### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the product , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in article 3 . ### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the accordance of the product , in a language which can be easily understood by that authority . they shall cooperate with that authority , to ensure accordance with the requirements referred to in article 3 .


### before placing a product on the market importers shall ensure that the conformity assessment procedure set out in annex ii has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation required by that annex , that the product bears the ce marking and is accompanied by the required documents and that the manufacturer has complied with the requirements set out in article 5 and . ### before placing a product on the market importers shall ensure that the manufacturers have documented how it has reached relevant functional criteria set out in annex i on the basis of the intended purpose of its product and that the manufacturer has complied with the requirements set out in article 5 , and .


### where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in article 3 , he shall not place the product on the market until it has been brought into conformity . furthermore , where the product presents a risk , the importer shall inform the manufacturer and the market surveillance authorities to that effect . ### where an importer considers or has reason to believe that a product does not meet the accessibility requirements referred to in article 3 , he shall not place the product on the market until it meets the requirements . furthermore , where the product presents a risk , the importer shall inform the manufacturer and the market surveillance authorities to that effect .


### the eu declaration of conformity shall have the model structure set out in annex iii to decision no 768 / 2008 / ec . it shall contain the elements specified in annex ii to this directive and shall be continuously updated . the requirements concerning the technical documentation shall avoid imposing any disproportionate burden for micro , small and medium - sized enterprises . it shall be translated into the language or languages required by the member state in the market of which the product is placed or made available . ### the eu declaration of conformity shall have the model structure set out in annex iii to decision no 768 / 2008 / ec . the requirements concerning the technical documentation shall avoid imposing any disproportionate burden for micro , small and medium - sized enterprises . it shall be translated into the language or languages required by the member state in the market of which the product is placed or made available .


### where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1 , the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets , to withdraw the product from that market or to recall it . the market surveillance authorities shall inform the commission and the other member states , without delay , of those measures . ### where the relevant economic operator does not take adequate corrective action , the market surveillance authorities shall take all appropriate provisional measures to ensure that the product is brought into compliance with the accessibility requirements set out by this directive . the market surveillance authorities shall inform the commission and the other member states , without delay , of those measures .


### member states shall ensure that appropriate restrictive measures are taken in respect of the product concerned , such as withdrawal of the product from their market , without delay . ### member states shall ensure that appropriate measures are taken in respect of the product concerned , without delay .


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : making accessible the built environment where the service is provided , including transport infrastructure , in accordance with part c , without prejudice to national and union legislation for the protection of national treasures possessing artistic , historic or archaeological value ; making facilities accessible , including vehicles , crafts and equipment needed for the delivery of the service as follows : the design of its built space shall follow the requirements under part c in relation to boarding , disembarking , circulation and use ; the information shall be available in different ways and via more than one sensory channel ; alternatives to non - text visual content shall be provided . ensuring the accessibility of the products used in the provision of the service , in accordance with the rules laid down in part a ; providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel , alternatives to non - text content shall be provided ; the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; providing accessible information to facilitate complementarities with assistive services ; including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations . ### the provision of services in such a way as to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : making accessible the built environment where the service is provided , including transport infrastructure , in accordance with part c , without prejudice to national and union legislation for the protection of national treasures possessing artistic , historic or archaeological value ; making facilities accessible , including vehicles , crafts and equipment needed for the delivery of the service as follows : the design of its built space shall follow the requirements under part c in relation to boarding , disembarking , circulation and use ; the information shall be available in different ways and via more than one sensory channel ; alternatives to non - text visual content shall be provided . the products used in the provision of the service shall be in accordance with the rules laid down in part a ; the information about the functioning of the service and about its accessibility characteristics and facilities shall be provided in digital and accessible formats as follows : the information shall be made available in accessible web format and electronic non - web document format by making it understandable , perceivable and operable ; the economic operator shall list and explain how to use the accessibility features of the service and its compatibility with assistive technologies ; the electronic information , including the related online and mobile applications and websites needed in the provision of the service shall be provided in accordance with point ; making websites and online applications needed for the provision of the service accessible in a consistent and adequate way for users ' perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; providing accessible information to facilitate complementarities with assistive services ; functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations including persons with disabilities .


### ‘ serious crime’ means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a member state , however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality ; ### deleted


### the passenger information unit of a member state shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with points and of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis . ### the passenger information unit of a member state shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with points and of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis by human action .


### the pnr data of passengers and the result of the processing of pnr data received by the passenger information unit may be further processed by the competent authorities of the member states only for the purpose of preventing , detecting , investigating or prosecuting terrorist offences or serious crime . ### the pnr data of passengers and the result of the processing of pnr data received by the passenger information unit may be further processed by the competent authorities of the member states only for the specific purpose of preventing , detecting , investigating or prosecuting terrorist offences or serious transnational crime .


