by a designated national agency to support the development and implementation of activities under the european solidarity corps as well as the identification of the competences acquired by the participants through their placements and projects ; ### “european solidarity corps resource center” means the additional functions performed by an entity selected for this purpose following a tender allocation process to support the development and implementation of activities under the european solidarity corps as well as the identification of the competences acquired by the participants through their placements and projects ;


### in the light of the council conclusions of 12 february 2016 on the fight against the financing of terrorism , the communication from the commission to the european parliament and the council on an action plan for strengthening the fight against terrorist financing24 and the directive on combating terrorism25 , common rules on trade with third countries should be enacted so as to ensure the effective protection against the loss of cultural goods , the preservation of humanity ' s cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the union . __________________ 24 com 50 final . 25 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha ; oj l 88 , 31 . 3 . 2017 , p . 6 - 21 ### in the light of the council conclusions of 12 february 2016 on the fight against the financing of terrorism , the communication from the commission to the european parliament and the council on an action plan for strengthening the fight against terrorist financing24 and the directive on combating terrorism25 , common rules on trade with third countries should be enacted so as to ensure the effective protection againsttrafficking , the loss of cultural goods , the preservation of humanity ' s cultural heritage and the prevention of terrorist financing and money laundering through the selling of looted cultural heritage to buyers in the union . __________________ 24 com 50 final . 25 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha ; oj l 88 , 31 . 3 . 2017 , p . 6 - 21


### 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 procurement of a licence issued electronically 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 . the decisions of the competent authorities should be communicated immediately to the relevant customs offices .


### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature and to amend the minimum age threshold in the third column of the table in the annex in the light of experience gathered during the implementation of this regulation . ### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature , to amend the minimum age threshold in the third column of the table in the annex in the light of experience gathered during the implementation of this regulation , and to add geographical areas in which cultural goods are at a significantly higher risk of trafficking and pillaging .


### 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 express purpose of storing them for their protection , or under the supervision of , a public authority .


### the commission may adopt , by means of implementing acts , the specific modalities for the temporary admission or storage of cultural goods referred to in paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission may adopt , by means of implementing acts , the specific modalities for the temporary admission or storage of cultural goods for their protection referred to in paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### 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 template for the importer declaration and 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 .


### with regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the union , the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of article 5 and corresponds to the goods presented . for that purpose , they may require additional information from the declarant and physically examine the cultural goods , including by conducting an expertise . they shall register the importer statement by attributing to it a serial number and a registration date and , upon release of the goods , provide the declarant with a copy of the registered importer statement . ### with regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the union , the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of article 5 and corresponds to the goods presented . for that purpose , they may require additional information from the declarant and physically examine the cultural goods , including by conducting an expertise . they shall register the importer statement by attributing to it a serial number and a registration date and , upon release of the goods , provide the declarant with a copy of the registered importer statement and send the statement to the competent authorities .


### for the purposes of implementing this regulation , member states shall ensure co - operation between their competent authorities referred to in article 3 . ### the competent authorities referred to in article 2 and the member states ' customs authorities shall work together and with the commission to ensure that this regulation is complied with .


### 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 competent authorities of the member states and member state customs authorities , in particular regarding importer statements and import licences .


### 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 import into the eu of cultural goods without the relevant certificate , to the use of a certificate for cultural goods other than those for which it was issued , or 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 .


### information on infringements of this regulation ; ### information on infringements of this regulation and the penalties applied ;


### 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 .


### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence technological and industrial capabilities to respond to security challenges , as well as to foster a competitive , innovative and efficient european defence industry . it proposed in particular to launch a european defence fund to support investments in joint research and the joint development of defence products and technologies , thus fostering synergies and cost - effectiveness , and to promote the member states ' joint purchase and maintenance of defence equipment . this fund would complement national funding already used for this purpose and should act as an incentive for member states to cooperate and invest more in defence . the fund would support cooperation during the whole cycle of defence products and technologies . ### in the european defence action plan , adopted on 30 november 2016 , the commission committed to complement , leverage and consolidate collaborative efforts by member states in developing defence technological and industrial capabilities to respond to security challenges , as well as to foster a competitive , innovative , efficient european defence industry and to create a more integrated defence market in europe . it proposed in particular to launch a european defence fund to support investments in joint research and the joint development of defence products and technologies , thus fostering synergies and cost - effectiveness , and to promote the member states ' joint purchase and maintenance of defence equipment . this fund would complement national funding already used for this purpose and should act as an incentive for member states to cooperate and invest more in defence . the fund would support cooperation during the whole cycle of defence products and technologies .


