### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen in priority the local private sector , including msmes in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to enhance its support to investment projects run by msmes , enabling access to finance , while mobilising the development of new investment projects run by msmes , further facilitating the internationalisation of msmes . in order to effectively monitor and evaluate the use of funds for the benefit of the msmes concerned , the eib shall carry out thorough due diligence and establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the final beneficiaries .


### 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 .


### ' an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives , taking into account the regional technical operational guidelines referred to in article 5 ; ' ### in article 11 , point shall be replaced by the following : ' an assessment of the contribution of eib financing operations to the fulfilment of union external policy and strategic objectives . the commission , in cooperation with the european external action service , shall establish a framework and methodology for annual reporting by the eib on its operations covered by the community guarantee and their compliance with the general principles guiding union external action as referred to in article 21 teu . the key objective of this reporting shall be to monitor the compliance of the eib with obligations under the teu and notably the provisions of its article 21 , including respect for and promotion of human rights , eradication of poverty , and the management of environmental risks . that methodology shall be developed by the commission and the eeas during the first year following the entry into force of this revised decision and build on reporting on human rights compliance by the eib , as requested by the eu strategic framework and action plan for human rights . based on the annual reporting from the eib , the commission shall submit each year to the european parliament its own evaluation of the information provided by the eib and suggest possible changes in the policies and procedures followed by the eib for adoption by the member states after taking into account the opinion of the european parliament on those changes . possible recommendations by the european commission and the european parliament on how to improve eib reporting to that end shall be reflected by it in the context of the updating of the regional technical operational guidelines . '


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . the eib shall allow more risk - taking , flexibility and a development approach as well as enabling accurate impact measurements . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ' ;


### 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 .


### 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 .


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector and contribute to creating favourable conditions for private enterprise and investment in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . eib financing operations shall contribute to improving market access for smes in the union ' s third country partners and their integration into global value chains and shall further contribute to enhancing union companies’ internationalisation and competitiveness . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; the eib endeavours to identify the obstacles to access to funding by smes and ensures to overcome them ;


### 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 eib should notify the european parliament of any reallocation decision by providing a justification report and an impact assessment . 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 .


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to inclusive and sustainable development , wealth creation and to the achievement of the sustainable development goals . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action .


### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate an initial commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period . ### member states shall ensure that conditions and procedures for contract termination are not a disincentive against changing service provider and that contracts concluded between consumers , and micro or small enterprises where appropriate , and undertakings providing publicly available electronic communications services , other than number - independent interpersonal communications services , do not mandate a commitment period longer than 24 months . member states may adopt or maintain shorter maximum durations for the initial commitment period .


### providers subject to the obligations under paragraphs 1 - 4 shall duly complete this contract summary template with the required information and provide it to consumers , and micro and small enterprises , prior to the conclusion of the contract . the contract summary shall become an integral part of the contract . ### providers subject to the obligations under paragraphs 1 - 4 shall duly complete this contract summary template with the required information and provide it to consumers , and micro and small enterprises , where appropriate , prior to the conclusion of the contract . the contract summary shall become an integral part of the contract .


### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds . only the net cost , as determined in accordance with article 84 , of the obligations laid down in articles 79 , 81 and 82 may be financed . ### where , on the basis of the net cost calculation referred to in article 84 , national regulatory authorities find that an undertaking is subject to an unfair burden , member states shall , upon request from the undertaking concerned , decide : to introduce a mechanism to compensate that undertaking for the determined net costs under transparent conditions from public funds ; and / or to share the net cost of universal service obligations between providers of electronic communications networks and services and those undertakings providing information society services as defined in directive 2000 / 31 / ec and which account for a large broadband consumption .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and obligations enabling access for end - users to connected tv services and to the specified services on electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks use them to receive radio and audiovisual media services . member states may impose reasonable ' must offer ' entitlements , in respect of specified radio and audiovisual media services of general interest , to the benefit of undertakings subject to must - carry obligations under their jurisdiction . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for consumers with disabilities , such as videotext , subtitling , audio description and sign language .


### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . the affordable functional internet access service should be sufficient in order to support access to and use of a minimum set of basic services that reflect the services used by the majority of end - users . this minimum list of services should be further defined by member states , in order to allow an adequate level of social inclusion and participation in the digital society and economy in their territory . ### the speed of internet access experienced by a given user may depend on a number of factors , including the provider of internet connectivity as well as the given application for which a connection is being used . affordable internet access service should have sufficient functionality in order to support access to and use of a minimum set of basic services . a minimum list of services should be defined by national regulatory authorities , taking into account the types of services used by the majority of end - users in that member state and relevant guidance from berec . the minimum list should consist of , at least , video calls available in standard quality . this minimum list should be reviewed periodically by national regulatory authorities and guidance provided by berec shall be updated on a regular basis .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guides for end - users with disabilities and data supporting and enabling end - users access to connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks and services use them to receive radio and audiovisual media services . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . ### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria and the capabilities of national psaps . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . this may include the designation by a member state of a single psap for receiving such emergency communications . where such standards and the related psap systems have not yet been implemented , network - independent number - based interpersonal communications services should inform end - users when access to emergency services and caller location information is not available .


### member states shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory . to that end , the functional internet access service shall be capable of supporting the minimum set of services set out in annex v . ### national regulatory authorities shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end - users in their territory .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and the related accessibility services to enable appropriate access for disabled end - users , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of material changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , where the proposed changes are materially to the detriment of the end - user , unless the proposed changes are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner in a format agreed at the time of concluding the contract or by the same means as the provider ordinarily uses in its communications , which has been agreed with by the consumer .


### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service provide access to emergency services through emergency communications to the most appropriate psap . in case of an appreciable threat to effective access to emergency services the obligation for undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in article 59 . ### member states , in consultation with national regulatory authorities and emergency services and providers of electronic communications services , shall ensure that undertakings providing end - users with number - based interpersonal communications service , where that service allows end - users to originate national calls to a number in a national telephone numbering plan , provide access to emergency services through emergency communications to the most appropriate psap to the extent such access can reasonably be provided using location information that is available to number - based interpersonal communications service providers and in a manner that is consistent with member states ' emergency calling infrastructures .


### by [ entry into force + 12 months ] , berec shall issue a decision on a contract summary template , which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2 . those main elements shall include at least complete information on : ### by [ entry into force + 12 months ] , national regulatory authorities , having taken account of any relevant berec guidelines , shall prepare a contract summary template , which identifies the main elements of the information requirements in accordance with paragraphs 1 and 2 . those main elements shall include , at least , summary information on :


### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension of the contract , consumers are entitled to terminate the contract at any time with a one - month notice period and without incurring any costs except the cost of providing the service during the notice period . ### where a contract or national law provides for a fixed duration contract to be automatically prolonged , the member state shall ensure that , after the expiration of the initial period and unless the consumer has explicitly agreed to the extension of the contract , consumers are entitled to terminate the contract at any time with no more than a one - month notice period and without incurring any costs except the cost of providing the service during the notice period or any administrative costs strictly related to terminating the service .


### when a universal service obligation represents an unfair burden on an undertaking , it is appropriate to allow member states to establish mechanisms for efficiently recovering net costs . the net costs of universal service obligations should be recovered via public funds . functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole . providing a connection which supports broadband speeds to an increased number of end - users enables them to use online services and so actively to participate in the digital society . ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers . therefore member states should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds , which should be understood to comprise funding from general government budgets . ### when a universal service obligation represents an unfair burden on an undertaking , it is appropriate to allow member states to establish mechanisms for efficiently recovering net costs . the net costs of universal service obligations should be recovered via public funds , contributions from providers of electronic communications networks or services , or a mixture of both mechanisms . where member states require a contribution from providers , the member state shall determine the extent to which those providers are required to contribute to the financing mechanism . this may include electronic communications services which benefit from network connectivity , as deemed appropriate by the member state . functional internet access brings benefits not only to the electronic communications sector but also to the wider online economy and to society as a whole . providing a connection which supports broadband speeds to an increased number of end - users enables them to use online services and so actively to participate in the digital society . ensuring such connections on the basis of universal service obligations serves at least as much the public interest as it serves the interests of electronic communications providers . therefore member states should compensate the net costs of such connections supporting broadband speeds as part of the universal service from public funds , which should be understood to comprise funding from general government budgets .


