### 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 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 , social media 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 .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content hosted on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all users from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content .


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


### 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 .


### member states shall encourage co - regulation and self - regulation through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders in the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions . draft union codes of conduct referred to in articles 6a , 9 and 9 and amendments or extensions to existing union codes of conduct shall be submitted to the commission by the signatories of these codes . the commission may ask erga to give an opinion on the drafts , amendments or extensions of those codes . the commission may publish those codes as appropriate . ### member states shall encourage co - regulation and / or self - regulatory regimes , for example through codes of conduct adopted at national level in the fields coordinated by this directive to the extent permitted by their legal systems . those codes shall be such that they are broadly accepted by the main stakeholders under the jurisdiction of the member states concerned . the codes of conduct shall clearly and unambiguously set out their objectives . they shall provide for regular , transparent and independent monitoring and evaluation of the achievement of the objectives aimed at . they shall provide for effective enforcement , including when appropriate effective and proportionate sanctions within the member state’s jurisdiction . draft union codes of conduct referred to in articles 6a , 9 and 9 and amendments or extensions to existing union codes of conduct shall be submitted to the commission by the signatories of these codes for information . the commission may ask erga to give an opinion on the drafts , amendments or extensions of those codes . the commission shall publish , and may raise awareness on , those codes as appropriate .


### 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 practice .


### member states shall communicate to the commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based . they shall subsequently inform the commission without undue delay of any changes to that list . the commission shall ensure that the competent independent regulatory authorities have access to this information . ### member states shall maintain a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based . member states shall ensure that national regulatory authorities share such lists with the commission and with other competent independent regulatory authorities , via a central database , or by other appropriate means . member states shall update such lists , without undue delay , whenever changes to the audiovisual media service providers under their jurisdiction occur .


### 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 .


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


### 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 .


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


### to cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 and 4 thereof ; ### cooperate and provide its members with the information necessary for the application of this directive , in particular as regards articles 3 , 4 and 7 thereof ;


### 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 ;


### in order to ensure adequate levels of investment on european works , member states should be able to impose financial obligations to on - demand service providers established on their territory . those obligations can take the form of direct contributions to the production of and acquisition of rights in european works . the member states could also impose levies payable to a fund , on the basis of the revenues made with on - demand services that are provided in and targeted towards their territory . this directive clarifies that , given the direct link between financial obligations and member states ' different cultural policies , member states are also allowed to impose such financial obligations on providers of on - demand services established in another member state which are targeted towards its territory . in this case financial obligations should only be charged on the revenues generated through the audience in that member state . ### in order to seek to improve levels of investment in european works , member states may impose financial obligations on on - demand service providers established within their jurisdiction . those financial obligations can take the form of direct contributions to the production of and acquisition of rights in european works . in accordance with the country of origin principle , member states should only impose such financial obligations on on - demand service providers established within their jurisdiction .


### establishing and operating systems through which providers of video - sharing platforms explain to users of video - sharing platforms what effect has been given to the reporting and flagging referred to in point . ### establishing and operating transparent , easy to use and effective procedures for the handling and resolution of disputes between the video - sharing platform provider and its users in relation to the implementation of the measures referred to in points to and the extent to which those measures conform with the code of conduct .


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , where those providers determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms , they should be encouraged to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin in accordance with guidelines regularly issued by authorities to ensure the protection of user ' s fundamental rights .


### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . ### directive 2010 / 13 / eu should remain applicable only to audiovisual media services , the principal purpose of which is the provision of programmes in order to inform , entertain or educate , and which are intended for reception by , and which could have a clear impact on , a significant proportion of the general public . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . similarly , audiovisual media services that are not primarily economic in their purpose and do not compete with television broadcasting but , for example , provide and distribute the audiovisual content of private users for sharing in communities of interest , should not be included . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive .


### directive 2010 / 13 / eu should remain applicable only to those services the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services are not included , except if they provide a service that falls under the definition of a video - sharing platform . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive . ### directive 2010 / 13 / eu should remain applicable only to those services which are intended for reception by , and which could have a clear impact on , a significant proportion of the general public and the principal purpose of which is the provision of programmes in order to inform , entertain or educate . the principal purpose requirement should be also considered to be met if the service has audiovisual content and form which is dissociable from the main activity of the service provider , such as stand - alone parts of online newspapers featuring audiovisual programmes or user - generated videos where those parts can be considered dissociable from their main activity . social media services represent an important access point to information for consumers and rely increasingly on audiovisual content generated or made available by their users . social media services are generally not included within the scope of this directive but it is necessary to include them when their services meet all the criteria defining a video - sharing platform . similarly , audiovisual media services that provide and distribute audiovisual media content and do not compete with television broadcasting , for example , by providing and distributing the audiovisual content of private users for sharing in communities of interest , should not be included . a service should be considered to be merely an indissociable complement to the main activity as a result of the links between the audiovisual offer and the main activity . as such , channels or any other audiovisual services under the editorial responsibility of a provider may constitute audiovisual media services in themselves , even if they are offered in the framework of a video - sharing platform which is characterised by the absence of editorial responsibility . in such cases , it will be up to the providers with editorial responsibility to abide by the provisions of this directive .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . ### member states and the commission shall encourage the development of self - and co - regulation including codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes , based on best practices in member states , should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages .


### 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 relevant stakeholders , including civil society organisations , and the video - sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this directive . transparent and accountable 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 .


### establishing and operating age verification systems for users of video - sharing platforms with respect to content which may impair the physical , mental or moral development of minors ; ### establishing and operating efficient age verification systems for users of video - sharing platforms with respect to content which may impair the physical or mental development of minors . such systems shall not lead to any additional processing of personal data and shall be without prejudice to article 8 of regulation 2016 / 679 ;


### an important share of the content stored on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical , mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , religion , descent or national or ethnic origin . ### an important share of the content hosted on video - sharing platforms is not under the editorial responsibility of the video - sharing platform provider . however , those providers typically determine the organisation of the content , namely programmes or user - generated videos , including by automatic means or algorithms . therefore , those providers should be required to take appropriate measures to protect minors from content that may impair their physical or mental development and protect all users from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age , gender , gender expression , gender identity , sexual orientation , residence status or health . these grounds are intended to further specify the characteristics of ' publicly inciting to violence or hatred ' but should not alone be considered as a basis for restricting the making available of audio - visual content .


### what constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question , the harm it may cause , the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake , including those of the video - sharing platform providers and the users having created and / or uploaded the content as well as the public interest . ### what constitutes an appropriate measure for the purposes of paragraphs 1 and 2 shall be determined by the member states having jurisdiction over video - sharing platform providers in light of the nature of the content in question , the harm it may cause , the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake , including those of the video - sharing platform providers and the users having created and / or uploaded the content as well as the public interest .


### those measures shall consist of , as appropriate : ### measures outlined in such a code of conduct shall consist of , as appropriate :


### member states shall communicate to the commission a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based . they shall subsequently inform the commission without undue delay of any changes to that list . the commission shall ensure that the competent independent regulatory authorities have access to this information . ### member states shall maintain a list of the audiovisual media service providers under their jurisdiction and the criteria set out in paragraphs 2 to 5 on which their jurisdiction is based . member states shall ensure that national regulatory authorities share such lists with the commission and with other competent independent regulatory authorities , via a central database , or by other appropriate means . member states shall update such lists , without undue delay , whenever changes to the audiovisual media service providers under their jurisdiction occur .


### in order to ensure adequate levels of investment on european works , member states should be able to impose financial obligations to on - demand service providers established on their territory . those obligations can take the form of direct contributions to the production of and acquisition of rights in european works . the member states could also impose levies payable to a fund , on the basis of the revenues made with on - demand services that are provided in and targeted towards their territory . this directive clarifies that , given the direct link between financial obligations and member states ' different cultural policies , member states are also allowed to impose such financial obligations on providers of on - demand services established in another member state which are targeted towards its territory . in this case financial obligations should only be charged on the revenues generated through the audience in that member state . ### in order to ensure adequate levels of investment on european works , it should be possible for member states to impose financial obligations to on - demand service providers established on their territory . those obligations can take the form of direct contributions to the production of and acquisition of rights in european works . financial obligations can only be levied domestically by the member states upon on - demand services within their domestic jurisdiction , in accordance with the country of origin principle .


