### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the export country in accordance with its laws and regulations .


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


### the 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 the submission of an electronic importer statement to the customs authorities of the first member state of entry . the previous paragraph does not apply to cultural goods that originate in conflict - affected or high - risk countries . such cultural goods require the presentation of an import licence issued by the competent authority of the first member state of entry in accordance with the provisions set out in article 4 .


### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 . ### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 , where such a licence is required , or of an extended description made out in accordance with article 5 .


### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the goods shall submit a notification to the competent authority of the member state of entry 10 days prior the intended date of release or placing under a special procedure . the notification shall contain :


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


### 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 ;


### 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 importer statements and import licences .


### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of a statement , certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using a standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . customs should register the entry of those cultural goods , keep the originals and give a copy of the relevant documents to the declarant , in order to ensure traceability after the goods enter the internal market . ### for other categories of cultural goods , the persons seeking to introduce them in to the customs territory of the union should supplement the information given to customs authorities with additional details on the source country of the goods in question . this information should enable customs authorities to take further action where , based upon a risk analysis , they believe those goods maybe the subject of illicit import .


### 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 meeting a certain age and value limits . for that purpose , it seems appropriate to set a 500 year minimum age and 10 , 000 minimum value thresholds , for all categories of cultural goods . those minimum age and value 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 , ensuring a balance between protection of cultural heritage and tackling terrorist financing .


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


### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of a statement , certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using a standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . customs should register the entry of those cultural goods , keep the originals and give a copy of the relevant documents to the declarant , in order to ensure traceability after the goods enter the internal market . ### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should supplement the information given to customs authorities with additional details on the source country of the goods in question . this information should enable customs authorities to take further action where , based upon a risk analysis , they believe those goods may be the subject of illicit import .


### 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 . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay .


### 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 .


### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry . ### in view of different rules applying in the member states regarding the import of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that certain imports of cultural goods are subject to uniform controls upon their entry into the customs territory of the union , especially on the basis of existing processes , procedures and administrative tools aiming to achieve a uniformed implementation of the regulation no 952 / 2013 of the european parliament and of the council1a . 1a regulation no 952 / 2013 of the european parliament and of the council of 9 october 2013 laying down the union customs code .


### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 . ### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 .


### 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 .


### 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 .


### sufficient time should be provided for the commission to adopt rules implementing this regulation , in particular those regarding the appropriate forms to use to apply for an import licence or to prepare an importer statement . consequently , the application of this regulation should be deferred . ### sufficient time should be provided for the commission to adopt rules implementing this regulation , in particular those regarding the appropriate forms to use to apply for an import licence . consequently , the application of this regulation should be deferred .


### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 . ### the import of cultural goods into the customs territory of the union shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 .


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


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


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


### 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 .


### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles . ### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles .


### x is 15% in the years 2025 to 2029 and 30% in 2030 onwards . ### x is 20% in 2030 onwards .


### this regulation aims to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative as a tool to foster debate and citizen participation at union level , and to bring the union closer to its citizens . ### this regulation should make the european citizens’ initiative more accessible , more transparent , more effective , more democratic , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative as a tool to foster debate and citizen participation at union level , and to bring the union closer to its citizens .


### in this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services , thus restricting the rights of customers and preventing them from benefitting from a wider choice and optimal conditions . such discriminatory practices are an important factor contributing to the relatively low level of cross - border commercial transactions within the union , including in the sector of electronic commerce , which prevents the full growth potential of the internal market from being realised . clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market . ### in this manner certain traders artificially segment the internal market along internal frontiers , regional market and cultural specificities . such practices are an important factor when considering a modernization to the cross - border mechanisms of increased commercial transactions within the union , including in the sector of electronic commerce . clarifying , in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross - border transactions and should ensure that rules on non - discrimination can be effectively applied and enforced across the internal market .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### in order to realise the objective of ensuring good functioning of the internal market , as an area where most barriers to trade have been removed and in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only administrative red - tape . such abolition can be undermined by private parties putting in place illegal obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state in exceptional situations unjustly block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas the principle of geo - blocking is there to protect regional markets , culture and traditions , it is also a fundamental cornerstone of the copyright - system , keeping in mind the specificities of market - dynamics throughout the member states of the european union .