### member states shall ensure that consumers have access to transparent , non - discriminatory , simple , fast , fair and inexpensive out - of - court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , arising under this directive and relating to the contractual conditions and / or performance of contracts concerning the supply of those networks and / or services . member states shall enable the national regulatory authority to act as a dispute settlement entity . such procedures shall comply with the quality requirements set out in chapter ii of directive 2013 / 11 / eu . member states may grant access to such procedures to other end - users , in particular micro and small enterprises . ### member states shall ensure that consumers have access to transparent , non - discriminatory , simple , fast , fair and inexpensive out - of - court procedures for their unresolved disputes with undertakings providing publicly available electronic communications services , arising under this directive and relating to the contractual conditions and / or performance of contracts concerning the supply of those networks and / or services . member states shall enable the national regulatory authority to act as a dispute settlement entity . such procedures shall comply with the quality requirements set out in chapter ii of directive 2013 / 11 / eu . member states may grant access to such procedures to other end - users , in particular micro and small enterprises . member states may make participation in alternative dispute resolution schemes mandatory for providers of electronic communications services other than number - independent interpersonal communications services .


### any minimum service quality levels to the extent that these are offered , and in accordance with berec guidelines to be adopted after consultation of stakeholders and in close cooperation with the commission , regarding : ### any minimum service quality levels using parameters defined in accordance with article 97 , to the extent that these are offered , regarding :


### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services other than number - independent interpersonal communications services , shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , irrespective of the amount of any payment to be made , and the following information in a clear and comprehensible manner : ### before a consumer is bound by a contract or any corresponding offer , providers of publicly available electronic communications services other than number - independent interpersonal communications services , shall provide the information required pursuant to articles 5 and 6 of directive 2011 / 83 / eu , together with the information listed in points to where not already required and to the extent that such information pertains to a service they provide and have full control over , in a clear and comprehensible manner :


### national regulatory authorities shall ensure that the information referred to in annex viii is published in a clear , comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services , or by the national regulatory authority itself . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published . ### national regulatory authorities shall ensure that the information referred to in annex viii is published in a clear , comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number - independent interpersonal communications services . national regulatory authorities may specify additional requirements regarding the form in which such information is to be published .


### where the export country is not a contracting party to the 1970 unesco convention , it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations ; ### where it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations ;


### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods . that delegation should also allow the commission to update the annex following amendments to the combined nomenclature . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 . ### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , the power to adopt acts in accordance with article 291 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods and political developments or other events which may have an effect on the preservation of cultural goods listed in annex a by updating the list of export countries . that delegation should also allow the commission to update the annexes following amendments to the combined nomenclature . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of implementing acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of implementing acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 .


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


### where the export country is not a contracting party to the 1970 unesco convention , it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations ; ### when it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations ;


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


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the import of the cultural goods referred to in points , and of the annex shall be subject to an extended description of goods to be supplied to the customs authorities of the member state of entry .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods exceeding a certain age and value threshold . for that purpose , it is appropriate to set a 500 year minimum age threshold and a €150 000 minimum value threshold for all categories of cultural goods . these thresholds will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### the importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities . ### where deemed necessary by the customs authorities of the member state of entry due to the risk of illicit trade , taking into account the type of cultural good , the export country involved , including whether those countries are signatories to the unesco convention on cultural property , and the value of the goods , the customs authorities shall have recourse to the provisions of article 188 of regulation no 952 / 2013 to verify import of the goods is in accordance with the requirements of that regulation .


### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature and to amend the minimum age threshold in the third column of the table in the annex in the light of experience gathered during the implementation of this regulation . ### the commission is empowered to adopt implementing acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature .


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


### access to the education system shall not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor . ### when granted , access to education shall not be postponed for more than three months from the date on which the application for international protection was lodged by or on behalf of the minor .


### harmonised eu rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should only provide applicants with a travel document when serious humanitarian or other imperative reasons arise . the validity of travel documents should also be limited to the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other imperative reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families . ### harmonised union rules on the documents to be issued to applicants make it more difficult for applicants to move in an unauthorised manner within the union . it needs to be clarified that member states should provide applicants with a travel document when serious humanitarian or other reasons arise . the validity of travel documents should cover at least the purpose and duration needed for the reason for which they are issued . serious humanitarian reasons could for instance be considered when an applicant needs to travel to another state for medical treatment or to visit relatives in particular cases , such as for visits to close relatives who are seriously ill , or to attend marriages or funerals of close relatives . other reasons could include situations where applicants who have been granted access to the labour market are required to perform essential travel for work purposes , where applicants are required to travel as part of study curricula or where minors are travelling with foster families .