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


### 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 . the different means of content descriptors should be clear enough to stipulate whether the specific content may be of harm to minors .


### in light of the nature of the providers ' involvement with the content stored on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting orders by national authorities in accordance with national legislation . __________________ 34 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 . ### in light of the nature of the providers ' involvement with the content hosted on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting judicial orders by national authorities in accordance with national legislation . __________________ 34 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 .


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


### in light of the nature of the providers ' involvement with the content stored on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting orders by national authorities in accordance with national legislation . __________________ 34 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 . ### in light of the nature of the providers ' involvement with the content stored on video - sharing platforms , those appropriate measures should relate to the organisation of the content and not to the content as such . the requirements in this regard as set out in this directive should therefore apply without prejudice to article 14 of directive 2000 / 31 / ec , which provides for an exemption from liability for illegal information stored by certain providers of information society services . when providing services covered by article 14 of directive 2000 / 31 / ec , those requirements should also apply without prejudice to article 15 of that directive , which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers , without however concerning monitoring obligations in specific cases and , in particular , without affecting orders by national authorities in accordance with national legislation .


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


### 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 council33a . __________________ 33a 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 .


### 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 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 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 owing to the 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 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 .


### 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 .


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


### 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 .


### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and programmes with a significant children’s audience . in particular , evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in programmes with a significant children’s audience . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes . ### product placement should not be admissible in news and current affairs programmes , consumer affairs programmes , religious programmes and children ' s programmes . in particular , evidence shows that product placement and embedded advertisements can affect children ' s behaviour as children are often not able to recognise the commercial content . there is thus a need to continue to prohibit product placement in children´s programmes . consumer affairs programmes are programmes offering advice to viewers , or including reviews on the purchase of products and services . allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes .


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


### the instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase , maintenance and upgrade of relevant , state - of - the - art and reliable customs control equipment . ### the instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase , maintenance and upgrade of relevant , state - of - the - art and reliable customs control hardware and software .


### member states shall ensure that the competent authority of the departure member state shall not authorise the cross - border conversion where it determines , after an examination of the specific case and having regard to all relevant facts and circumstances , that it constitutes an artificial arrangement aimed at obtaining undue tax advantages or at unduly prejudicing the legal or contractual rights of employees , creditors or minority members . ### member states shall ensure that the competent authority of the departure member state shall not authorise the cross - border conversion where it determines , after an examination of the specific case and having regard to all relevant facts and circumstances , that it constitutes an artificial arrangement , that should be understood as a non - genuine arrangement or a series of arrangements which have been put into place for the main purpose or one of the main purposes of obtaining a tax advantage that defeats the object or purpose of the applicable tax law prejudicing the legal or contractual rights of employees , creditors or minority members .


### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; ### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 90 days on average per year during the last two calendar years preceding the year of submission of the application for support ;


### productive aquaculture investments under this article may only be supported through the financial instruments provided for in article 52 of regulation no [ regulation laying down common provisions ] and through investeu , in accordance article 10 of that regulation . ### productive aquaculture investments under this article may be supported through grants or through the financial instruments provided for in article 52 of regulation no [ regulation laying down common provisions ] and through investeu , in accordance article 10 of that regulation .


### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support ; ### the fishing vessel is registered as active and has carried out fishing activities at sea for at least 90 days in each of the last two calendar years preceding the year of submission of the application for support ;


### fishers who have worked at sea for at least 120 days in each of the last three calendar years preceding the year of submission of the application for support on board a union fishing vessel concerned by the extraordinary cessation . ### fishers who have worked at sea for at least 90 days on average per year during the last two calendar years preceding the year of submission of the application for support on board a union fishing vessel concerned by the extraordinary cessation .


### support under this chapter shall contribute to the achievement of the environmental , economic , social and employment objectives of the cfp , as set out in article 2 of regulation no 1380 / 2013 . ### support under this chapter shall contribute to the achievement of the environmental , economic , social and employment objectives of the cfp , as set out in article 2 of regulation no 1380 / 2013 , and encourage social dialogue between stakeholders .