### the difficulty to agree on consolidated defence capability requirements and common technical specifications or standards hampers cross - border collaboration between member states and between legal entities based in different member states . the absence of such requirements , specifications and standards has led to increased fragmentation of the defence sector , technical complexity , delays and inflated costs as well as decreased interoperability . the agreement on common technical specifications should be a prerequisite for actions involving a higher level of technological readiness . activities of member states leading to common defence capability requirements and supporting studies as well as actions aiming at supporting the creation of a common definition of technical specifications or standards should also be eligible for support by the fund . ### the difficulty to agree on consolidated defence capability requirements and common technical specifications or standards hampers cross - border collaboration between member states and between legal entities based in different member states . the absence of such requirements , specifications and standards has led to increased fragmentation of the defence sector , technical complexity , delays , inflated costs , unnecessary duplication of capabilities as well as decreased interoperability . the agreement on common technical specifications should be a prerequisite for actions involving a higher level of technological readiness . activities of member states leading to common defence capability requirements and supporting studies as well as actions aiming at supporting the creation of a common definition of technical specifications or standards should also be eligible for support by the fund .


### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . at least three of these legal eligible entities established in at least two different member states and / or associated countries should not be effectively controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement . ### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . on the top of it , a cooperation might include legal entities from an associated country . legal eligible entities should not be effectively controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement .


### in certain circumstances , if this is necessary for achieving the objectives of the action , it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non - associated third countries or non - associated third country entities . in that perspective , legal entities established in the union that are controlled by a non - associated third country or a non - associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the union and its member states are fulfilled . the participation of such entities should not contravene the objectives of the fund . applicants should provide all relevant information about the infrastructure , facilities , assets and resources to be used in the action . ### in certain circumstances , it should be possible to derogate from the principle that beneficiaries and subcontractors involved in an action are not subject to control by a third country or by a third - country entity . in that context , undertakings established in the union that are controlled by a third country or by a third - country entity should be able to be eligible for funding provided that relevant , strict conditions relating to the security and defence interests of the union and its member states , as established in the framework of the common foreign and security policy pursuant to title v of the treaty on european union , including in terms of strengthening the european defence technological and industrial base , are fulfilled . the participation of such undertakings should not contravene the objectives of the programme . beneficiaries should provide all relevant information about the infrastructure , facilities , assets and resources to be used in the action . member states ' concerns regarding security of supply should also be taken into account .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . regional and international priorities , including those in the north atlantic treaty organisation context , must also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided .


### the commission should establish annual or multiannual work programmes in line with the objectives of the fund . the commission should be assisted in the establishment of the work programme by a committee of member states . in order to benefit from its expertise in the defence sector , the european defence agency will be given the status of an observer in the committee . given the specificities of the defence area , the european external action service should also assist in the committee of member states . ### the commission should establish annual or multiannual work programmes in line with the objectives of the fund . the work programme shall set out in detail the categories of projects to be funded under the fund and their direct relation to the objectives set out in the fund . the work programme shall also ensure that a credible proportion of the overall budget will benefit actions enabling the cross - border participation of smes , possibly on the basis of a specific project category focusing on smes cross - border participation . the commission should be assisted in the establishment of the work programme by a committee of member states . in order to benefit from its expertise in the defence sector , the european defence agency will be given the status of an observer in the committee . given the specificities of the defence area , the european external action service should also assist in the committee of member states .