### when assessing the resources of an applicant , when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4 , member states shall observe the principle of proportionality . member states shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health . ### when assessing the resources of an applicant , when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4 , member states may observe the principle of proportionality . member states may also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity , including the applicant ' s special reception needs . member states may in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health .


### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence , such as victims of female genital mutilation . ### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , frail elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and persons who have been subjected to torture , rape or other forms of serious violence .


### where there are reasons for considering that there is a risk that an applicant may abscond , member states shall , where necessary , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding . ### where there are reasons for considering that there is a risk that an applicant may abscond , member states may , where necessary and proportionate and on the basis of a decision of judicial authorities , require the applicant to report to the competent authorities , or to appear before them in person , either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding .


### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres . ### member states may grant applicants who are minors access to education under similar conditions as their own nationals and residents until receiving their asylum decision . such education may be provided in accommodation centres .


### unaccompanied minors shall never be detained in prison accommodation . ### unaccompanied minors should not be detained in prison accommodation where that can reasonably be avoided .


### decisions for replacement , reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given . decisions shall be based on the particular situation of the person concerned , especially with regard to applicants with special reception needs , taking into account the principle of proportionality . member states shall under all circumstances ensure access to health care in accordance with article 18 and shall ensure a dignified standard of living for all applicants . ### decisions for replacement , reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given . decisions shall be based on the particular situation of the person concerned , especially with regard to applicants with special reception needs , taking into account the principle of proportionality . member states shall under all circumstances ensure access to health care in accordance with article 18 and shall ensure an adequate standard of living for all applicants .


### member states shall take appropriate measures to prevent assault and gender - based violence , including sexual assault and harassment when providing accommodation . ### member states shall take appropriate measures to prevent assault and gender - based violence , including sexual assault and harassment towards applicants and nationals alike when providing accommodation and leisure possibilities .


### member states shall grant to minor children of applicants and to applicants who are minors access to the education system under similar conditions as their own nationals for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres . ### member states may grant minor children of applicants and applicants who are minors access to the education system under appropriate conditions for so long as an expulsion measure against them or their parents is not actually enforced . such education may be provided in accommodation centres .


### in applying this directive , member states should seek to ensure full compliance with the principles of the best interests of the child and of family unity , in accordance with the charter of fundamental rights of the european union , the 1989 united nations convention on the rights of the child and the european convention for the protection of human rights and fundamental freedoms respectively . reception conditions need to be adapted to the specific situation of minors , whether unaccompanied or within families , with due regard to their security , physical and emotional care and provided in a manner that encourages their general development . ### in applying this directive , member states should seek to ensure full compliance with the principles of the best interests of the child and of family unity , in accordance with the charter of fundamental rights of the european union , the 1989 united nations convention on the rights of the child and the european convention for the protection of human rights and fundamental freedoms respectively .


### the maximum time frame for access to the labour market should be aligned with the duration of the examination procedure on the merits . in order to increase integration prospects and self - sufficiency of applicants , earlier access to the labour market is encouraged where the application is likely to be well - founded , including when its examination has been prioritised in accordance with regulation no xxx / xxx [ procedures regulation ] . member states should therefore consider reducing that time period as much as possible with a view to ensuring that applicants have access to the labour market no later than 3 months from the date when the application was lodged in cases where the application is likely to be well - founded . member states should however not grant access to the labour market to applicants whose application for international protection is likely to be unfounded and for which an accelerated examination procedure is applied . ### in order to increase integration prospects and self - sufficiency of applicants , immediate access to the labour market should be provided .