### the emff shall support the development and dissemination of market intelligence for fishery and aquaculture products by the commission in accordance with article 42 of regulation no 1379 / 2013 . ### the emff shall support the development and dissemination of market intelligence for fishery and aquaculture products by the commission in accordance with article 42 of regulation no 1379 / 2013 , in particular through the planning , establishment , coordination and upgrading of the aquaculture statistical information network .


### investments in ports to provide adequate reception facilities for lost fishing gears and marine litter collected from the sea ; ### investments in ports to provide adequate reception facilities for lost fishing gears and marine litter collected from the sea and unwanted catches as referred to in article 15 of regulation 1380 / 2013 ;


### it shall apply from [ date : 6 months following the day of its publication ] . ### it shall apply from [ date : 12 months following the day of its publication ] .


### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence ; ### ' temporarily present ' means the transitory presence of a subscriber in a member state other than the member state of residence ;


### shareholders shall be duly informed by their intermediary that their name and contact details may be transmitted for the purpose of identification in accordance with this article . this information may only be used for the purpose of facilitation of the exercise of the rights of the shareholder . the company and the intermediary shall ensure that natural persons are able to rectify or erase any incomplete or inaccurate data and shall not conserve the information relating to the shareholder for longer than 24 months after receiving it . ### member states shall ensure that shareholders are duly informed by their intermediary that the information regarding their identity may be processed in accordance with this article . this information may only be used for the purpose of facilitation of the exercise of the rights of the shareholder . the company and the intermediary shall ensure that natural persons are able to rectify or erase any incomplete or inaccurate data and shall not conserve the information relating to the shareholder for longer than is necessary , and in any event not longer than 12 months after receiving it .


### member states may provide that companies can request their shareholders to exempt them from the requirement of subparagraph 1 to accompany the announcement of the transaction with a related party by a report from an independent third party in case of clearly defined types of recurrent transactions with an identified related party in a period of not longer than 12 months after granting the exemption . where the related party transactions involve a shareholder , this shareholder shall be excluded from the vote on the advance exemption . ### member states may provide that the announcement published pursuant to paragraph 1 is accompanied by a report assessing whether or not the transaction is fair from the perspective of the company , including minority shareholders , and explaining the assumptions the report is based upon together with the methods used . the report shall be produced by : an independent third party ; the administrative or supervisory body ; the audit committee or any other committee the majority of which is composed of directors with no conflict of interest in the transaction ; or any other qualified people in the company with no conflict of interest in the transaction provided that the related parties are prevented from influencing the preparation of the report .


### member states shall ensure that shareholders have the right to vote on the remuneration policy as regards directors . companies shall only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . the policy shall be submitted for approval by the shareholders at least every three years . ### member states shall ensure that shareholders have the right to vote on the remuneration policy as regards directors . companies shall only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . the policy shall be submitted for approval by the shareholders at least every three years . however , member states may allow companies to submit the policy for approval by the general meeting only when there is a proposal for amendment .


### member states shall ensure that asset managers disclose on a half - yearly basis to the institutional investor with which they have entered into the arrangement referred to in article 3g how their investment strategy and implementation thereof complies with that arrangement and how the investment strategy and implementation thereof contributes to medium to long - term performance of the assets of the institutional investor . ### member states shall ensure that asset managers disclose on an annual basis to the institutional investor with which they have entered into the arrangement referred to in article 3g how their investment strategy and implementation thereof complies with that arrangement and how the investment strategy and implementation thereof contributes to medium to long - term performance of the assets of the institutional investor .