### protection of personal data ### data security


### all processing of pnr data by air carriers , all transfers of pnr data by passenger information units and all requests by competent authorities or passenger information units of other member states and third countries , even if refused , shall be logged or documented by the passenger information unit and the competent authorities for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of data processing , in particular by the national data protection supervisory authorities . these logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with article 9 at the expiry of those five years , in which case the logs shall be kept until the underlying data are deleted . ### all processing of pnr data by air carriers , all transfers of pnr data by passenger information units and all requests by competent authorities or passenger information units of other member states and third countries , even if refused , shall be logged or documented by the passenger information unit and the competent authorities for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of data processing , in particular by the national data protection supervisory authorities . these logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with article 9 at the expiry of those five years , in which case the logs shall be kept until the underlying data are deleted . those persons who operate security controls , who access and analyse the pnr data , and who operate the data logs , must be security cleared and security trained . each such person shall have a profile which defines and limits what he or she is authorised to see according to the nature of his or her work , role , and legal entitlement .


### without prejudice to article 10 , member states shall adopt suitable measures to ensure the full implementation of the provisions of this directive and shall in particular lay down effective , proportionate and dissuasive penalties to be imposed in case of infringements of the provisions adopted pursuant to this directive . ### without prejudice to article 10 , member states shall adopt suitable measures to ensure the full implementation of all the provisions of this directive and shall in particular lay down effective , proportionate and dissuasive penalties to be imposed in case of infringements of the provisions adopted pursuant to this directive .


### some products on the market that provide a protective function to the user are excluded from the scope of directive 89 / 686 / eec . in order to ensure as high level of protection for the user of those products as for the ppe covered by directive 89 / 686 / eec , the scope of this regulation should include ppe for private use against damp , water and heat , in line with similar ppe for professional use which is already covered by directive 89 / 686 / eec . artisanal products , such as handmade gloves , for which the manufacturer does not explicitly claim a protective function are not personal protective equipment ; they are therefore not concerned by this inclusion . it is also appropriate to clarify the exclusion list set out in annex i to directive 89 / 686 / eec by adding a reference to products covered by other legislation and therefore are excluded from the ppe regulation . ### some products on the market that provide a protective function to the user are excluded from the scope of directive 89 / 686 / eec where they are only intended for private use . in order to provide a high level of protection , items for protecting the hands against extreme heat in a domestic environment should be included within the scope of this regulation if they specifically make a protective claim . artisanal products , such as handmade gloves and oven gloves , for which the manufacturer does not explicitly claim a protective function are not personal protective equipment ; they should therefore not be included in the scope of this regulation . instead , self - certification should be encouraged for those products . many manufacturers are already doing this today .


### economic operators should be responsible for the compliance of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of public interests , such as health and safety , and the protection of users and to guarantee fair competition on the union market . ### economic operators should be responsible for the compliance of the ppe , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of public interests , such as health and safety , and the protection of users and , where appropriate , other persons , to guarantee fair competition on the union market .


### all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that ppe protects the health and safety of persons and that they make available on the market only products which comply with this regulation . this regulation should provide a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution chain . ### all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure they make available on the market only ppe which is in conformity with this regulation . this regulation should provide a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain .


### it is necessary to clearly specify the relationship and scope of this regulation with the entitlement of member states to lay down requirements for the use of ppe at workplace , in particular pursuant to council directive 89 / 656 / eec19 , in order to avoid any confusion and ambiguity and hence ensure the free movement of compliant ppe . __________________ 19 council directive 89 / 656 / eec of 30 november 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace . ### it is necessary to clearly specify the relationship and scope of this regulation with the entitlement of member states to lay down requirements for the use of ppe at workplace , in particular pursuant to council directive 89 / 656 / eec19 , in order to avoid any confusion and ambiguity and hence ensure the free movement of compliant ppe . article 4 of that directive obliges employers to provide ppe which complies with the relevant union provisions on design and manufacture with respect to health and safety . pursuant to that article , manufacturers of ppe who provide that ppe to their employees must ensure that such ppe fulfils the requirements laid down in this regulation . __________________ 19 council directive 89 / 656 / eec of 30 november 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace .


### in order to ensure compliance with the essential safety requirements , it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer . directive 89 / 686 / eec classifies ppe into three categories that are subject to different conformity assessment procedures . in order to ensure a consistently high level of safety for all ppe , the list of products subject to one of the conformity assessment procedures relating to the production phase should be enlarged . the conformity assessment procedures for each category of ppe should be set , as far as possible , on the basis of the conformity assessment modules laid down in decision no 768 / 2008 / ec . ### in order to ensure compliance with the essential health and safety requirements laid down in this regulation , it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer . directive 89 / 686 / eec classifies ppe into three categories that are subject to different conformity assessment procedures . in order to ensure a consistently high level of safety for all ppe , the list of products subject to one of the conformity assessment procedures relating to the production phase should be enlarged . the conformity assessment procedures for each category of ppe should be set , as far as possible , on the basis of the conformity assessment modules laid down in decision no 768 / 2008 / ec .