### in order to support an open internal market , participation of cross - border smes and mid - caps , either as members of consortia or as subcontractors , should be encouraged . ### in light of the union policy on smes and mid - caps as being key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the actions supported typically require trans - national collaboration , it is of importance that the work programme reflect and enable open and transparent cross - border access and participation of smes and mid - caps , and that therefore at least 20 % of the overall budget benefit such actions , allowing smes and mid - caps to be included in the value chains of the actions . a category of projects should be specifically dedicated to smes and mid - caps .


### ' executive management structures ' means any body or bodies , appointed in accordance with national law , which are empowered to set the legal entity ' s strategy , objectives and overall direction , and which oversee and monitor management decision - making ; ### ‘ executive management structure’ means a body of an undertaking appointed in accordance with national law , and , where applicable , reporting to the chief executive officer , which is empowered to establish the undertaking ' s strategy , objectives and overall direction , and which oversees and monitors management decision - making ;


### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries or non - associated third country entities . ### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not exclusively controlled by non - associated third countries or non - associated third country entities .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states . on the top of it , a cooperation might include legal entities from associated countries . legal eligible entities shall not be effectively controlled , directly or indirectly , by the same entity or shall not control each other .


### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public . ### independent experts shall be union ' s citizens identified and selected on the basis of open and transparent calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public .


### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . ### the commission shall send the evaluations as referred to in paragraph 2 and 3 , accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions .


### audits on the use of the union contribution carried out by persons or entities , including by other than those mandated by the union institutions or bodies , shall form the basis of the overall assurance pursuant to article [ 127 ] of the financial regulation . the european court of auditors shall examine the accounts of all revenue and expenditure of the union according to article 287 tfeu . ### audits on the use of the union contribution carried out by persons or entities , including by other than those mandated by the union institutions or bodies , shall form the basis of the overall assurance pursuant to article [ 127 ] of the financial regulation . the european court of auditors shall examine the accounts of all revenue and expenditure of the union according to article 287 tfeu including effectiveness of finances spent on projects suported by the fund .


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . the distribution of and access to television and radio programmes is therefore increasingly done on a multiplatform and technologically neutral basis . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment , therefore not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance . ### a number of barriers hinder the provision of online services by broadcasters and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance . the clearance of rights insufficiently exists on a multiplatform and technology neutral basis and therefore limits the potential of innovation and value that can be created from technological developments . administrative costs arising from the clearance of rights prevent broadcasters from investing in innovative models to distribute and promote content . in addition , public broadcasting organisations have a duty , either stipulated by law or statute , to promote local culture or improve access to information . therefore , in order to effectively fulfil these duties and reach the population that has contributed fees or taxes to fulfill this public service , public broadcasters should be able to make available their content to the population of that member state , independent from their place of residence or temporary location .


### council directive 93 / 83 / eec17 facilitates cross - border satellite broadcasting and retransmission by cable of television and radio programmes from other member states of the union . however , the provisions of that directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other member states are limited to simultaneous , unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies . _________________ 17 council directive 93 / 83 / eec of 27 september 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission oj l 248 , 6 . 10 . 1993 , p . 15–21 . ### council directive 93 / 83 / eec17 facilitates cross - border satellite broadcasting and retransmission by cable of television and radio programmes from other member states of the union . however , the provisions of that directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services while the provisions concerning retransmissions of television and radio programmes from other member states are limited to simultaneous , unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies such as wire and wireless technologies . _________________ 17 council directive 93 / 83 / eec of 27 september 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission oj l 248 , 6 . 10 . 1993 , p . 15–21 .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , as the implementation of the council directive 93 / 83 / eec17 has proven , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### at least every ten years , the commission shall publish a general report on the experience acquired as a result of the operation of the procedures laid down in this regulation and in chapter 4 of title iii of directive 2001 / 83 / ec . ’ ; ### at least every five years , the commission shall publish a general report on the experience acquired as a result of the operation of the procedures laid down in this regulation and in chapter 4 of title iii of directive 2001 / 83 / ec . ’ ;


