### the competent cross - border coordination point shall analyse the initiative document . it shall liaise with all competent committing authorities and with the national or , where relevant , other regional cross - border coordination points in the committing member state and with the national cross - border coordination point in the transferring member state . ### the competent cross - border coordination point of the committing member state shall analyse the initiative document . it shall liaise with all competent committing authorities and with the national or , where relevant , other regional cross - border coordination points in the committing member state and with the national cross - border coordination point in the transferring member state .


### upon receipt of an initiative document , the competent cross - border coordination point of the transferring member state shall also carry out the tasks listed in article 10 and may send its preliminary reaction to the competent cross - border coordination point of the committing member state . ### within three months of receipt of an initiative document , the competent cross - border coordination point of the transferring member state shall send its preliminary reaction to the competent cross - border coordination point of the committing member state .


### within three months after receipt of the initiative document the competent cross - border coordination point shall take , one or more of the following actions , to be transmitted to the initiator in writing : ### within three months after receipt of the initiative document the competent cross - border coordination point of the committing member state shall take , one or more of the following actions , to be transmitted to the initiator in writing :


### within three months after receipt of the initiative document the competent cross - border coordination point shall take , one or more of the following actions , to be transmitted to the initiator in writing : ### within six months after receipt of the initiative document the competent cross - border coordination point shall take , one or more of the following actions , to be transmitted to the initiator in writing :


### inform the initiator about its assessment that the legal obstacle consists in one of the cases listed in article 12 and describe the commitment of the competent committing authority , to change or adapt that legal obstacle ; ### inform the initiator about its assessment that one or more legal obstacles consist in one of the cases listed in article 12 and describe the commitment of the competent committing authority , to change or adapt that legal obstacle ;


### inform the initiator about its assessment that the legal obstacle consists in one of the situations under article 12 while setting out its reasons to refuse to change or adapt that legal obstacle and referring to the means of legal redress against that decision under the law of the committing member state ; ### inform the initiator about its assessment that one or more legal obstacles consist in one of the situations under article 12 while setting out its reasons to refuse to change or adapt that legal obstacle and referring to the means of legal redress against that decision under the law of the committing member state ;


### where the competent cross - border coordination point of the committing member state requests a revised initiative document or additional specific information , it shall analyse the revised initiative document or the additional specific information or both and take , within three months after receipt thereof , the actions as if the initiative document was submitted for the first time . ### where the competent cross - border coordination point of the committing member state requests a revised initiative document or additional specific information , it shall analyse the revised initiative document or the additional specific information or both and take , within six months after receipt thereof , the actions as if the initiative document was submitted for the first time .


### where the competent cross - border coordination point of the committing member state considers that the revised initiative document is still not prepared in accordance with article 10 or that the additional specific information is still not sufficient , it shall , within three months after receipt of the revised initiative document , inform the initiator in writing about its decision to end the procedure . this decision shall be duly justified . ### where the competent cross - border coordination point of the committing member state considers that the revised initiative document is still not prepared in accordance with article 10 or that the additional specific information is still not sufficient , it shall , within six months after receipt of the revised initiative document , inform the initiator in writing about its decision to end the procedure . this decision shall be duly justified .


### where the analysis by the competent cross - border coordination point of the committing member state or the competent committing authority concludes that the legal obstacle described in the initiative document is based on a misunderstanding or misinterpretation of the relevant legislation or on the lack of sufficient information about the relevant legislation , the procedure ends by informing the initiator about the assessment that there is no legal obstacle . ### where the analysis by the competent cross - border coordination point of the committing member state or the competent committing authority concludes that one or more legal obstacles described in the initiative document is based on a misunderstanding or misinterpretation of the relevant legislation or on the lack of sufficient information about the relevant legislation , the procedure ends by informing the initiator about the assessment that there is no legal obstacle .