### intended for private use to protect against atmospheric conditions that are not of an extreme nature ; ### intended for private use to protect against :


### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the instructions set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 . ### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the required documents , by the instructions and other information set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 .


### appropriate knowledge and understanding of the essential health and safety requirements set out in annex ii , of the corresponding harmonised standards and of the relevant provisions of union harmonisation legislation ; ### appropriate knowledge and understanding of the essential health and safety requirements set out in annex ii , of the corresponding harmonised standards and of the relevant provisions of union harmonisation legislation and of relevant national legislation ;


### conformity assessment bodies shall participate in , or ensure that their personnel responsible for carrying out the conformity assessment tasks are informed of , the relevant standardisation activities and the activities of the notified body coordination group established under this regulation and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group . ### conformity assessment bodies shall participate in , or ensure that their personnel responsible for carrying out the conformity assessment tasks are informed of , the relevant standardisation activities and the activities of the notified body coordination group established under this regulation and shall apply the decisions and documents produced as a result of the work of that group .


### the materials of which the ppe is made , including any of their possible decomposition products , must not adversely affect the health or safety of users . ### the materials , of which the ppe is made , including any of their possible decomposition products , must not adversely affect the health or safety of users or result in the ppe no longer complying with the essential health and safety requirements laid down in this regulation .


### the identification markings or indicators directly or indirectly relating to health and safety affixed to these types of ppe must , if possible , take the form of harmonized pictograms or ideograms . they must be perfectly visible and legible and remain so throughout the foreseeable useful life of the ppe . in addition , these markings must be complete , precise and comprehensible so as to prevent any misinterpretation ; in particular , when such markings include words or sentences , the latter must be written in the official language of the member state where the equipment is to be used . ### the identification markings or indicators directly or indirectly relating to health and safety affixed to these types of ppe must , if possible , take the form of harmonized pictograms or ideograms . they must be perfectly visible and legible and remain so throughout the foreseeable useful life of the ppe . in addition , these markings must be complete , precise and comprehensible so as to prevent any misinterpretation ; in particular , when such markings include words or sentences , the latter must be written in a language easily understood by consumers and end - users , as determined by the member state where the equipment is made available on the market .


### to this end , protective glasses must be so designed and manufactured as to possess , for each harmful wave length , a spectral transmission factor such that the radiant - energy illumination density capable of reaching the user ' s eye through the filter is minimized and , under no circumstances , exceeds the maximum permissible exposure value . ### to this end , eye protective equipment must be so designed and manufactured as to possess , for each harmful wave length , a spectral transmission factor such that the radiant - energy illumination density capable of reaching the user ' s eye through the filter is minimized and , under no circumstances , exceeds the maximum permissible exposure value . ppe designed to protect the skin against non - ionising radiation must be capable of absorbing or reflecting the majority of the energy radiated in the harmful wavelengths ;


### internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 , 3 and 4 , and ensures and declares on his sole responsibility that the ppe concerned satisfies the applicable essential health and safety requirements referred to in article 5 and set out in annex ii . ### internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 , 3 and 4 , and ensures and declares on his sole responsibility that the ppe concerned satisfies the applicable requirements&#160 ; of this regulation .


### 1 . the manufacturer shall affix the ce marking to each individual ppe that satisfies the applicable essential health and safety requirements . ### 1 . the manufacturer shall affix the ce marking to each individual ppe that satisfies the applicable requirements of this regulation .


### 1 . the manufacturer shall affix the ce marking to each individual ppe that is in conformity with the type described in the eu type - examination certificate and satisfies the applicable essential health and safety requirements . ### 1 . the manufacturer shall affix the ce marking to each individual ppe that is in conformity with the type described in the eu type - examination certificate and satisfies the applicable requirements of this regulation .


### conformity to type based on product verification is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 , 3 , 5 . 2 and 6 , and ensures and declares on his sole responsibility that the ppe , which has been subject to the provisions of point 4 , is in conformity with the type described in the eu type - examination certificate and satisfies the applicable essential health and safety requirements referred to in article 5 and set out in annex ii . ### conformity to type based on product verification is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 , 3 , 5 . 2 and 6 , and ensures and declares on his sole responsibility that the ppe , which has been subject to the provisions of point 4 , is in conformity with the type described in the eu type - examination certificate and satisfies the applicable requirements of this regulation .


### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . member states shall ensure that data from all actors involved in collecting and / or treating waste electrical and electronic equipment are reported . the data shall be reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] .


### recourse to european cybersecurity certification should remain voluntary , unless otherwise provided in union or national legislation . however , with a view to achieving the objectives of this regulation and avoiding the fragmentation of the internal market , national cybersecurity certification schemes or procedures for the ict products and services covered by a european cybersecurity certification scheme should cease to produce effects from the date established by the commission by means of the implementing act . moreover , member states should not introduce new national certification schemes providing cybersecurity certification schemes for ict products and services already covered by an existing european cybersecurity certification scheme . ### recourse to european cybersecurity certification should remain voluntary , unless otherwise provided in national legislation . however , with a view to achieving the objectives of this regulation and avoiding the fragmentation of the internal market , national cybersecurity certification schemes or procedures for the ict products and services covered by a european cybersecurity certification scheme should cease to produce effects from the date established by the commission by means of the implementing act . moreover , member states should not introduce new national certification schemes providing cybersecurity certification schemes for ict products and services already covered by an existing european cybersecurity certification scheme .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders , including industry through an official consultation process , and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary .


### without prejudice to paragraph 3 , the emission reduction policies and measures contained in the national air pollution control programme shall be updated within 12 months in either of the following cases : ### without prejudice to paragraph 3 , the emission reduction policies and measures contained in the national air pollution control programme shall be updated within 24 months in either of the following cases :


### member states shall provide their national air pollution control programme to the commission [ within three months of the date referred to in article 17 , date to be inserted by opoce ] and updates every two years thereafter . ### member states shall provide their national air pollution control programme to the commission [ within three months of the date referred to in article 17 , date to be inserted by opoce ] and updates every four years thereafter .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive [ eighteen months after the entry into force - date to be inserted by opoce ] at the latest . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive [ twenty four months after the entry into force - date to be inserted by opoce ] at the latest .


### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market in the union enshrined in the treaty on the functioning of the european union . the implementation of those principles is further developed by the union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers . ### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market in the union enshrined in the treaty on the functioning of the european union . the implementation of those principles is further developed by the union aimed at guaranteeing a level playing field for businesses and fighting unfair competition while ensuring the respect for the rights of workers . the difference in wages or salaries and the access to capital should not , alone , be considered to be unfair competition .


### the freedom to provide services includes the right of undertakings to provide services in another member state , to which they may post their own workers temporarily in order to provide those services there . ### the freedom to provide services includes the right of undertakings to provide services in another member state , to which they may post their own workers temporarily in order to provide those services there . the temporary nature of providing services is to be determined on a case by case basis by the duration , the regularity , the periodicity and the continuity of the service . article 56 tfeuprovides that restrictions on the freedom to provide services are prohibited .


### almost twenty years after its adoption , it is necessary to assess whether the posting of workers directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers . ### almost twenty years after its adoption and in view of the numerous instances of fraud , as well as of unsuitable national law , the posting of workers directive does not yet strike the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers .


### the rome i regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country . ### the rome i regulation further provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country .


### the elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers . it is therefore justified to impose on member states the obligation to publish the constituent elements of remuneration on the single website provided for by article 5 of the enforcement directive . ### the information on constituent elements of remuneration under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of article 3 should be clear , up to date , transparent and publicly available to all service providers . it is therefore justified to impose on member states the obligation to publish this information on the single website provided for by article 5 of the enforcement directive . social partners are also obliged to make public all collective agreements , which are applicable according to this directive . similarly , foreign subcontractors should be informed in writing about terms and conditions of employment that they should apply towards posted workers .


### laws , regulations , administrative provisions or collective agreements applicable in member states may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration . where such rules on remuneration exist at national level , the member state may apply them in a non - discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross - border provision of services . ### member states have the freedom to establish on their territory appropriate measures applicable to service providers including service providers from another member state in order to ensure compliance with the applicable rules concerning posting in the case of subcontracting chains . in the case of the construction sector member states are already obliged , by directive 2014 / 67 / eu , to introduce appropriate liability measures in order to ensure fair competition and workers rights . therefore , laws , regulations , administrative provisions or collective agreements universally applicable in member states may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remuneration . where such rules on remuneration exist at national level , the member state may apply them in a non - discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross - border provision of services .


### article 2a when the anticipated or the effective duration of posting exceeds twenty - four months , the member state to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out . 2 . for the purpose of paragraph 1 , in case of replacement of posted workers performing the same task at the same place , the cumulative duration of the posting periods of the workers concerned shall be taken into account , with regard to workers that are posted for an effective duration of at least six months . ### article 2a when the effective duration of uninterrupted posting of an individual worker exceeds twenty - four months , the member state to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out , unless the parties have agreed to apply a different law in accordance with article 3 of the rome i regulation . 1a . an employer may , on the basis of reasonable grounds , request a derogation to the twenty - four months , to be awarded by the competent authority in the host member state . the competent authority of the host member state shall take a decision on any requests for derogations in accordance with article 4 of directive 2014 / 67 / eu and in line with regulation 883 / 2004 / ec and in a justified , proportionate and non - discriminatory manner . prior to taking a decision on such a request for derogation , the competent authority of the host member state shall consult the competent authorities of the home member state of the employer , in accordance with articles 6 and 7 of directive 2014 / 67 / eu .