### “ “arable land” means land cultivated for crop production or areas available for crop production but lying fallow , including areas set aside in accordance with articles 22 , 23 and 24 of regulation no 1257 / 1999 , with article 39 of regulation no 1698 / 2005 and with article 28 of regulation no 1305 / 2013 , irrespective of whether or not that land is under greenhouses or under fixed or mobile cover ; ” ### in article 4 , this point is replaced by the following : “ “ “arable land” means land cultivated for crop production or areas available for crop production but lying fallow including areas set aside in accordance with articles 22 , 23 and 24 of regulation no 1257 / 1999 , with article 39 of regulation no 1698 / 2005 and with article 28 of regulation no 1305 / 2013 , irrespective of whether or not that land is under greenhouses or under fixed or mobile cover ; it may include , where member states so decide , all areas lying fallow and covered by grasses or other herbaceous forage that were agricultural areas but not permanent grassland at the time of being left to lie fallow for the first time ; ”“


### “ “permanent grassland and permanent pasture” means land used to grow grasses or other herbaceous forage naturally or through cultivation and that has not been included in the crop rotation of the holding for five years or more ; it may include other species such as shrubs and / or trees which can be grazed provided that the grasses and other herbaceous forage remain predominant as well as , where member states so decide , land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas ; ” ### in article 4 , this point is replaced by the following : “ “ “permanent grassland and permanent pasture” means land used to grow grasses or other herbaceous forage naturally or through cultivation and that has not been included in the crop rotation of the holding for five years or more ; it may include other species such as shrubs and / or trees which can be grazed provided that the grasses and other herbaceous forage remain predominant as well as , where member states so decide , land which can be grazed and , where member states so decide , other sources of non - forage animal feed provided that the grasses and other herbaceous forage remain predominant as well as , where member states so decide : land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas , and / or land which can be grazed where grasses and other herbaceous forage are not predominant , or absent , in grazing areas ; for the purpose of this definition member states may decide that the following practices are crop rotations : the seeding of grasses or other herbaceous forage on an area after removal of a prior cover of grass or other herbaceous forage if the new cover is established by species or a mix of species other than the prior cover , or the seeding of grasses or other herbaceous forage on an area directly or after removal of a prior cover of grass or other herbaceous forage ; ”“


### follow up and feedback should take place within a reasonable timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report , as well as to avoid unnecessary public disclosures . such timeframe should not exceed three months , but could be extended to six months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation . ### follow up and feedback should take place within a reasonable timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report , as well as to avoid unnecessary public disclosures . such timeframe should not exceed two months , but could be extended to four months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation .


### persons having the status of worker , with the meaning of article 45 tfeu ; ### persons having the status of worker&#160 ; with the meaning of article 45 tfeu as well as former workers ;


### ‘ disclosure’ means making information on breaches acquired within the work - related context available to the public domain ; ### ‘ public disclosure’ means making information on breaches acquired within the work - related context available to the public domain ;


### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ; ### ‘ retaliation’ means any threatened or actual act or omission prompted by internal or external reporting or a public disclosure which occurs in a work - related context and causes or may cause detriment to the reporting person ;


### oral report through telephone lines , whether recorded or unrecorded ; ### oral report through recorded telephone lines ;


### the phone numbers , indicating whether conversations are recorded or unrecorded when using those phone lines ; ### the phone numbers , indicating that conversations are recorded ;


### “for the purposes of article 13 and article 30 of this directive , the indication of ownership or control set out in the second paragraph is reduced to 10% whenever the legal entity is a passive non - financial entity as defined in directive 2011 / 16 / eu” ; ### ' for the purposes of article 13 and article 30 of this directive , the indication of ownership or control set out in the second subparagraph is reduced to 10%” ;


### if , after having exhausted all possible means and provided there are no grounds for suspicion , no person under point is identified , or if there is any doubt that the person identified are the beneficial owner , the natural person who hold the position of senior managing official , the obliged entities shall keep records of the actions taken in order to identify the beneficial ownership under point and this point ; ### in point , point is replaced by the following : “if , after having exhausted all possible means , the entity fails to provide the identity of any natural person who meets the criteria set out in point , the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point . where there is any doubt that the person identified are the beneficial owner , a record of that doubt shall be made . in addition , obliged entities shall identify and verify the identity of the relevant natural person who holds the position of senior managing official , who shall be identified as the ' senior manager ' , and record details of all legal owners of the entity ; ”