### where the legal obstacle consists only in an administrative provision , rule or administrative practice of the committing member state or in a an administrative provision , rule or administrative practice clearly distinct from a provision adopted under a legislative procedure and can therefore be changed or adapted without a legislative procedure , the competent committing authority shall inform the initiator in writing its refusal or willingness to change or adapt the relevant administrative provision , rule or administrative practice within eight months . ### where one or more legal obstacles consists only in an administrative provision , rule or administrative practice of the committing member state or in a an administrative provision , rule or administrative practice clearly distinct from a provision adopted under a legislative procedure and can therefore be changed or adapted without a legislative procedure , the competent committing authority shall inform the initiator in writing its refusal or willingness to change or adapt the relevant administrative provision , rule or administrative practice within eight months .


### the description of the joint project and of its context , of the corresponding legal obstacle as well as of the rationale for resolving the legal obstacle ; ### the description of the joint project and of its context , of one or more&#160 ; corresponding legal obstacles as well as of the rationale for resolving one or more&#160 ; legal obstacles ;


### the list of the specific legal provision or provisions constituting the legal obstacle and which shall therefore not apply to the joint project ; ### the list of the specific legal provision or provisions constituting one or more legal obstacles and which shall therefore not apply to the joint project ;


### within a maximum of three months after having transmitted information under article 10 or article 12 and ; ### within a maximum of six months after having transmitted information under article 10 or article 12 and ;


### the competent cross - border coordination point of the transferring member state shall examine the draft commitment or draft statement received pursuant to article 15 and , within a maximum of three months after receipt of the draft and after consulting the competent transferring authorities , take one or more of the following actions : ### the competent cross - border coordination point of the transferring member state shall examine the draft commitment or draft statement received pursuant to article 15 and , within a maximum of six months after receipt of the draft and after consulting the competent transferring authorities , take one or more of the following actions :


### in member states where the competent transferring authority shall sign a commitment or statement , the competent cross - border coordination point of the transferring member state shall send , in accordance with points and of paragraph 1 , the two original copies signed by the competent transferring authority . ### in member states where the competent transferring authority shall sign a commitment or statement , the competent cross - border coordination point of the transferring member state shall send , in accordance with points and of paragraph 1 , one of the two original copies signed by the competent transferring authority to the competent cross - border coordination point of the committing member state .


### the competent cross - border coordination point of the committing member state shall examine the reply transmitted by the competent cross - border coordination point of the transferring member state and take , within a maximum of one month after its receipt one or more of the following actions , to be transmitted to the competent transferring authority in writing : ### the competent cross - border coordination point of the committing member state shall examine the reply transmitted by the competent cross - border coordination point of the transferring member state and take , within a maximum of three months after its receipt one or more of the following actions , to be transmitted to the competent transferring authority in writing :


### in the case of point of paragraph 2 , finalise the commitment or the statement , sign two original copies and send one back to the competent cross - border coordination point of the transferring member state for signature ; ### in the case of point of article 16 , finalise the commitment or the statement , sign two original copies and send one back to the competent cross - border coordination point of the transferring member state for signature ;


### in the case of point of paragraph 2 , amend the commitment or the statement as regards the information in the draft commitment or the draft statement covered by points and of article 14 accordingly , finalise the commitment or statement , sign two original copies and send one back to the competent cross - border coordination point of the transferring member state for signature ; ### in the case of point of article 16 , amend the commitment or the statement as regards the information in the draft commitment or the draft statement covered by points and of article 14 accordingly , finalise the commitment or statement , sign two original copies and send one back to the competent cross - border coordination point of the transferring member state for signature ;


### in the case of point of paragraph 2 , inform the initiator and the commission , while adding the justification as set out by the competent transferring authority ; ### in the case of point of article 16 , inform the initiator and the commission , while adding the justification as set out by the competent transferring authority ;


### in the case of point of paragraph 2 , consider the amendments and either proceed as under point of this paragraph or relaunch a second procedure under article 9 setting out why some or all of the amendments could not be accepted by the competent committing authority . ### in the case of point of article 16 , consider the amendments and either proceed as under point of this paragraph or proceed as under point of this paragraph setting out why some or all of the amendments could not be accepted by the competent committing authority .