### for the purpose of this directive , remuneration means all the elements of remuneration rendered mandatory by national law , regulation or administrative provision , collective agreements or arbitration awards which have been declared universally applicable and / or , in the absence of a system for declaring collective agreements or arbitration awards to be of universal application , other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph , in the member state to whose territory the worker is posted . ### in the context of this directive , remuneration shall be defined in accordance with the national law and / or practice of the member state to whose territory the worker is posted , by means of national law , regulation or administrative provision , collective agreements or arbitration awards which have been declared universally applicable or , in the absence of a system for declaring collective agreements or arbitration awards to be of universal application , other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph , in the member state to whose territory the worker is posted . for the calculation of the remuneration within the meaning of this directive minimum rates of pay , including pay for hourly work and / or piecework according to pay groups and overtime rates , allowances , bonuses as well as other mandatory elements shall be taken into account . the elements used for the calculation of the remuneration need to constitute elements that are paid to locally hired workers according to the provisions of this article . if expenses incur on account of the posting , such as travel , board and lodging and are provided by the employer , these expenses paid as a compensation shall not be considered to be part of the minimum rates of pay .


### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration in accordance with point . ### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration , their geographic and personal scope and the method of calculation in accordance with point . for the purpose of calculating the sums due to a posted worker , double payments of equal or similar nature shall be avoided . a miscalculation or omission of payments to a posted worker resulting from inaccessible , incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities .


### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry the relevant functions and should consist , in addition of two representatives of the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by dismissal requirements . ### the management board should carry the relevant administrative and budgetary management matters functions and should consist , in addition of the head , or otherwise a member of the collegiate body , of each nra and of a representative of the commission .


### the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra . ### the management board shall be composed of one member from each member state and one representative of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or other high - level representative of the nra .


### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . ### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose without delay the requirements of that convention into its legal order .


### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive . ### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should apply the crime of money laundering to all offences that are punishable with imprisonment of a level defined in this directive . to the extent that the application of these penalties thresholds does not already do so , member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . any kind of punishable involvement in the commission of a predicate offence or money laundering activity , such as participation in , association with or conspiracy to commit , attempts to commit and aiding , abetting , facilitating and counselling , should be considered as a criminal activity for the purposes of this directive . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive .


### member states shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for the benefit of that legal person by a person under its authority . ### member states shall ensure that legal persons can be held liable where serious negligence , lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for the benefit of that legal person by a person under its authority .


### each member state shall ensure that effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . ### each member state shall ensure that specific training and effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . such tools and training need to be adapted to the latest evolutions in the field of cybercrime and money laundering , including by using bitcoins , cryptocurrencies and ransomeware attacks . 1b . each member state shall ensure that their competent authorities freeze or confiscate , as appropriate , in accordance with directive 2014 / 42 / eu of the european parliament and of the council , the property derived from and the instrumentalities used in committing or attempting to commit any of the offences referred to in this directive . the provisions of paragraph 2 apply irrespective of the fact that a natural or a legal person has committed the laundering of proceeds or the predicate offence .


### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry . ### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that imports of cultural goods most at risk of being used to finance terrorism are subject to uniform controls upon their entry .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of an import licence issued by the competent authority of the member state of entry prior to the import into the customs territory of the union of those goods . 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 , object id , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue an import licence without undue delay .


### 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 and of returned 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 competent authority of the member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application . ### the competent authority of the member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 7 days of receipt of the application .


### the competent authority shall , within 90 days of the submission of the complete application , examine the application and decide to issue the import licence or reject the application . it may reject the application on the following grounds : ### the competent authority shall , within 14 days of the submission of the complete application , examine the application and decide to issue the import licence or reject the application . it shall reject the application where the evidence required in paragraph 2b is not provided .


### importer statement ### extended description of goods


### where member states restrict the number of customs offices competent to release cultural goods for free circulation or to place them under a special procedure other than transit , they shall communicate the details of those customs offices as well as any changes in that respect to the commission . ### member states may restrict the number of customs offices competent to allow the import of cultural goods . where member states apply that restriction , they shall communicate the details of those customs offices as well as any changes in that respect to the commission .


### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons , be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law . ### the administrative decision referred to in paragraph 1 shall be subject to the provisions of article 22 of regulation no 952 / 2013 .


### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant . ### the period of temporary retention shall be strictly limited to the time required for the customs authorities to determine the circumstances of the case . the maximum period of temporary retention under this article shall be 3 months . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant .


### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant . ### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months , with the possibility to extend that period for a further three months at the reasoned decision of the customs authorities . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant .


### administrative co - operation ### administrative co - operation and use of electronic system


### those implementing acts shall be adopted in accordance with the procedure referred to in article 13 . ### those implementing acts shall be adopted in accordance with the procedure referred to in article 13 . those implementing acts shall be adopted by . . . [ six months from the date of entry into force of this regulation ] .


### 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 and 4 and in particular , to the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them .


### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain import of cultural goods into the customs territory of the union and the making available of economic resources to prescribed terrorist groups as a result of the entry of cultural goods into customs territory of the union contrary to provisions of this regulation on their import . member states shall take all measures necessary to ensure that these rules on penalties 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 .