### the information held in the register referred to in paragraph 3a of this article with respect to any other trusts than those referred to in article 7b of directive 2009 / 101 shall be accessible to any person or organisation that can demonstrate a legitimate interest . ### the information held in the register referred to in paragraph 3a of this article with respect to any other trusts than those referred to in article 7b of directive 2009 / 101 shall be publicly accessible .


### the information accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name , the month and year of birth , the nationality and the country of residence of the beneficial owner as defined in article 3 . ### the information publicly accessible shall consist of at least the name , the date of birth , the nationality , the country of residence , contact details , the nature and extent of the beneficial interest held of the beneficial owner as defined in article 3 .


### member states shall put in place automated centralised mechanisms , such as central registries or central electronic data retrieval systems , which allow the identification , in a timely manner , of any natural or legal persons holding or controlling payment accounts as defined in directive 2007 / 64 / ec and bank accounts held by a credit institution within their territory . member states shall notify the commission of the characteristics of those national mechanisms . ### member states shall put in place automated centralised mechanisms , such as central registries or central electronic data retrieval systems , which allow the identification , in a timely manner , of any natural or legal persons holding or controlling payment accounts as defined in directive 2007 / 64 / ec as well as bank accounts held by a credit institution within their territory . member states shall notify the commission of the characteristics of those national mechanisms .


### member states shall ensure that the beneficial ownership information referred to in paragraph 1 of this article shall also be made publicly available through the system of interconnection of registers referred to in article 4a . ### member states shall ensure that the beneficial ownership information referred to in paragraph 1 of this article shall also be made publicly available through the system of interconnection of registers referred to in article 4a , in accordance with data protection rules and open data standards , as defined in article 2 of directive 2003 / 98 / ec , and subject to online registration .


### investments in companies following good governance practices , and in particular companies with sound management structures , employee relations , remuneration of relevant staff and tax compliance ; ### investments that promote or support good governance practices in companies following good governance practices in companies , and in particular promoting sound management structures , employee relations , remuneration of relevant staff and tax compliance , and that do not significantly harm any other environmental or social objective ;


### for the purposes of this directive , “essential component” shall mean the barrel , frame , receiver , slide or cylinder , bolt or breach block and any device designed or adapted to diminish the sound caused by firing a firearm which , being separate objects , are included in the category of the firearms on which they are or are intended to be mounted . ### for the purposes of this directive , “essential component” shall mean the barrel , frame , receiver , loading device , slide or cylinder , bolt or breech block and any device designed or adapted to diminish the sound caused by firing a firearm which , being separate objects , are included in the category of the firearms on which they are or are intended to be mounted .


### for the purposes of this directive , ' alarm and signal weapons ' shall mean portable devices with a cartridge holder having a gas exit to the front , aside or on the top , which are specifically designed and constructed for the purpose of raising alarm or sending a signal and which are only designed to fire blanks , irritants , other active substances or pyrotechnic ammunition . ### for the purposes of this directive , ' alarm and signal weapons ' shall mean devices with a cartridge holder designed to only fire blanks , irritants , other active substances or pyrotechnic ammunition and which are not capable of being converted to expel a shot , bullet or projectile by the action of a combustible propellant .