### the relative change of the remuneration of directors over the last three financial years , its relation to the development of the value of the company and to change in the average remuneration of full time employees of the company other than directors ; ### the relative change of the remuneration of directors over the last three financial year and the relative change in the average remuneration of full time employees of the company other than directors ;


### member states shall ensure that institutional investors disclose to the public how their equity investment strategy is aligned with the profile and duration of their liabilities and how it contributes to the medium to long - term performance of their assets . the information referred to in the first sentence shall at least be available on the company ' s website as long as it is applicable . ### member states shall ensure that institutional investors disclose to the public whether and if so how the principles underlying their equity investment strategy and the arrangements with asset managers who invest on their behalf , either on a discretionary client - by - client basis or through a collective investment undertaking , are aligned with the profile and duration of their liabilities and how they contribute to the medium to long - term performance of their assets .


### the policy shall indicate the maximum amounts of total remuneration that can be awarded , and the corresponding relative proportion of the different components of fixed and variable remuneration . it shall explain how the pay and employment conditions of employees of the company were taken into account when setting the policy or directors ' remuneration by explaining the ratio between the average remuneration of directors and the average remuneration of full time employees of the company other than directors and why this ratio is considered appropriate . the policy may exceptionally be without a ratio in case of exceptional circumstances . in that case , it shall explain why there is no ratio and which measures with the same effect have been taken . ### the policy shall indicate the maximum amounts of total remuneration that can be awarded , and the corresponding relative proportion of the different components of fixed and variable remuneration . it shall explain how the pay and employment conditions of employees of the company were taken into account when setting the policy or directors ' remuneration by explaining the ratio between the average annual adjustment of the remuneration of directors and the average annual adjustment of the remuneration of full time employees of the company other than directors and why this ratio is considered appropriate . the policy may exceptionally be without a ratio in case of exceptional circumstances . in that case , it shall explain why there is no ratio and which measures with the same effect have been taken .


### whether they have dialogues with the companies which are the object of their voting recommendations , and , if so , the extent and nature thereof ; ### whether they have communication or dialogues with the companies which are the object of their research and voting recommendations , and , if so , the extent and nature thereof ;


### member states shall allow intermediaries to charge prices or fees for the service to be provided under this chapter . intermediaries shall publicly disclose prices , fees and any other charges separately for each service referred to in this chapter . ### member states shall require intermediaries to publicly disclose prices , fees and any other charges separately for each service referred to in this chapter .


### in order to ensure that shareholders have an effective say on the remuneration policy , they should be granted the right to approve the remuneration policy , on the basis of a clear , understandable and comprehensive overview of the company ' s remuneration policy , which should be aligned with the business strategy , objectives , values and long - term interests of the company and should incorporate measures to avoid conflicts of interest . companies should only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . the approved remuneration policy should be publicly disclosed without delay . ### in order to ensure that shareholders have an effective say on the remuneration policy , without forcing shareholders to approve a level of detail in the policy that could be detrimental to the interests of the company in two - tier systems , they should be granted the right to approve the remuneration policy , on the basis of a clear , understandable and comprehensive overview of the company ' s remuneration policy , which should give indications on inter alia the possible use of variable pay , performance criteria , vesting - , retention - and deferral periods and payments linked to termination . the policy should be aligned with the business strategy of the company and should incorporate measures to avoid conflicts of interest . companies should only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . the approved remuneration policy should be publicly disclosed without delay .


### member states shall ensure that asset managers disclose to the institutional investor on a half - yearly basis all of the following information : ### member states shall ensure that the annual disclosure referred to in paragraph 1 contains at least the following information :


### the commission shall submit the shortlist to the european parliament for approval . following the approval of that shortlist , the council shall adopt a decision to appoint the full time members of the executive board including the member in charge . the executive board shall be balanced and proportionate and shall reflect the union as a whole . ### the commission shall submit the shortlist to the european parliament for approval . following the approval of that shortlist , the council shall adopt a decision to appoint the external members of the executive board . the composition of the executive / management board shall be balanced and proportionate and shall reflect the union as a whole .


### every member state shall accept certificates of proficiency and documentary evidence issued by another member state , or under its authority , for the purpose of allowing seafarers to serve on - board its fleet . ### every member state shall accept certificates of proficiency and documentary evidence issued by another member state , or under its authority , on paper or in electronic format , for the purpose of allowing seafarers to serve on board vessels in its fleet .