### upon receipt of the commitment or the statement , as also signed by the competent cross - border coordination point or competent transferring authority in the cases of points or of paragraph 1 or , where the competent cross - border coordination point of the transferring member state has reacted positively under the second procedure of point of paragraph 1 , the competent cross - border coordination point of the committing member state shall : ### upon receipt of the commitment or the statement , as also signed by the competent cross - border coordination point or competent transferring authority in the cases of points or of paragraph 1 , the competent cross - border coordination point of the committing member state shall :


### 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 against the loss or destruction 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 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 against trafficking , 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


### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries . ### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the import into the customs territory of the union of cultural goods unlawfully exported from third countries .


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


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately or to unduly burden importers by creating new categories of cultural goods that they have to be aware of , this regulation should only apply to the goods in the annex of regulation 116 / 2009 .


### 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 , such as archaeological objects , elements of monuments , pieces of jewellery art , numismatic objects , artefacts of ancient technological achievements , 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 production 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 in accordance with its laws and regulations 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 , taking due account of the availability of relevant information and following the principle of proportionality . persons submitting an application should not be charged a fee in relation to their application . the decisions of the competent authorities should be communicated immediately to the relevant customs offices .


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


### relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the regulation and to provide the basis for its future evaluation . trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate . it is essential to collect information on the number of items declared . as no supplementary measurement unit is specified in the combined nomenclature for cultural goods , it is necessary to require that the number of items is declared . ### relevant information on trade flows of cultural goods should be collected and shared both by the commission and the member states , taking into account information already collected under the procedures of the relevant authorities of a number of member states , to support the efficient implementation of the regulation and to provide the basis for its future evaluation . in the interest of transparency and public scrutiny , as much information as possible should be made public . trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate . it is essential to collect information on the number of items declared . as no supplementary measurement unit is specified in the combined nomenclature for cultural goods , it is necessary to require that the number of items is declared .


### relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the regulation and to provide the basis for its future evaluation . trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate . it is essential to collect information on the number of items declared . as no supplementary measurement unit is specified in the combined nomenclature for cultural goods , it is necessary to require that the number of items is declared . ### relevant information on trade flows of cultural goods should be electronically collected to support the efficient implementation of the regulation and to provide the basis for its future evaluation . trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate . it is essential to collect information on the number of items declared . as no supplementary measurement unit is specified in the combined nomenclature for cultural goods , it is necessary to require that the number of items is declared .


### this regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the union . ### this regulation sets out the conditions and procedure for the import of cultural goods into the customs territory of the union or their placement under special procedures .


### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific and academic research purposes ; ### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , exhibition , performance , restoration , scientific and academic research purposes ;


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


### 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 .


### for the purposes of implementing this regulation , member states shall ensure co - operation between their competent authorities referred to in article 3 . ### for the purposes of implementing this regulation , member states shall ensure co - operation between their customs authorities and other competent authorities referred to in article 3 .


### for the purposes of implementing this regulation , member states shall ensure co - operation between their competent authorities referred to in article 3 . ### for the purposes of implementing this regulation , member states shall ensure co - operation and information sharing between their competent authorities referred to in article 3 .


### 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 , as well as to the making available of economic resources to criminal groups as a result of illicit import of cultural goods . member states shall take all measures necessary , including expropriation against relevant property of perpetrators of illicit import of cultural goods , to ensure that they are fully 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 specific emissions of co2 from new passenger cars and light commercial vehicles are measured on a harmonised basis in the union according to the methodology laid down in regulation no 715 / 2007 . to minimise the administrative burden of this regulation , compliance should be measured by reference to data on registrations of new cars and light commercial vehicles in the union collected by member states and reported to the commission . to ensure the consistency of the data used to assess compliance , the rules for the collection and reporting of this data should be harmonised as far as possible . the competent authorities ' responsibility to provide correct and complete data should therefore be clearly stated as well as the need for an effective cooperation between those authorities and the commission in addressing data quality issues . ### the specific emissions of co2 from new passenger cars and light commercial vehicles are measured on a harmonised basis in the union according to the methodology laid down in regulation no 715 / 2007 . to minimise the administrative burden of this regulation , compliance should be measured by reference to data on registrations of new cars and light commercial vehicles in the union collected by member states and reported to the commission . to ensure the consistency of the data used to assess compliance , the rules for the collection and reporting of this data should be harmonised . the competent authorities ' responsibility to provide correct and complete data should therefore be clearly stated as well as the need for an effective cooperation between those authorities and the commission in addressing data quality issues .