### ' 3 . for the purposes of this directive , a person shall be deemed to be a resident of the country indicated by the address appearing on a document establishing his place of residence , such as a passport or an identity card , which , on a check on possession or on acquisition , is submitted to the authorities of a member state or to a dealer . ' ### paragraph 3 is replaced by the following : ' 3 . for the purposes of this directive , a person shall be deemed to be a resident of the country indicated by the address appearing on a document establishing his or her place of residence , such as a passport or an identity card , which , on a check on possession or on acquisition , is submitted to the authorities of a member state or to a dealer . if a person ' s address does not appear on his or her passport or identity card , the country of residence will be determined on the basis of any other official proof of residence recognised by the member state concerned . '


### for the purposes of identifying and tracing each assembled firearm , member states shall , at the time of manufacture of each firearm or at the time of import to the union , require a unique marking including the name of the manufacturer , the country or place of manufacture , the serial number and the year of manufacture , if not already part of the serial number . this shall be without prejudice to the affixing of the manufacturer ' s trademark . ### for the purpose of identifying and tracing each assembled firearm and each essential component , member states shall , at the time of manufacture of each firearm and each essential component , or at the time of its being manufactured or imported into the union , require a unique marking including the name of the manufacturer , the country or place of manufacture , the serial number and the year of manufacture , if not already part of the serial number . this shall be without prejudice to the affixing of the manufacturer ' s trademark .


### this filing system shall record each firearm ' s type , make , model , calibre and serial number , as well as the names and addresses of the supplier and the person acquiring or possessing the firearm . the record of firearms , including deactivated firearms , shall be maintained until destruction of the firearm has been certified by the competent authorities . ### that data - filing system shall record all information relating to firearms which is needed in order to trace and identify those firearms . that information shall include each firearm ' s type , make , model , calibre and serial number , and any conversions or modifications to a firearm , including its certified deactivation or destruction and the date thereof , as well as the names and addresses of the supplier and of each person acquiring or possessing the firearm , including the dates of acquisition and , where applicable , the end of possession or transfer to another person unless such transfer concerns a firearm which has been registered as deactivated . the current records relating to each firearm and the person possessing it shall be accessible to all authorised authorities . all records relating to the firearm shall be maintained in an electronically retrievable format for an indefinite period .


### member states shall establish a system for the regulation of the activities of brokers and dealers . such a system may include one or more of the following measures : ### member states shall establish a system for the regulation of the activities of brokers and dealers . such a system shall include the following measures :


### are at least 18 years of age , except in relation to the possession of firearms for hunting and target shooting , provided that in that case persons of less than 18 years of age have parental permission , or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence , or are within a licenced or otherwise approved training centre ; ### are at least 18 years of age , except in relation to the acquisition other than through purchase , and possession of firearms for hunting and target shooting , provided that in that case persons of less than 18 years of age have parental permission , or are under parental guidance or the guidance of an adult with a valid firearms or hunting licence , or are within a licenced or otherwise approved training centre ;


### member states shall take measures to ensure that alarm and signal weapons as well as salute and acoustic weapons cannot be converted into firearms . ### member states shall take all necessary measures with regard to arms manufacturers and arms dealers to ensure that alarm and signal weapons as well as salute and acoustic weapons cannot be converted into firearms . the member states shall also ensure that these arms have been marked in line with article 4 of this directive and that they are recorded on the computerised data - filing systems maintained by the member states .


### the commission shall , by [ date ] , assess the necessary elements of a system for the exchange of information contained in the computerised data - filing systems referred to in article 4 between the member states . the commission ' s assessment shall be accompanied , if appropriate , by a legislative proposal taking into account existing instruments regarding exchange of information . ### the commission shall , by [ date ] , assess the necessary elements of a system allowing each member state to access information contained in the computerised data - filing systems referred to in article 4 . the commission ' s assessment shall be accompanied , if appropriate , by a legislative proposal taking into account existing instruments regarding exchange of information .


### as this regulation does not cover such risks caused by appliances burning gaseous fuels in case of incorrect installation , maintenance or use , member states are encouraged to take measures to ensure that public is made aware of the risks related to combustion products and in particular to carbon monoxide . ### as this regulation does not cover such risks caused by appliances burning gaseous fuels in case of incorrect installation , maintenance or use , member states are strongly encouraged to take measures to ensure that public is made aware of the health and safety risks related to combustion products and the need for proper precautionary safety measures , in particular in relation to emissions of carbon monoxide .