### in situations referred to in points to of paragraph 1 , the determining authority may decide not to grant status to a refugee , where such a decision has not yet been taken . ### in situations referred to in points to of paragraph 1 , the determining authority shall not grant status to a refugee , where such a decision has not yet been taken .


### in its communication of 6 april 2016 , 32 the commission set out its options for improving the ceas , namely to establish a sustainable and fair system for determining the member state responsible for asylum seekers , to reinforce the eurodac system , to achieve greater convergence in the eu asylum system , to prevent secondary movements within the european union and a new mandate for the european union agency for asylum agency . that communication is in line with calls by the european council on 18 - 19 february 201633 to make progress towards reforming the eu ' s existing framework so as to ensure a humane and efficient asylum policy . it also proposes a way forward in line with the holistic approach to migration set out by the european parliament in its own initiative report of 12 april 2016 . _________________ 32 com 197 final . 33 euco 19 . 02 . 2016 , sn 1 / 16 . ### in its communication of 6 april 2016 , 32 the commission set out its options for improving the ceas , namely to establish a system for determining the member state responsible for asylum seekers , to reinforce the eurodac system , to achieve greater convergence in the eu asylum system , to prevent secondary movements within the european union and a new mandate for the european union agency for asylum agency . that communication is in line with calls by the european council on 18 - 19 february 201633 to make progress towards reforming the eu ' s existing framework so as to ensure a humane and efficient asylum policy . it also proposes a way forward in line with the holistic approach to migration set out by the european parliament in its own initiative report of 12 april 2016 . _________________ 32 com 197 final . 33 euco 19 . 02 . 2016 , sn 1 / 16 .


### the notion of national security and public order also covers cases in which a third - country national belongs to an association which supports international terrorism or supports such an association . ### the notion of national security and public order also covers cases in which a third - country national either indirectly or directly supports terrorism or religious radicalism .


### access to certain social assistance specified in national law may be made conditional on the effective participation of the beneficiary of international protection in integration measures . ### access to social assistance specified in national law shall be made conditional on the effective participation and successful conclusion of the beneficiary of international protection and his or her family members as referred to in the article 2 in integration measures .


### decisions of the determining authority revoking , ending or refusing to renew subsidiary protection status pursuant to paragraph 1 shall only take effect three months after the decision is taken , in order to provide the third - country national or stateless person with the opportunity to apply for residence in the member state on other grounds in accordance with relevant union and national law . ### decisions of the determining authority revoking , ending or refusing to renew subsidiary protection status pursuant to paragraph 1 shall take effect one month after the decision is taken , unless specified otherwise .


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures , modalities to be set by the member states . member states may make the participation in such integration measures , such as language courses , civic integration courses , vocational training and other employment - related courses compulsory . ### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures , modalities to be set by the member states . member states shall make the participation in such integration measures , such as language courses and civic integration courses , compulsory .


### committing a political crime is not in principle a ground justifying exclusion from refugee status . however , in accordance with relevant case law of the court of justice of the european union , particularly cruel actions , where the act in question is disproportionate to the alleged political objective , and terrorist acts which are characterised by their violence towards civilian populations , even if committed with a purportedly political objective , should be regarded as non - political crimes and therefore can give rise to exclusion from refugee status . ### committing a political crime could be grounds for justifying exclusion from refugee status .


### beneficiaries of international protection should reside in the member state which granted them protection . those beneficiaries who are in possession of a valid travel document and a residence permit issued by a member state applying the schengen acquis in full , should be allowed to enter into and move freely within the territory of the member states applying the schengen acquis in full , for a period up to 90 days in any 180 - day period in accordance with schengen borders code38 and with article 21 of the convention implementing the schengen agreement39 . beneficiaries of international protection can equally apply to reside in a member state other than the member state which granted protection , in accordance with relevant eu rules , notably on the conditions of entry and residence of third - country nationals for the purposes of highly skilled employment40 and national rules ; however , this does not imply any transfer of the international protection and related rights . _________________ 38 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . 39 schengen agreement of 14 june 1985 between the governments of the states of the benelux economic union , the federal republic of germany and the french republic on the gradual abolition of checks at their common borders . 40 com 378 final . ### beneficiaries of international protection should reside in the member state which granted them protection . those beneficiaries who are in possession of a valid travel document and a residence permit issued by a member state applying the schengen acquis in full , should be allowed to enter into and move freely within the territory of the member states applying the schengen acquis in full , for a period up to 90 days in any 180 - day period in accordance with schengen borders code38 and with article 21 of the convention implementing the schengen agreement39 _________________ 38 regulation 2016 / 399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders . 39 schengen agreement of 14 june 1985 between the governments of the states of the benelux economic union , the federal republic of germany and the french republic on the gradual abolition of checks at their common borders .