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### the commission , with the cooperation of the member states , shall organise : training and capacity - building activities and awareness - raising campaigns to ensure the effective implementation of this regulation , ii . actions to foster the effective cooperation of source countries iii . an exchange of best practices aimed at promoting uniform implementation of this regulation , especially the appropriate practices from member states that have national legislation in force on the import of cultural goods before the entry into force of this regulation .


### the power to adopt delegated acts referred to in article 2 shall be conferred on the commission for an indeterminate period of time from … [ publications office is to fill in the date of entry into force of this act ] . ### the power to adopt delegated acts referred to in article 2 and article 4 shall be conferred on the commission for an indeterminate period of time from … [ publications office is to fill in the date of entry into force of this act ] .


### the power to adopt delegated acts referred to in article 2 shall be conferred on the commission for an indeterminate period of time from … [ publications office is to fill in the date of entry into force of this act ] . ### the power to adopt delegated acts referred to in article 2 shall be conferred on the commission for a period of five years from … [ date of entry into force of this regulation ] .


### the commission shall present a report to the european parliament and the council on the implementation of this regulation three years after the date of application of this regulation and , after that , every five years . ### the commission shall present a report to the european parliament and the council on the implementation of this regulation two years after the date of application of this regulation and , after that , every four years .


### to achieve those objectives , the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate to the nature of this instrument . they should strike a judicious balance between rights and obligations . ### to achieve those objectives , the procedures and conditions required for the european citizens’ initiative should be transparent , clear , simple , user - friendly and proportionate to the nature of this instrument . they should strike a judicious balance between rights and obligations .


### in accordance with article 11 of the teu an initiative inviting the european commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required to implement the treaties , is to be taken by not less than one million citizens of the union who are nationals of a significant number of member states . ### in accordance with article 11 of the teu an initiative inviting the european commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required to implement the treaties , is to be taken by not less than one million citizens of the union who are nationals of at least four member states .


### in order to ensure that an initiative is representative of a union interest while ensuring that the instrument remains easy to use the minimum number of member states from which citizens must come should be set at one quarter of member states . ### in order to ensure that an initiative is representative of a union interest while ensuring that the instrument remains easy to use the minimum number of member states from which citizens must come should be set at at least four member states .


### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative . ### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be transparent , clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative .


### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . ### the support and funding for initiatives should be transparent and accountable . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency .


### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment cannot be objectively justified . in those situations , all such discrimination should be prohibited and customers should consequently be entitled , under the specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces . ### in a number of specific situations , any differences in the treatment of customers through the application of general conditions of access , including outright refusals to sell goods or to provide services , for reasons related to the customers ' nationality , place of residence or place of establishment may be objectively justified , if these are on grounds of preserving the integrity and existence of traditions and culture . in any situation , unjust discrimination should be prohibited and customers should be entitled , under specific conditions laid down in this regulation , to engage in commercial transactions under the same conditions as a local customer and have full and equal access to any of the different goods or services offered irrespective of their nationality , place of residence or place of establishment . where necessary , traders should therefore take measures to ensure compliance with that prohibition of discrimination if otherwise the customers concerned would be precluded from having such full and equal access . however , the prohibition applicable in those situations should not be understood as precluding traders from directing their activities at different member states or certain groups of customers with targeted offers and differing terms and conditions , including through the setting - up of country - specific online interfaces .


### the last substantive amendment to directive 89 / 552 / eec of the council27 , later codified by directive 2010 / 13 / eu of the european parliament and of the council28 , was made in 2007 with the adoption of directive 2007 / 65 / ec of the european parliament and of the council29 . since then , the market of audiovisual media services has evolved significantly and rapidly . technical developments allow for new types of services and user experiences . the viewing habits , particularly of younger generations , have changed significantly . while the main tv screen remains an important device to share audiovisual experiences , many viewers have moved to other , portable devices to watch audiovisual content . traditional tv content accounts still for a major share of the average daily viewing time . however , new types of content , such as short videos or user - generated content , gain increasing importance and new players , including providers of video - on - demand services and video - sharing platforms , are now well - established . __________________ 27 directive 89 / 552 / eec of the european parliament and of the council of 3 october 1989 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 28 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 29 directive 2007 / 65 / ec of the european parliament and of the council of 11 december 2007 amending council directive 89 / 552 / eec on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the pursuit of television broadcasting activities . ### the last substantive amendment to directive 89 / 552 / eec of the council 27 , later codified by directive 2010 / 13 / eu of the european parliament and of the council 28 , was made in 2007 with the adoption of directive 2007 / 65 / ec of the european parliament and of the council 29 . since then , the market of audiovisual media services has evolved significantly and rapidly owing to increased convergence between television and services distributed via the internet . technical developments allow for new types of services and user experiences . the viewing habits , particularly of younger generations , have changed significantly . while the main tv screen remains an important device to share audiovisual experiences , many viewers have moved to other , portable devices to watch audiovisual content . traditional tv content accounts still for a major share of the average daily viewing time . however , new types of content , such as short videos or user - generated content , gain increasing importance and new players , including providers of video - on - demand services and video - sharing platforms , are now well - established . __________________ 27 directive 89 / 552 / eec of the european parliament and of the council of 3 october 1989 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 28 directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 29 directive 2007 / 65 / ec of the european parliament and of the council of 11 december 2007 amending council directive 89 / 552 / eec on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the pursuit of television broadcasting activities .