### category n1 as defined in annex ii to directive 2007 / 46 / ec with a reference mass not exceeding 2610 kg and to vehicles of category n1 to which type - approval is extended in accordance with article 2 of regulation no 715 / 2007 which are registered in the union for the first time and which have not previously been registered outside the union . ### category n1 as defined in annex ii to directive 2007 / 46 / ec with a reference mass not exceeding 2610 kg and to vehicles of category n1 to which type - approval is extended in accordance with article 2 of regulation no 715 / 2007 which are registered in the union for the first time and which have not previously been registered outside the union . the commission , in accordance with the objectives of this regulation , is empowered to update , if necessary , the limit of the reference mass for light commercial vehicles using alternative fuels that require additional weight because they use powertrains and energy storage systems which are heavier than those used in conventional vehicles .


### for each calendar year , each member state shall record information for each new passenger car and each new light commercial vehicle registered in its territory in accordance with parts a of annexes ii and iii . this information shall be made available to the manufacturers and their designated importers or representatives in each member state . member states shall make every effort to ensure that reporting bodies operate in a transparent manner . each member state shall ensure that the specific emissions of co2 of passenger cars which are not type - approved in accordance with regulation no 715 / 2007 are measured and recorded in the certificate of conformity . ### for each calendar year , each member state shall record information for each new passenger car and each new light commercial vehicle registered in its territory in accordance with parts a of annexes ii and iii . this information shall be made available to the manufacturers and their designated importers or representatives in each member state . member states shall ensure that reporting bodies operate in a transparent manner . each member state shall ensure that the specific emissions of co2 of passenger cars which are not type - approved in accordance with regulation no 715 / 2007 are measured and recorded in the certificate of conformity .


### manufacturers may , within three months of being notified of the provisional calculation under paragraph 4 , notify the commission of any errors in the data , specifying the member state in which it considers that the error occurred . ### manufacturers shall , within three months of being notified of the provisional calculation under paragraph 4 , notify the commission of any errors in the data , specifying the member state in which it considers that the error occurred .


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


### the commission shall monitor and assess the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 . it shall ensure that the public is informed of how that representativeness evolves over time . ### the commission shall monitor and assess the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 and , from 2022 , the real driving emissions test using pems . it shall ensure that the public is informed of how the representativeness of these tests evolves over time for the total eu fleet , for each individual manufacturer or pool of manufacturers and for each vehicle type .


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


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


### the delegation of power referred to in the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in paragraph [ 2a of article 1 ] , the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to paragraph [ 2a of article 1 ] the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union and to ensure an increased and more accessible financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib .


### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities . ### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , regional and local authorities and private sector entities .


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of infrastructure , including in the areas of transport , particularly in industrial and tourist centres ; energy , in particular energy interconnections ; and digital infrastructure ;


### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . ### the commission and the eib , with support from the member states and regional and local authorities , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 .


### member states shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory . ### member states and regional and local authorities shall develop , update and disseminate , on a regular and structured basis , information on current and future investment projects in their territory .


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


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


### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . ### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . such geo - blocking shall be considered unjustified within the context of this regulation .


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


### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide opinions on jurisdiction upon the commission ' s request . ### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide non - binding opinions on jurisdiction upon the commission ' s request as it is composed of national independent regulatory authorities in the field of audiovisual media services .