### as soon as possible after international protection is granted and within five working days at the latest , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian or , where necessary , by an organisation responsible for the care and well - being of minors , or by any other appropriate representation including that based on legislation or court order . ### as soon as possible after international protection is granted , as outlined in article 22 of regulation eu no xxx / xxx [ procedures regulation ] , competent authorities shall take the necessary measures to ensure the representation of unaccompanied minors by a legal guardian .


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures , modalities to be set by the member states . member states may make the participation in such integration measures , such as language courses , civic integration courses , vocational training and other employment - related courses compulsory . ### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection may have access to integration measures , modalities to be set by the member states . member states may make the participation in such integration measures that it determines fit , such as language courses , civic integration courses , vocational training and other employment - related courses compulsory .


### in order to facilitate the integration of beneficiaries of international protection into society , beneficiaries of international protection shall have access to integration measures provided by the member states , in particular language courses , civic orientation and integration programs and vocational training which take into account their specific needs . ### in order to facilitate the integration into society , beneficiaries of international protection and their family members as referred to in the article 2 shall have access to integration measures provided by the member states , in particular language courses , civic orientation and integration programs .


### member states may make participation in integration measures compulsory . ### member states shall make participation in integration measures compulsory . access to the social benefits shall depend on the effective participation and successful conclusion of the beneficiaries of international protection in integration programs .


### the elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age , background , including that of relevant relatives , identity , nationality , country and place of previous residence , previous applications [ for international protection and results of any expedited resettlement procedure as defined by regulation no xxx / xx [ resettlement regulation ] ] , travel routes , travel documents and the reasons for applying for international protection . ### the elements referred to in paragraph 1 shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age , background , including that of relevant relatives , identity , nationality , country and place of previous residence , previous applications [ for international protection and results of any expedited resettlement procedure , travel routes , travel documents and the reasons for applying for international protection .


### the member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 4 of this directive by [ six months after the entry into force of this regulation ] at the latest . they shall forthwith inform the commission thereof . ### the member states shall bring into force the laws , regulations and administrative provisions necessary to comply with article 4 of this directive by [ one month after the entry into force of this regulation ] at the latest . they shall forthwith inform the commission thereof .


### in order to prevent secondary movements within the european union , beneficiaries of international protection , if found in a member state other than the member state having granted them protection without fulfilling the conditions of stay or reside , should be taken back by the member state responsible in accordance with the procedure laid down by regulation41 _________________ 41 no [ xxx / xxxx new dublin regulation ] . ### in order to prevent secondary movements within the european union , beneficiaries of international protection , if found in a member state other than the member state having granted them protection without fulfilling the conditions of stay or reside , should be taken back and sanctioned by the member state responsible in accordance with the procedure laid down by regulation41 and this regulation .


### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive , register , and examine applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities should take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities should take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 _________________ 34 com271 final . ### the european union agency for asylum should provide adequate support in the application of this regulation , in particular by providing experts to assist the member state authorities to receive and register applications for international protection , providing updated information regarding third countries , including country of origin information , and other relevant guidelines and tools . when applying this regulation , member states ' authorities may take into account operational standards , indicative guidelines , and best practices developed by the european union agency for asylum [ the agency ] . when assessing applications for international protection , member states ' authorities may take particular account of the information , reports , common analysis and guidance on the situation in countries of origin developed at union level by the agency and the european networks on country of origin information in accordance with articles 8 and 10 of regulation34 _________________ 34 com271 final .