### an applicant ' s entitlement to material reception conditions under this directive may be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to health care and a dignified standard of living for applicants in line with the charter of fundamental rights of the european union and the united nations convention on the rights of the child , in particular by providing for the applicant ' s subsistence and basic needs both in terms of physical safety and dignity and in terms of interpersonal relationships , with due regard to the inherent vulnerabilities of the person as applicant for international protection and that of his or her family or caretaker . due regard must also be given to applicants with special reception needs . the specific needs of children , in particular with regard to respect for the child ' s right to education and access to healthcare have to be taken into account . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable educational activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account , including via ensuring access , at different stages of the asylum procedure , to medical care , legal support , and to appropriate trauma counselling and psycho - social care . ### an applicant ' s entitlement to material reception conditions under this directive should be curtailed in certain circumstances such as where an applicant has absconded to another member state from the member state where he or she is required to be present . however , member states should in all circumstances ensure access to emergency health care for applicants . due regard must also be given to applicants with special reception needs . when a minor is in a member state other than the one in which he or she is required to be present , member states should provide the minor with access to suitable activities pending the transfer to the member state responsible . the specific needs of women applicants who have experienced gender - based harm should be taken into account .


### member states shall ensure that that standard of living is met in the specific situation of applicants with special reception needs as well as in relation to the situation of persons who are in detention . ### member states may ensure that that standard of living is met in the specific situation of applicants with special reception needs as well as in relation to the situation of persons who are in detention .


### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective , by not imposing conditions that effectively hinder an applicant from seeking employment . labour market tests used to give priority to nationals or to other union citizens or to third - country nationals legally resident in the member state concerned should not hinder effective access for applicants to the labour market and should be implemented without prejudice to the principle of preference for union citizens as expressed in the relevant provisions of the applicable acts of accession . ### in order to promote the self - sufficiency of applicants and to limit wide discrepancies between member states , it is essential to provide clear rules on the applicants’ access to the labour market and to ensure that such access is effective , by not imposing conditions that effectively hinder an applicant from seeking employment .


### member states shall ensure that applicants , irrespective of where they are required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] , receive the necessary health care which shall include , at least , emergency care and essential treatment of illnesses , including of serious mental disorders . ### member states shall ensure that applicants , irrespective of where they are required to be present in accordance with regulation no xxx / xxx [ dublin regulation ] , receive only emergency care and acute treatment of severe illnesses .


### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive , such as applicants who are minors , unaccompanied minors , disabled people , elderly people , pregnant women , single parents with minor children , victims of human trafficking , persons with serious illnesses , persons with mental disorders and persons who have been subjected to torture , rape or other serious forms of psychological , physical or sexual violence , such as victims of female genital mutilation . ### ‘ applicant with special reception needs’ : means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this directive .


### reception conditions continue to vary considerably between member states both in terms of how the reception system is organised and in terms of the standards provided to applicants . the persistent problems in ensuring adherence to the reception standards required for a dignified treatment of applicants in some member states has contributed to a disproportionate burden falling on a few member states with generally high reception standards which are then under pressure to reduce their standards . more equal reception standards set at an appropriate level across all member states will contribute to a more dignified treatment and fairer distribution of applicants across the eu . ### reception conditions continue to vary considerably between member states both in terms of how the reception system is organised and in terms of the standards provided to applicants . the variance in the reception standards among member states has contributed to a disproportionate burden falling on a few member states with generally high reception standards . more equal reception standards set at an appropriate and economically realistic level across all member states will contribute to a fairer distribution of applicants across the union thus contributing to the faster processing of applications .


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service , and should not jeopardise financing of the already existing relevant programmes in the area of solidarity . it should also complement the efforts made by member states in the solidarity - related areas by providing them with additional opportunities to , for example , make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity between existing related schemes , in particular national solidarity schemes , civil society organizations active in the area of solidarity and relevant mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee .


### the european solidarity corps would provide a single entry point for solidarity activities throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service . it should also complement the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee19 by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , should also be ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . __________________ 19 council recommendation of 22 april 2013 on establishing a youth guarantee . ### the european solidarity corps would provide a main entry point for solidarity activities undertaken by young people throughout the union . consistency and complementarity of that framework should be ensured with other relevant union policies and programmes . the european solidarity corps should build on the strengths and synergies of existing programmes , notably the european voluntary service , and should not jeopardise financing of the already existing relevant programmes in the area of solidarity . it should also complement the efforts made by member states to support young people in accessing volunteering opportunities and those developed to ease their school - to - work transition by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , the european youth forum , the european volunteer centre and other relevant civil society organisations including the social partners , should also be ensured . partnerships with european networks which are specialised in certain urgent social problems which are insufficiently tackled by member states such as extreme poverty , homelessness , destitution among roma communities , exclusion of asylum seekers , should be established . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate .


### young people’s spirit of initiative is an important asset for society and for the labour market . the european solidarity corps should contribute to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges to the benefit of their local communities . those projects should be an opportunity to try out ideas and support young people to be themselves drivers of solidarity actions . they could also serve as a springboard for further engagement in solidarity activities and could be a first step towards encouraging european solidarity corps participants to engage in self - employment or setting up associations , ngos or other bodies active in the solidarity , non - profit and youth sectors . ### young people’s spirit of initiative is an important asset for society and for the labour market . the european solidarity corps should contribute to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges to the benefit of the local communities . those projects should be an opportunity to develop innovative solutions in a sustainable way and support young people to be themselves drivers of solidarity actions . they could also serve as a springboard for further engagement in various forms of solidarity activities and could be a first step towards encouraging european solidarity corps participants to engage in entrepreneurship and social entrepreneurship or setting up associations , ngos or other bodies active in the solidarity , non - profit and youth sectors , and become increasingly involved in associative activities . necessary support should be given to young people and youth and student organizations , for achieving effective development for the initiatives . post - placement support could include support and advice to participants interested in setting - up and piloting associations , cooperatives , social enterprises , youth organisations and community - centres . such support could include a feasibility study , choice of the legal form , business plan development , financial and fiscal advice , risk assessment , advice on communications , promotion and marketing activities .


### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation . ### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence in order to ensure their safety and preservation .


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


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


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit , where deemed necessary by the competent authority based upon the risk of illicit trade , type of cultural good , value and source and export countries . persons seeking to obtain such a licence should submit appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay and within the timescales specified . persons submitting an application should not be charged a fee in relation to their application .


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


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### for the purposes of implementing this regulation , member states shall ensure co - operation between their competent authorities referred to in article 3 . ### for the purposes of implementing this regulation , member states shall ensure co - operation between their competent authorities referred to in article 4 .


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex i and meets the minimum age and value threshold specified therein ;


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the import of the cultural goods referred to in points , , , , , , , and of annex i shall be subject to an extended description of goods to be supplied to the customs authorities of the member state of entry .


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


### actions which are not ethically acceptable may be rejected or terminated at any time . ### actions which are not ethically acceptable shall be rejected or terminated at any time .


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


### following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence fund should be established . the fund should aim at enhancing the competitiveness , innovation , efficiency and autonomy of the union ' s defence industry thereby contributing to the union ' s strategic autonomy by supporting the cross border cooperation between member states and between enterprises , research centres , national administrations , international organisations and universities , in the research phase and in the development phase of defence products and technologies . to achieve more innovative solutions and an open internal market , the fund should support the cross - border participation of defence small and medium sized enterprises and middle capitalisation companies . ### following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence fund should be established . the fund should aim at enhancing the competitiveness , innovation , efficiency and autonomy of the union ' s defence industry thereby contributing to the union ' s strategic autonomy by supporting the cross border cooperation between member states and between enterprises , research centres , national administrations , international organisations and universities , in the research phase and in the development phase of defence products and technologies . this should also improve the efficiency of the single market in the defence sector which would ultimately mean better value for money for the member states . to achieve more innovative and interoperable solutions and an open internal market , the fund should support the cross - border participation of defence small and medium sized enterprises and middle capitalisation companies .


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


### “6 . member states may , by 1 august 2016 , review their decision pursuant to paragraphs 1 to 4 and decide , with effect from 2017 : to leave unchanged , increase or decrease the percentage fixed pursuant to paragraphs 1 , 2 and 3 , within the limits laid down therein where applicable , or to leave unchanged or decrease the percentage fixed pursuant to paragraph 4 ; to modify the conditions for granting the support ; to cease granting the support under this chapter . ” ### 6 d . in article 53 , paragraph 6 is replaced by the following : “6 . member states may , by 1 august of any given year , review their decision taken pursuant to this chapter and decide , with effect from the following year : to leave unchanged , increase or decrease the percentage fixed pursuant to paragraphs 1 , 2 and 3 , within the limits laid down therein where applicable , or to leave unchanged or decrease the percentage fixed pursuant to paragraph 4 ; to modify the conditions for granting the support ; to cease granting the support under this chapter . member states shall notify the commission of any such decision by the date referred to in the first subparagraph . ”


### member states shall define upper and lower thresholds per beneficiary for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . support shall be limited to holdings coming under the definition of micro and small enterprises . ### member states shall define upper and lower thresholds for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . support shall be limited to holdings coming under the definition of micro and small enterprises .