### in its communication to the european parliament and to the council on better regulation for better results – an eu agenda31 , the commission stressed that when considering policy solutions , it will consider both regulatory and well - designed non - regulatory means , modelled on the community of practice and the principles for better self - and co - regulation32 . a number of codes set up in the areas coordinated by the directive have proved to be well designed , in line with the principles for better self - and co - regulation . the existence of a legislative backstop has been considered an important success factor in promoting compliance with a self - or co - regulatory code . it is equally important that the codes establish specific targets and objectives allowing for the regular , transparent and independent monitoring and evaluation of the objectives aimed by the codes . graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme . these principles should be followed by the self - and co - regulatory codes adopted in the areas coordinated by this directive . __________________ 31 com 215 final . 32 https : / / ec . europa . eu / digital - single - market / communities / better - self - and - co - regulation ### in its communication to the european parliament and to the council on better regulation for better results &#8211 ; an eu agenda 31 , the commission stressed that when considering policy solutions , it will consider both regulatory and well - designed non - regulatory means , modelled on the community of practice and the principles for better self - and co - regulation 32 . a number of codes set up in the areas coordinated by the directive have proved to be well designed , in line with the principles for better self - and co - regulation which may constitute a useful alternative or complementary means for legislative action . the existence of a legislative backstop has been considered an important success factor in promoting compliance with a self - or co - regulatory code . it is equally important that the codes establish specific targets and objectives allowing for the regular , transparent and independent monitoring and evaluation of the objectives aimed by the codes . graduated sanctions which maintain an element of proportionality are usually considered to be an effective approach in enforcing a scheme . these principles should be followed by the self - and co - regulatory codes adopted in the areas coordinated by this directive . __________________ 31 com 215 final . 32 https : / / ec . europa . eu / digital - single - market / communities / better - self - and - co - regulation


### 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 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 ' , thereby incurring penalties . this should include aligning the grounds on which incitement to violence or hatred is based .


### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means . ### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers 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 and , where possible , service providers should seek to use locally available systems of rating of descriptors which should ensure protection is in accordance with local standards .


### similarly , member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively limit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages . certain co - regulatory or self - regulatory systems exist at union and national level in order to market responsibly alcoholic beverages , including in audiovisual commercial communications . those systems should be further encouraged , in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages . ### similarly , member states should be encouraged to ensure that self - and co - regulatory codes of conduct are used to effectively limit the exposure of children and minors to unsuitable audiovisual commercial communications for alcoholic beverages . certain co - regulatory or self - regulatory systems exist at union and national level in order to market responsibly alcoholic beverages , including in audiovisual commercial communications . those systems should be further encouraged , in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages .


### the liberalisation of product placement has not brought about the expected take - up of this form of audiovisual commercial communication . in particular , the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers . product placement should thus be allowed in all audiovisual media services , subject to exceptions . ### the liberalisation of product placement has not brought about the expected take - up of this form of audiovisual commercial communication . in particular , the general prohibition of product placement with some exceptions has not created legal certainty for audiovisual media service providers . product placement should thus be allowed in all audiovisual media services , subject to exceptions , as it can create additional income for audiovisual media service providers .


### providers of on - demand audiovisual media services should promote the production and distribution of european works by ensuring that their catalogues contain a minimum share of european works and that those are given enough prominence . ### providers of on - demand audiovisual media services should promote the production and distribution of european works by ensuring , where practical and by appropriate means , that their catalogues contain a minimum share of european works and that those are given enough prominence .


### providers of on - demand audiovisual media services should promote the production and distribution of european works by ensuring that their catalogues contain a minimum share of european works and that those are given enough prominence . ### providers of on - demand audiovisual media services are encouraged to promote the production and distribution of european works by ensuring that their catalogues contain high quality european works .


### 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 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 without prejudice to directive 2000 / 31 / ec of the european parliament and of the council 1a . __________________ 1a directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


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


### it is appropriate to involve the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha . ### it is appropriate to involve the video - sharing platform providers actively when implementing the appropriate measures to be taken pursuant to this directive . co - regulation should therefore be encouraged . with a view to ensuring a clear and consistent approach in this regard across the union , member states should not be entitled to require video - sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this directive . however , it should remain possible for member states to take such stricter measures where that content is illegal , provided that they comply with articles 14 and 15 of directive 2000 / 31 / ec , and to take measures with respect to content on websites containing or disseminating child pornography , as required by and allowed under article 25 of directive 2011 / 93 / eu of the european parliament and the council 35 . it should also remain possible for video - sharing platform providers to take stricter measures on a voluntary basis . __________________ 35 directive 2011 / 93 / eu of the european parliament and of the council of 13 december 2011 on combating the sexual abuse and sexual exploitation of children and child pornography , and replacing council framework decision 2004 / 68 / jha .