### in order to ensure coherence and give certainty to businesses and member states ' authorities , the notion of ' incitement to hatred ' should , to the appropriate extent , be aligned to the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based . ### in order to ensure coherence and give legal certainty to businesses and member states ' authorities , ' incitement to hatred ' should be aligned with the definition in the council framework decision 2008 / 913 / jha of 28 november 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as ' publicly inciting to violence or hatred ' . this should include aligning the grounds on which incitement to violence or hatred is based as well as those grounds not covered by council framework decision 2008 / 913 / jha such as social origin , genetic features , language , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health .


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


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


### the video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec . ### video - sharing platform providers covered by this directive provide information society services within the meaning of point of article 2 of directive 2000 / 31 / ec and generally provide hosting services in accordance with article 14 of that directive . those providers are consequently subject to the rules on the internal market set out in article 3 of that directive , if they are established in a member state . it is appropriate to ensure that the same rules apply to video - sharing platform providers which are not established in a member state with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this directive and ensuring a level playing field in as much as possible , in as far as those providers have either a parent company or a subsidiary which is established in a member state or where those providers are part of a group and another entity of that group is established in a member state . to that effect , arrangements should be made to determine in which member state those providers should be deemed to have been established . the commission should be informed of the providers under each member state ' s jurisdiction in application of the rules on establishment set out in this directive and in directive 2000 / 31 / ec .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to take measures to ensure non - discriminatory discoverability and access to content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are proportionate and meet general interest objectives clearly defined by member states in conformity with union law . such obligations should , moreover , only be imposed when there is a threat to the diversity of opinion . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to introduce discoverability rules , they should only take proportionate measures with regard to undertakings , in the interest of legitimate public policy considerations .


### without prejudice to articles 14 and 15 of directive 2000 / 31 / ec , member states shall ensure that video - sharing platform providers take appropriate measures to : ### without prejudice to articles 14 and 15 of directive 2000 / 31 / ec , the commission and member states shall ensure that video - sharing platform providers take appropriate measures to :


### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health .


### defining and applying in the terms and conditions of the video - sharing platform providers the concepts of incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical , mental or moral development of minors , in accordance with articles 6 and 12 respectively ; ### specifying the characteristics of and applying in the terms and conditions of the video - sharing platform providers incitement to violence or hatred as referred to in point of paragraph 1 and of content which may impair the physical or mental development of minors , in accordance with articles 6 and 12 respectively ;


### establishing and operating mechanisms for users of video - sharing platforms to report or flag to the video - sharing platform provider concerned the content referred to in paragraph 1 stored on its platform ; ### establishing and operating transparent mechanisms for users of video - sharing platforms to report or flag to the video - sharing platform provider concerned the content referred to in paragraph 1 stored on its platform ;


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states shall establish the necessary mechanisms to assess the transparency , necessity , effectiveness and proportionality of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to an appropriate national authority , which may be the authorities designated in accordance with article 30 .


### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu . ### member states shall not impose on video - sharing platform providers measures that are stricter than the measures referred to in paragraph 1 and 2 . member states shall not be precluded from imposing stricter measures with respect to illegal content , provided that any measure taken , for the purposes of this directive , to restrict the online distribution , or otherwise making available , of illegal content to the public is in line with the charter of fundamental rights of the european union , is limited to what is necessary and proportionate and taken on the basis of a prior judicial authorisation . when adopting such measures , they shall respect the conditions set by applicable union law , such as , where appropriate , those set in articles 14 and 15 of directive 2000 / 31 / ec or article 25 of directive 2011 / 93 / eu .


### reflecting the importance of tackling climate change in line with the union commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate action in the union policies and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute 25% of its overall financial envelope to climate objectives . relevant actions will be identified during the implementation of this regulation , and the overall contribution from this regulation should be part of relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate action in the union policies and to the achievement of an overall target of 30 % of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute 30 % of its overall financial envelope to climate objectives . relevant actions will be identified during the implementation of this regulation , and the overall contribution from this regulation should be part of relevant evaluations and review processes .


### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , resilience against the adverse impacts of climate change , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries .


### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended national flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band . ### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . however , as some member states have launched or completed a national process to authorise the use of the 700 mhz frequency band , a deadline by 2018 seems appropriate and would make it possible to boost investments and accelerate the deployment of better connectivity , especially in rural areas . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 to consider changes in technological developments and consumer behaviour . the lamy report also recommended national flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band .


### as some member states have already launched or completed a national process to authorise the use of the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services , the union should take immediate action in order to prevent fragmentation of the single market . what is needed is a coordinated approach to the future use of the 470 - 790 mhz frequency band , which should also provide regulatory predictability , balance member state diversity with single market objectives and promote a coherent union position on the international scene . in this context , member states should be required to repurpose the 700 mhz frequency band in a timely manner in accordance with union and national law . ### as some member states have already launched or completed a national process to authorise the use of the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services , the union should take immediate action in order to prevent fragmentation of the single market . what is needed is a coordinated approach to the future use of the 470 - 790 mhz frequency band , which should also provide regulatory predictability , balance member state diversity with single market objectives and promote a coherent union position on the international scene . in this context , member states should be required to repurpose the 700 mhz frequency band without delay in accordance with union and national law .


### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services ### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and in accordance with state aid rules , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services


### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use . ### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec without delay , in order to allow that use .


### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information . ### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples that are representative of the number of vehicles in the member state concerned . when doing so , market surveillance authorities shall take account of established scientific principles and protocols of risk assessment , including complaints , the popularity of vehicle models and their parts , third - party testing results , very high or very low fuel consumption models , first application of a new engine or technology , reports from periodic technical inspections , sampling programmes using remote sensing and other information . market surveillance authorities shall follow up on substantiated complaints . for the purpose of verifying emissions from vehicles , market surveillance authorities may make use of remote sensing technology to help identify highly polluting vehicle models for further investigation . in doing so , the market surveillance authorities shall cooperate and coordinate their activities with authorities responsible for periodic technical inspections pursuant to directive 2014 / 45 / eu . when technical services are designated for the purpose of fulfilling the requirements of this article , market surveillance authorities shall ensure that a different technical service is used from the one performing tests for the purpose of the original type - approval .


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


### the outcome of the peer - review shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 on the basis of an assessment of this outcome carried out by the commission and issue recommendations . ### the outcome of the audit shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established by article 10 on the basis of an assessment of that outcome carried out by the commission and issue recommendations .


### the member states shall provide information to the commission and the other member states on how it has addressed the recommendations in the peer - review report . ### the member states shall provide information to the agency , the commission and the other member states on how it has addressed the recommendations contained in the audit report .


### if the authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision , or where there are otherwise reasonable grounds to believe , that the infringement is linked to political activities by a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . __________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , . ### if the authority becomes aware of a final decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council adopted pursuant to article 58 of regulation 2016 / 679 or of a final decision of the european data protection supervisor established in accordance with article 52 of regulation 2018 / 172517a of the european parliament and of the council adopted pursuant to article 58 of regulation 2018 / 1725 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that final decision or where there are factual grounds indicating that the infringement is linked to political activities by or was committed on behalf of , under instructions from , or with the support of a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by infringing the applicable rules on the protection of personal data , or by authorising , instructing or supporting an entity that has infringed the applicable rules , by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . __________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , . 17a regulation 2018 / 1725 of the european parliament and of the council of 23 october 2018 on the protection of natural persons with regard to the processing of personal data by the union institutions , bodies , offices and agencies and on the free movement of such data , and repealing regulation no 45 / 2001 and decision no 1247 / 2002 / ec ,


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . in addition to the uneven application across member states , the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in all teaching activities , including online and across borders .


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing cultural heritage institutions to disseminate their out - of - commerce collections , in accordance to their legal traditions , practices or circumstances . however , it is essential that such mechanisms allow rightholders to exclude their works and can include extended collective licensing and presumptions of representation , and limitations and exceptions where no collective management organisations exist , collective management organisations are unable to achieve sufficient representativity or a collective management organisation is unable to offer adequate licences to cultural heritage institutions for the types of works and other subject - matter held in their collections .