### following consultation with the operator , member states may exclude from the community scheme installations which have reported to the competent authority emissions of less than 25 000 tonnes of carbon dioxide equivalent and , where they carry out combustion activities , have a rated thermal input below 35 mw , excluding emissions from biomass , in each of the three years preceding the notification under point , and which are subject to measures that will achieve an equivalent contribution to emission reductions , if the member state concerned complies with the following conditions : it notifies the commission of each such installation , specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place , before the list of installations pursuant to article 11 has to be submitted and at the latest when this list is submitted to the commission ; it confirms that monitoring arrangements are in place to assess whether any installation emits 25 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year . member states may allow simplified monitoring , reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year , in accordance with article 14 ; it confirms that if any installation emits 25 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place , the installation will be reintroduced into the community scheme ; it publishes the information referred to in points , and for public comment . hospitals may also be excluded if they undertake equivalent measures . ### in article 27 paragraph 1 is replaced by the following : ' following consultation with the operator , member states may exclude from the community scheme installations which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent , excluding emissions from biomass , in each of the three years preceding the notification under point , and which are subject to measures that will achieve an equivalent contribution to emission reductions , if the member state concerned complies with the following conditions : it notifies the commission of each such installation , specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place , before the list of installations pursuant to article 11 has to be submitted and at the latest when this list is submitted to the commission ; it confirms that monitoring arrangements are in place to assess whether any installation emits 50 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year ; it confirms that if any installation emits 50 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place , the installation will be reintroduced into the community scheme ; it publishes the information referred to in points , and for public comment . hospitals may also be excluded if they undertake equivalent measures . '


### ' member states should adopt financial measures in favour of sectors or sub - sectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices , taking into account any effects on the internal market . such financial measures to compensate part of these costs shall be in accordance with state aid rules . ' ### ' member states may adopt financial measures in favour of sectors or sub - sectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices , taking into account any effects on the internal market . such financial measures to compensate part of these costs shall be in accordance with state aid rules . '


### the current disclosure requirements set out by union legislation do not provide that all the information necessary to properly inform end - investors about the sustainability - related impact of their investments must be disclosed . therefore , it is appropriate to set out more specific disclosure requirements with regard to sustainable investments . for instance , the overall sustainability - related impact of financial products should be reported regularly by means of indicators relevant for the chosen sustainable investment target . where an appropriate index has been designated as reference benchmark that information should also be provided for the designated index and to a broad market index to allow for comparison . information on the constituents of the designated index and of the broad market index along with their weightings should also be disclosed , to provide further information on how the sustainable investments targets are achieved . where eusef managers make available information on the positive social impact targeted by a given fund , the overall social outcome achieved and the related methods used in accordance with regulation no 346 / 2013 , they may , where appropriate , use this information for the purposes of the disclosures under this regulation . ### there are many disclosure requirements already set out by union legislation . these need to include the information necessary to properly inform end - investors about the sustainability - related impact of their investments . therefore , it is appropriate to set out more specific disclosure requirements , to enable comparability , with regard to these sustainable investments .


### bodies concerned with the cultural and historical aspects of weapons and recognised as such by the member state in whose territory they are established and holding in their possession firearms classified in category a acquired before the date of entry into force of this directive should be able to keep those firearms in their possession subject to authorisation by the member state concerned and provided that those firearms have been deactivated . ### it should be possible for member states to choose to authorise persons dedicated to the gathering , study and conservation of firearms and associated artefacts for historical , cultural , scientific , technical , educational , aesthetic or heritage purposes and recognised as such by the member state in whose territory they are established to keep in their possession firearms classified in category a , provided that those persons demonstrate , prior to being granted authorisation , that they have taken the necessary measures to address any risks to public security or safety , including by way of secure storage . any such authorisation should take into account and reflect the specific situation , including the nature of the collection and its purposes .


### without prejudice to article 3 , member states shall authorise the acquisition and possession of firearms only by persons who have good cause and who : ### without prejudice to article 3 , member states shall permit the acquisition and possession of firearms only by persons who have good cause and who :