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


### product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children ' s audience . ### product placement shall be admissible in all audiovisual media services , except in news and current affairs programmes , consumer affairs programmes , religious programmes and children ' s programmes , which should be understood as programmes produced for and aimed at children .


### announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group ; ### self - promotional and cross - promotional announcements made by the broadcaster in connection with its own programmes , audiovisual services and ancillary products directly derived from those programmes or with programmes from other entities belonging to the same media group ;


### 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 , member states shall ensure that video - sharing platform providers set out in a code of conduct the measures they will take to :


### 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 report on the delivery and effectiveness of the measures taken in accordance with paragraphs 2 and 2a . member states shall entrust this task to the authorities designated in accordance with article 30 .


### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct . ### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft codes of conduct and amendments to existing codes of conduct . the commission shall give appropriate publicity to those codes of conduct in order to promote the exchange of best practices .


### for region 1 , which includes the union , the international telecommunication union’s radio regulations adopted by the world radiocommunication conference have allocated the 700 mhz frequency band to the broadcasting and the mobile service on a co - primary basis , and the 470 - 694 mhz frequency band exclusively to the broadcasting service , on a primary basis , and to wireless audio pmse use , on a secondary basis . ### for region 1 , which includes the union , the international telecommunication union ' s radio regulations adopted by the world radiocommunication conference in 2015 have allocated the 700 mhz frequency band to the broadcasting and the mobile service on a co - primary basis , and the 470 - 694 mhz frequency band exclusively to the broadcasting service , on a primary basis , and to wireless audio pmse use , on a secondary basis .


### in addition , recent problems encountered with the implementation of the type - approval framework have revealed particular weaknesses and demonstrate the need for a fundamental revision to ensure a robust , transparent , predictable and sustainable regulatory framework that provides a high level of safety and of health and environmental protection . ### in addition , recent problems encountered with the implementation of the type - approval framework have revealed particular weaknesses and demonstrate the need for further strengthening of that regulatory framework to ensure that it is robust , transparent , predictable and sustainable and provides a high level of safety and of health and environmental protection .


### the member states should levy fees for the designation and monitoring of technical services to ensure sustainability of the monitoring of those technical services by member states and to establish a level playing field for technical services . in order to ensure transparency , the member states should inform the commission and the other member states before they adopt the level and structure of the fees . ### deleted


### the independence of technical services vis - à - vis manufacturers should be ensured , including by avoiding direct or indirect payments by the manufacturers for the type - approval inspections and tests they have carried out . therefore the member states should establish a type - approval fee structure that should cover the costs for carrying out all type - approval tests and inspections carried out by the technical services designated by the type - approval authority , as well as the administrative costs for issuing the type - approval and the costs for carrying out ex - post compliance verification tests and inspections . ### deleted


### for the purposes of this regulation , the following definitions shall apply : ### for the purposes of this regulation and the regulatory acts of the eu listed in annex iv , save as otherwise provided therein , the following definitions shall apply :


### ‘ type of vehicle’ means a particular category of vehicles that shares at least the essential criteria specified in part b of annex ii , and that may contain variants and versions as referred thereto ; ### ‘ type of vehicle’ means a particular group of vehicles that shares at least the essential criteria specified in part b of annex ii , and that may contain variants and versions as referred thereto ;


### ‘ base vehicle’ means any vehicle that is used at the initial stage of a multi - stage type - approval ; ### ‘ base vehicle’ means any vehicle that is used at the initial stage of a multi - stage type - approval irrespective of whether it is a motor vehicle ;


### ‘ individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle , whether unique or not , satisfies the relevant administrative provisions and technical requirements for eu individual vehicle approval and national individual vehicle approval ; ### ‘ individual vehicle approval’ means the procedure whereby an approval authority certifies that a particular vehicle , whether unique or not , satisfies the relevant administrative provisions and technical requirements for eu individual vehicle approval or national individual vehicle approval ;


### ‘ on - site assessment’ means a verification by the type - approval authority in the premises of the technical service or of one of its subcontractors or subsidiaries ; ### ‘ on - site assessment’ means a verification in the premises of the technical service or of one of its subcontractors or subsidiaries ;


### the commission shall be empowered to adopt delegated acts in accordance with article 88 to amend annex ii concerning the categorisation of vehicle sub - categories , types of vehicle and types of bodywork in order to adapt it to technical progress . ### the commission shall be empowered to adopt delegated acts in accordance with article 88 to amend annex ii concerning the types of vehicle and types of bodywork in order to adapt it to technical progress .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states , the commission . the results shall be discussed by the forum established under article 10 . the member state concerned shall make a summary of the results accessible to the public , which shall include in particular the number of type - approvals granted or rejected , the subject of the type - approval certificate , and the identity of the corresponding manufacturers .