### ‘ cultural heritage institution’ means a publicly accessible library or museum , an archive or a film or audio heritage institution ; ### ' cultural heritage institution ' means a publicly accessible library , or museum or gallery , an educational establishment , an archive or a film or audio heritage institution , or a public service broadcaster ;


### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter is not available through customary channels in any form substitutable for the work permanently in the collection of a cultural heritage institution . out of commerce works include both works that have previously been available commercially and works that have never been commercially available .


### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 . ### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the mechanisms referred to in article 7 , including resolving issues where cultural heritage institutions activities in line with articles 7 and 8 are not being reasonably enabled , to ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , to assist in the establishment of the requirements referred to in the second subparagraph of article 7 .


### use of protected content by information society service providers storing and giving access to large amounts of works and other subject - matter uploaded by their users ### use of copyright protected content uploaded by users of information society service providers


### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 . ### member states shall ensure that the service providers referred to in paragraph 1 put in place effective mechanisms , including for complaint and redress , that are available to users in case of disputes over the application of the measures referred to in paragraph 1 .


### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . ### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . in cooperation with the member states , the commission shall encourage the exchange of best practices across the union regarding the results of any cooperation established pursuant to implementation of paragraph 1 of this article .


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


### given the non - commercial nature of this intervention and the small scale of individual projects foreseen , the administrative burden should be limited to a minimum . therefore , the intervention should be implemented by the most appropriate forms of financial assistance , notably grants , available under the financial regulation , now or in future . the intervention should not rely on financial instruments . ### given the non - commercial nature of this intervention and the small scale of individual projects foreseen , the administrative burden should be limited to a minimum . this should be done by simplifying planning procedure and relaxing regulatory obligations . therefore , the intervention should be implemented by the most appropriate forms of financial assistance , notably grants , available under the financial regulation , now or in future . the intervention should not rely on financial instruments .


### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented using to the fullest extent possible on - line tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed . ### to ensure that connectivity in accordance with this regulation is provided quickly , financial assistance should be implemented through streamlined administrative procedure using standardised documentation and to the fullest extent possible on - line tools that allow for the swift submission and handling of applications and support the implementation , monitoring and auditing of the local wireless access points installed .


### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution . ### given internet connectivity needs within the union , there is an urgent need to promote access networks that can deliver , throughout the eu , an internet experience of high quality that is able to play an important role in fostering the promotion of the digital literacy , boost the development of new tourism services and contribute to better mobility of the local communities . that high quality internet experience should be based on very high - speed broadband services and financial assistance should seek to attain a geographically balanced distribution that favours the economic , social and territorial cohesion of the union . however , the promotion of such access networks should be achieved without neglecting the specific needs of communities that are smaller and economically lagging behind , such as rural areas , islands , cross - border and mountainous regions , which are referred to in article 349 tfeu .


### projects duplicating already existing private or public offers of similar characteristics , including quality , in the same area shall not be covered . ### projects duplicating already existing private or public offers in the same area shall not be covered .


### the available budget shall be allocated in a geographically balanced manner to projects meeting the above conditions in view of the proposals received and , in principle , on a ' first come , first served ' basis . ### the available budget shall be allocated in a geographically balanced manner to the eu ' s economic , social and territorial cohesion by taking particular account of specific needs of smaller and lagging behind local communities for the projects meeting the above conditions and in view of the proposals received .


### information technology capacity building actions are set to attract the greatest part of the budget under the programme . therefore , specific provisions should describe , respectively , the common and national components of the european electronic systems . moreover , the scope of actions and the responsibilities of the commission and the member states should be clearly defined . ### information technology capacity building actions are set to attract the greatest part of the budget under the programme . therefore , specific provisions should describe , respectively , the common and national components of the european electronic systems . moreover , the scope of actions and the responsibilities of the commission and the member states should be clearly defined . there should be smooth interoperability among the common and national components of the european electronic systems and synergies with other electronic systems of relevant eu programmes .