### fittings are not appliances burning gaseous fuels , but intermediate products made available between professionals and intended to be incorporated into an appliance . as the appropriate design of a fitting contributes to the correct and safe functioning of a finished appliance and as the gas related risks of an appliance can only be assessed after incorporation of the fitting , it is appropriate that fittings do not bear the ce marking . ### fittings are not appliances burning gaseous fuels , but intermediate products intended for appliance manufacturers and designed to be incorporated into an appliance . however , fittings should satisfy the essential requirements so as to fulfil correctly their intended purpose when incorporated into an appliance or assembled to constitute such an appliance . with a view to simplification and in order to avoid any confusion and misunderstanding for manufacturers in implementation of their obligations , it is considered justified that fittings should also bear the ce marking . exceptions should be provided for in cases where the size or nature of the fitting does not allow the ce marking to be affixed to it .


### the ce marking and the inscriptions referred to in annex iv shall be affixed visibly , legibly and indelibly to the appliance or to its data plate . ### the ce marking and the inscriptions referred to in annex iv shall be affixed visibly , legibly and indelibly to the appliance or to its data plate . where that is not possible or warranted on account of the nature of the appliance , the ce marking shall be affixed to the packaging and to the instructions accompanying the appliance .


### the inscriptions referred to point 2 of annex iv shall be affixed , visibly , legibly and indelibly to the fitting or to its data plate , as far as relevant . ### the inscriptions referred to point 2 of annex iv shall be affixed , visibly , legibly and indelibly to the fitting or to its data plate , as far as relevant . where that is not possible or warranted on account of the nature of the fitting , the ce marking shall be affixed to the packaging and to the instructions accompanying the fitting .


### the ce marking and / or the inscriptions referred to in annex iv shall be affixed before the appliance or the fitting is placed on the market . ### the ce marking and / or the inscriptions referred to in annex iv shall be affixed before the appliance or the fitting is placed on the market . where that is not possible or warranted on account of the nature of the appliance or fitting , the ce marking shall be affixed to the packaging and to the instructions accompanying the appliance or fitting .


### the union needs to ensure its freedom of action and autonomy to have access to space and be able to use it safely . it is therefore essential that it maintains autonomous , reliable and cost - effective access to space , especially as regards critical infrastructure and technology , public security and the security of the union and its member states . the commission should therefore have the possibility to aggregate launch services at european level , both for its own needs and , at their request , for those of other entities , including member states , in conformity with the provisions of article 189 of the treaty . it is also crucial that the union continues to have modern , efficient and flexible launch infrastructure facilities . in addition to measures taken by member states and the european space agency , the commission should consider ways to support such facilities . in particular , where space ground infrastructure necessary to perform launches in line with the needs of the programme is to be maintained or upgraded , it should be possible to partially fund such adaptations under the programme , in line with the financial regulation and where a clear eu value added can be established , with the view of achieving a better cost efficiency for the programme . ### the union needs to ensure its freedom of action and autonomy to have access to space and be able to use it safely . it is therefore essential that it maintains autonomous , reliable , efficient and cost - effective access to space , especially as regards critical infrastructure and technology , public security and the security of the union and its member states . the commission should encourage the organisation of services at european level , both for its own needs and , at their request , for those of other entities , including member states , in conformity with the provisions of article 189 of the treaty . it is also crucial that the union continues to have modern , efficient and flexible launch infrastructure facilities . in addition to measures taken by member states and the european space agency , the commission should consider ways to support such facilities . in particular , where space ground infrastructure necessary to perform launches in line with the needs of the programme is to be maintained or upgraded , it should be possible to partially fund such adaptations under the programme , in line with the financial regulation and where a clear eu value added can be established , with the view of achieving a better cost efficiency for the programme .