### family members , due to their close relationship to the refugee , will normally be vulnerable to acts of persecution in such a manner that could be the basis for international protection . provided they do not qualify for international protection , for the purpose of maintaining family unity , they shall be entitled to claim a residence permit and the same rights accorded to beneficiaries of international protection . without prejudice to the provisions related to maintaining family unity in this regulation , where the situation falls within the scope of directive 2003 / 86 / ec on the right to family reunification and the conditions for reunification set out thereof are fulfilled , family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that directive . this regulation shall be applied without prejudice to directive 2004 / 38 / ec . ### family members , for the purpose of maintaining family unity , shall be entitled to apply for a residence permit not exceeding the duration of that of the beneficiary of the international protection . without prejudice to the provisions related to maintaining family unity in this regulation , where the situation falls within the scope of directive 2003 / 86 / ec on the right to family reunification and the conditions for reunification set out thereof are fulfilled , family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that directive . this regulation shall be applied without prejudice to directive 2004 / 38 / ec .


### in order to enhance the effective exercise of the rights and benefits laid down in this regulation by beneficiaries of international protection , it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted , and facilitate their access to integration related rights in particular as regards employment - related educational opportunities and vocational training and access to recognition procedures for foreign diplomas , certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures . ### in order to enhance the effective exercise of the rights and benefits laid down in this regulation by beneficiaries of international protection , it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted , and facilitate their access to integration related rights .


### the main objective of this regulation is , on the one hand , to ensure that member states apply common criteria for the identification of persons genuinely in need of international protection and , on the other hand , to ensure that a common set of rights is available for those persons in all member states . ### the main objective of this regulation is , on the one hand , to ensure that member states apply common criteria for the identification of persons genuinely in need of international protection and , on the other hand , to ensure that a common set of rights is available for those persons in all member states . furthermore countering the abuse of the asylum systems of member states should act as a guiding principle of this regulation .


### in any case , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . _________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council . ### as recommended in the lamy report , spectrum usage in the 470 - 694 mhz frequency band should be assessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 services and social , economic and cultural general interest objectives . _________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council .


### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects cannot be reallocated because its purpose is to address root causes of migration . ### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects under the eib resilience initiative should be absorbed completely for its purpose and should not be reallocated .


### an assessment of the contribution of eib financing operations in providing strategic response addressing root causes of migration . ; ### an assessment of the contribution of eib financing operations in providing strategic response addressing root causes of migration stemming from poverty , inequality , demographic growth , lack of employment and economic opportunities , climate change and contributing to the long - term economic resilience of host and transit communities ;


### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas . ### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migratory pressures stemming from poverty , inequality , demographic growth , lack of employment and economic opportunities , climate change , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 38 470 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed towards the development of economic and social infrastructure in partner countries , transit and host communities , with a focus on job creation and sustainability .


### the international community faces an unprecedented refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration . ### the international community faces an unprecedented migration and refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing programmes in order to engineer and support initiatives , which contribute to the sustainable development goals and to address root causes of migratory pressures stemming from poverty , inequality , demographic growth , lack of employment and economic opportunities , climate change and the long - term consequences of forced displacement .


### the international community faces an unprecedented refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration . ### the international community faces an unprecedented migration and refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration and building the resilience of transit and host communities .


### the eib should develop and implement a set of indicators in its results measurement framework for projects in the public sector and in the private sector directed to refugees and host communities . therefore , an assessment of the contribution of eib financing operations addressing root causes of migration should be included in the commission ' s annual reporting to the european parliament and to the council on eib financing operations . ### the eib should develop and implement a set of indicators in its results measurement framework for projects in the public sector and in the private sector addressing root causes of migration and the long - term economic resilience of host and transit communities . therefore , an assessment of the contribution of eib financing operations towards these objectives , notably contribution to sdgs , the involvement of local civil society , and the alignment with union external priorities and union budget priorities must be included in the commission ' s annual reporting to the european parliament and to the council on eib financing operations . the eib should take all necessary steps to consolidate its accountability to the european parliament , through transparency and access to information , by publishing the results , evaluations and impact appraisals of projects on a systematic basis via the results measurement framework .