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at a fixed location and by way of mobile connection . member states should also have the ensure affordability of services not provided at a fixed location but to citizens on the move , as this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations .


### it should no longer be possible to refuse end - users access to the minimum set of connectivity services . a right to contract with an undertaking should mean that end - users who might face refusal , in particular those with low incomes or special social needs , should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at least at a fixed location with any undertaking providing such services in that location . in order to minimise the financial risks such as non - payment of bills , undertakings should be free to provide the contract under pre - payment terms , on the basis of affordable individual pre - paid units . ### it should no longer be possible to refuse end - users access to the minimum set of connectivity services . a right to contract with an undertaking should mean that end - users who might face refusal , in particular those with low incomes or special social needs , should have the possibility to enter into a contract for the provision of affordable functional internet access and voice communications services at a fixed location and by way of mobile connection with any undertaking providing such services in that location . in order to minimise the financial risks such as non - payment of bills , undertakings should be free to provide the contract under pre - payment terms , on the basis of affordable individual pre - paid units .


### the costs of ensuring the availability of a connection capable of delivering functional internet access service as identified in accordance with article 79 and voice communications service at a fixed location at an affordable price within the universal service obligations should be estimated , in particular by assessing the expected financial burden for undertakings and users in the electronic communications sector . ### the costs of ensuring the availability of a connection capable of delivering functional internet access service as identified in accordance with article 79 and voice communications service at a fixed location and by way of mobile connection at an affordable price within the universal service obligations should be estimated , in particular by assessing the expected financial burden for undertakings and users in the electronic communications sector .


### when an undertaking designated to ensure the availability at a fixed location of functional internet access or voice communications services , as identified in article 81 of this directive , chooses to dispose of a substantial part , viewed in light of its universal service obligation , or all , of its local access network assets in the national territory to a separate legal entity under different ultimate ownership , the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory . to this end , the national regulatory authority which imposed the universal service obligations should be informed by the undertaking in advance of the disposal . the assessment of the national regulatory authority should not prejudice the completion of the transaction . ### when an undertaking designated to ensure the availability at a fixed location and by way of mobile connection of functional internet access or voice communications services , as identified in article 81 of this directive , chooses to dispose of a substantial part , viewed in light of its universal service obligation , or all , of its local access network assets in the national territory to a separate legal entity under different ultimate ownership , the national regulatory authority should assess the effects of the transaction in order to ensure the continuity of universal service obligations in all or parts of the national territory . to this end , the national regulatory authority which imposed the universal service obligations should be informed by the undertaking in advance of the disposal . the assessment of the national regulatory authority should not prejudice the completion of the transaction .


### in order to provide stability and support a gradual transition , member states should be able to continue to ensure the provision of universal services in their territory , other than functional internet access and voice communications services at a fixed location , that are included in the scope of their universal obligations on the basis of directive 2002 / 22 / ec at the entry into force of this directive , provided the services or comparable services are not available under normal commercial circumstances . allowing the continuation of the provision of public payphones , directories and directory enquiry services under the universal service regime , as long as the need is still demonstrated , would give member states the flexibility necessary to duly take into account the varying national circumstances . however , the financing of such services should be done via public funds as for the other universal service obligations . ### in order to provide stability and support a gradual transition , member states should be able to continue to ensure the provision of universal services in their territory , other than functional internet access and voice communications services at a fixed location and by way of mobile connection , that are included in the scope of their universal obligations on the basis of directive 2002 / 22 / ec at the entry into force of this directive , provided the services or comparable services are not available under normal commercial circumstances . allowing the continuation of the provision of public payphones , directories and directory enquiry services under the universal service regime , as long as the need is still demonstrated , would give member states the flexibility necessary to duly take into account the varying national circumstances . however , the financing of such services should be done via public funds as for the other universal service obligations .


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , both at a fixed location and by way of mobile connection .


### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at least at a fixed location . ### member states may , in the light of national conditions , ensure that support is provided to low - income or special social needs end - users in view of ensuring affordability of functional internet access and voice communications services at a fixed location and by way of mobile connection .