### to strengthen the competitiveness of the union space industry and gain capacities in designing , building and operating its own systems , the union should support the creation , growth , and development of the entire space industry . the emergence of a business - and innovation - friendly model should be supported at european , regional and national levels by establishing space hubs that bring together the space , digital and user sectors . the union should foster the expansion of union - based space companies to help them succeed , including by supporting them in accessing risk finance in view of the lack , within the union , of appropriate access to private equity for space start - ups and by creating innovation partnerships . ### to strengthen the competitiveness of the union space industry and gain and develop capacities in designing , building and operating its own systems , the union should support the entire space industry . the emergence of a business - and innovation - friendly model should be supported at european , regional and national levels by establishing space hubs that bring together the space , digital and user sectors . the union should foster the expansion of union - based space companies to help them succeed , including by supporting them in accessing risk finance in view of the lack , within the union , of appropriate access to private equity for space start - ups and by creating innovation partnerships .


### the programme shares similar objectives with other union programmes , notably horizon europe , investeu fund , european defence fund and funds under regulation [ common provisions regulation ] . therefore , cumulative funding from those programmes should be foreseen , provided they do cover the same cost items , in particular through arrangements for complementary funding from union programmes where management modalities permit - either in sequence , in an alternating way , or through the combination of funds including for the joint funding of actions , allowing , where possible , innovation partnerships and blending operations . during the implementation of the programme , the commission should therefore promote synergies with other related union programmes which would allow , where possible , use of access to risk finance , innovation partnerships , cumulative or blended funding . ### the programme shares similar objectives with other union programmes , notably horizon europe , investeu fund , european defence fund and funds under regulation [ common provisions regulation ] . therefore , cumulative funding from those programmes should be foreseen , provided they do cover the same costs , in particular through arrangements for complementary funding from union programmes where management modalities permit - either in sequence , in an alternating way , or through the combination of funds including for the joint funding of actions , allowing , where possible , innovation partnerships and blending operations . during the implementation of the programme , the commission should therefore promote synergies with other related union programmes which would allow , where possible , use of access to risk finance , innovation partnerships , cumulative or blended funding .


### to maximise the socio - economic benefits of galileo and egnos , notably in the area of security , the use of the services provided by egnos and galileo in other union policies should be promoted where this is justified and beneficial . ### to maximise the socio - economic benefits of galileo and egnos , notably in the area of security , the use of the services provided by egnos and galileo should be mainstreamed in other union policies where possible . measures to encourage the use of these services in all member states are also an important stage in the process .


### copernicus should ensure an autonomous access to environmental knowledge and key technologies for earth observation and geo - information services , thereby enabling the union to achieve independent decision - making and actions in the fields of the environment , climate change , civil protection , security , as well as the digital economy , among others . ### copernicus should ensure an autonomous access to environmental and agricultural knowledge and key technologies for earth observation and geo - information services , thereby enabling the union to achieve independent decision - making and actions in the fields of the environment , agriculture , biodiversity , land use , climate change , civil protection , security , as well as the digital economy , among others .


### with regard to data acquisition , the activities under copernicus should aim at completing and maintaining the existing space infrastructure , preparing the long - term replacement of the satellites at the end of their lifetime , as well as initiating new missions addressing new observation systems to support meeting the challenge of global climate change . activities under copernicus should expand their global monitoring coverage over the polar regions and support environmental compliance assurance , statutory environmental monitoring and reporting and innovative environmental applications . in doing so , copernicus should leverage and take maximum advantage of the investments made under the previous funding period , while exploring new operational and business models to further complement the copernicus capacities . copernicus should also build on successful partnerships with member states to further develop its security dimension under appropriate governance mechanisms , in order to respond to evolving user needs in the security domain . ### with regard to data acquisition , the activities under copernicus should aim at completing and maintaining the existing space infrastructure , preparing the long - term replacement of the satellites at the end of their lifetime , as well as initiating new missions , whose feasibility is currently being studied by the european space agency , addressing new observation systems to support meeting the challenge of global climate change and agricultural monitoring . activities under copernicus should expand their global monitoring coverage over the polar regions and support environmental compliance assurance , statutory environmental monitoring and reporting and innovative environmental applications . in doing so , copernicus should leverage and take maximum advantage of the investments made under the previous funding period , while exploring new operational and business models to further complement the copernicus capacities . copernicus should also build on successful partnerships with member states to further develop its security dimension under appropriate governance mechanisms , in order to respond to evolving user needs in the security domain .