### this regulation seeks to contribute to the proper functioning of the internal market by preventing discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers . ### the purpose of this regulation is to contribute to the proper functioning of the internal market by preventing unjustified discrimination based , directly or indirectly , on the nationality , place of residence or place of establishment of customers and by defining situations where different treatment cannot be justified under article 20 of directive 2006 / 123 / ec . .


### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . however , in that regard regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discriminations covering all discriminatory practices that the present regulation seeks to address . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , and in order to ensure consistency with the scope of application of directive 2006 / 123 / ec , services in the field of transport should remain outside the scope of this regulation . _________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations . ### discrimination can also occur in relation to services in the field of transport , in particular with respect to the sales of tickets for the transport of passengers . however , in that regard regulation no 1008 / 2008 of the european parliament and of the council18 , regulation no 1177 / 2010 of the european parliament and of the council19 and regulation no 181 / 2011 of the european parliament and of the council20 already contain broad prohibitions of discriminations . furthermore , it is intended that regulation no 1371 / 2007 of the european parliament and of the council21 will be amended to that effect in near future . therefore , and in order to ensure consistency with the scope of application of directive 2006 / 123 / ec , services in the field of transport should remain outside the scope of this regulation . _________________ 18 regulation no 1008 / 2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community . 19 regulation no 1177 / 2010 of the european parliament and of the council of 24 november 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending regulation no 2006 / 2004 . 20 regulation no 181 / 2011 of the european parliament and of the council of 16 february 2011 on the rights of passengers in bus and coach transport and amending regulation no 2006 / 2004 . 21 regulation no 1371 / 2007 of the european parliament and of the council of 23 october 2007 on rail passengers’ rights and obligations .


### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market . ### pursuant to article 20 of directive 2006 / 123 / ec of the european parliament and of the council17 , member states are to ensure that service providers established in the union do not treat recipients of services differently on the basis of their nationality or place of residence . however , that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty , particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice . moreover , specific cases of unjust geo - blocking and other forms of discrimination based on nationality , place of residence or place of establishment may arise as a consequence of actions by traders established in third countries , which fall outside the scope of that directive . _________________ 17 directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary .


### by [ date : two years after the entry into force of this regulation ] and every five years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments . ### by [ date : three years after the entry into force of this regulation ] and every five years thereafter , the commission shall report on the evaluation of this regulation to the european parliament , the council and the european economic and social committee . that report shall , where necessary , be accompanied by a proposal for an amendment of this regulation , in light of legal , technical and economic developments .


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


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


### the daily proportion of television advertising spots and teleshopping spots within the period between 7 : 00 and 23 : 00 shall not exceed 20 % . ### the proportion of television advertising spots and teleshopping spots within a given clock hour between 7 : 00 and 23 : 00 shall not exceed 20 % .


### the commission and erga shall encourage the exchange of best practices on self - and co - regulatory systems across the union . if considered appropriate , the commission shall facilitate the development of union codes of conduct ; ### the commission and erga shall encourage the exchange of best practices on self - and co - regulatory systems across the union . where appropriate , and in accordance with the principles of subsidiarity and proportionality , the commission shall consider facilitating the development of union codes of conduct ;


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


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


### member states shall establish the necessary mechanisms to assess the appropriateness of the measures referred to in paragraphs 2 and 3 taken by video - sharing platform providers . member states shall entrust this task to the authorities designated in accordance with article 30 . ### member states shall establish the necessary mechanisms to report on the delivery and effectiveness of the measures taken in accordance with paragraphs 2 and 2a . member states shall entrust this task to the authorities designated in accordance with article 30 .


### the market for tv broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers . ### the market for tv broadcasting has evolved and there is a need for greater clarity with regard to audiovisual commercial communications , in particular for product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars . ### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a reasonable expectation of a significant children ' s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars .


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


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


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the provision of audiovisual media services . the rspg recommends that member states should have the flexibility to use the sub - 700 mhz frequency band for wireless broadband electronic communications services .


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### by 30 june 2018 , member states shall adopt and make public their national plan and schedule , including detailed steps for fulfilling their obligations under articles 1 and 4 of this decision .


### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of audiovisual media services distribution . _________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm . ### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of broadcasting services distribution . _________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm .


### in the multiannual radio spectrum policy programme established by decision no 243 / 2012 / eu20 , the european parliament and the council set the objectives of identifying at least 1 200 mhz of spectrum suitable for wireless broadband electronic communications services in the union by 2015 , of supporting the further development of innovative audiovisual media services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services , if the need is clearly substantiated , and of ensuring sufficient spectrum for programme making and special events . _________________ 20 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . ### in the multiannual radio spectrum policy programme established by decision no 243 / 2012 / eu20 , the european parliament and the council set the objectives of identifying at least 1 200 mhz of spectrum suitable for wireless broadband electronic communications services in the union by 2015 , of supporting the further development of innovative broadcasting services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services , if the need is clearly substantiated , and of ensuring sufficient spectrum for programme making and special events . _________________ 20 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme .


### in line with articles 9 and 9a of directive 2002 / 21 / ec , member states should apply a flexible approach where possible and may allow the introduction of alternative downlink - only uses such as terrestrial wireless broadband electronic communications services in the sub - 700 mhz frequency band in accordance with national needs for distribution of audiovisual media services to a mass audience . when allowing use within the sub - 700 mhz frequency band for downlink - only terrestrial wireless broadband electronic communications services , member states should ensure that such use does not affect the use of sub - 700 mhz band for digital terrestrial broadcasting in neighbouring member states , as provided for in the agreement at the regional radiocommunication conference of 200625 . __________________ 25 regional radiocommunication conference of 2006 for planning of the digital terrestrial broadcasting service in parts of regions 1 and 3 , in the frequency bands 174 - 230 mhz and 470 - 862 mhz in geneva . ### in line with articles 9 and 9a of directive 2002 / 21 / ec , member states should apply a flexible approach where possible and may allow the introduction of alternative uses such as terrestrial wireless broadband electronic communications services in the sub - 700 mhz frequency band in accordance with national needs for distribution of broadcasting services to a mass audience . when allowing use within the sub - 700 mhz frequency band for terrestrial wireless broadband electronic communications services , member states should ensure that such use does not cause harmful interference to digital terrestrial broadcasting in neighbouring member states , as provided for in the agreement at the regional radiocommunication conference of 200625 . __________________ 25 regional radiocommunication conference of 2006 for planning of the digital terrestrial broadcasting service in parts of regions 1 and 3 , in the frequency bands 174 - 230 mhz and 470 - 862 mhz in geneva .


### for the following vehicles and machinery , the manufacturer may apply for type - approval or individual vehicle approval under this regulation , provided that those vehicles fulfil the substantive requirements of this regulation : ### for the following vehicles and machinery , the manufacturer may apply for type - approval or individual vehicle approval under this regulation , provided that those vehicles fulfil the requirements of this regulation :


### within two months after finalising this assessment of the technical service , the member states shall report to the commission and to the other member states on those monitoring activities . the reports shall contain a summary of the assessment which shall be made publicly available . ### the outcome of the assessment shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 .


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


### category b : supervision of the tests referred to in this regulation and in the acts listed in annex iv , where those tests are performed in the manufacturer’s facilities or in the facilities of a third party ; ### category b : supervision of the tests , including test preparation , referred to in this regulation and in the acts listed in annex iv , where those tests are performed in the manufacturer’s facilities or in the facilities of a third party ; test preparation and supervision shall be carried out by a supervisor from the technical service ;


### the member states shall draw up the annual plan for the peer - review , ensuring an appropriate rotation in respect of reviewing and reviewed type - approval authorities , and submit it to the commission . ### the forum established in article 10 shall draw up a work programme for the peer - review , ensuring an appropriate rotation in respect of reviewing and reviewed type - approval authorities . the work programme shall take into account the review of type - approval authorities carried out by member states provided for in article 6 , and shall ensure that type - approval authorities are subject to a peer - review at least once every six years . .


### the manufacturer shall provide the approval authority with the vehicles , systems , components or separate technical units that are required under the relevant acts listed in annex iv for the performance of the required tests . ### the manufacturer shall provide the technical services with the vehicles , systems , components or separate technical units that are required under the relevant regulatory acts listed in annex iv for the performance of the required tests .


### member states shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the articles of this regulation , in particular articles 11 to 19 and 72 to 76 , 84 and 85 and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the articles of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive .


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public which shall include in particular the number of vehicles , systems , components or separate technical units subject to testing or other assessment . the summary shall include a list of those vehicles , systems , components or separate technical units that are found not to be in compliance with the requirements of this regulation , if any , the identity of the corresponding manufacturers , and a short description of the nature of the non - compliance .


### type - approvals for vehicles , systems , components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation . the expiry date shall be indicated in the type - approval certificate . after the expiry of the type - approval certificate , it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle , system , component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles , systems , components and separate technical units of that type . ### type - approvals for vehicle shall be issued for a limited period of eight years . the expiry date shall be indicated in the eu type - approval certificate . before the expiry of the type - approval certificate , it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle , system , component and separate technical unit complies with all the requirements of the relevant regulatory acts for vehicles of that approved type . where the approved type has not changed , such verification shall not require the repetition of any tests carried out under article 28 . in order to allow the approval authority to fulfil its tasks , the manufacturer shall submit his application at the earliest 12 months and at the latest 6 months before the expiry date of the eu type - approval certificate .


### member states may decide to exempt a particular vehicle , whether unique or not , from compliance with one or more of the provisions of this regulation or with the substantive requirements laid down in the regulatory acts listed in annex iv , provided that those member states impose relevant alternative requirements . ### member states may decide to exempt a particular vehicle , whether unique or not , from compliance with one or more of the provisions of this regulation or with the requirements laid down in the regulatory acts listed in annex iv , provided that those member states impose relevant alternative requirements .


### member states shall take the necessary measures to ensure that market surveillance authorities may , where they consider it necessary and justified , be entitled to enter the premises of economic operators and seize the necessary samples of vehicles , systems , components and separate technical units for the purposes of compliance testing . ### member states shall take the necessary measures to ensure that market surveillance authorities may , where they consider it necessary and justified , be entitled to enter the premises of economic operators on their territory and take the necessary samples of vehicles , systems , components and separate technical units for the purposes of compliance testing .


### the type - approval authority shall be peer - reviewed by two type - approval authorities of other member states every two years . ### the designating authority shall be peer - reviewed by two designating authorities of other member states .


### a technical service shall be established under the national law of a member state and have legal personality , except for an accredited in - house technical service of a manufacturer , as referred to in article 76 . ### a technical service shall be established under the national law of a member state and have legal personality , except for a technical service belonging to a type - approval authority and for an accredited in - house technical service of a manufacturer , as referred to in article 76 .


### the distributor who considers that a vehicle , system , component or separate technical unit that he has made available on the market is not in conformity with this regulation , shall inform the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle , system , component or separate technical unit into conformity , to withdraw it from the market or to recall it , as appropriate , are taken in accordance with article 12 or article 15 . ### where a vehicle , system , component or separate technical unit that the distributor has made available on the market is not in conformity with this regulation , the distributor shall inform the manufacturer and the importer .


### where vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , or are not in conformity with this regulation or were approved on the basis of incorrect data , the approval authorities , market surveillance authorities or the commission may take the necessary restrictive measures in accordance with article 21 of regulation no 765 / 2008 , to prohibit or restrict the making available on the market , registration or entry into service on the market of non - compliant vehicles , systems , components or separate technical units , or to withdraw them from that market or to recall them , including the withdrawal of the type - approval by the approval authority that granted the eu type - approval , until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles , systems , components or separate technical units are brought into conformity . ### where vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , or are not in conformity with this regulation or were approved on the basis of incorrect data , the approval authorities or market surveillance authorities shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle , system , component or separate technical unit into compliance with those requirements , or take restrictive measures , either to withdraw the vehicle , system , component or separate technical unit from the market , or to recall it within a reasonable period , depending on the nature of the risk . article 21 of regulation no 765 / 2008 shall apply to the restrictive measures referred to in the first subparagraph .


### the administrative fines imposed by the commission shall not be in addition to the penalties imposed by the member states in accordance with article 89 for the same infringement and shall not exceed eur 30 000 per non - compliant vehicle , system , component or separate technical unit . ### the administrative fines imposed by the implementing acts referred to in paragraph 1 shall not be in addition to the penalties imposed by the member states in accordance with article 89 for the same infringement and shall not exceed eur 30 000 per non - compliant vehicle , system , component or separate technical unit . in addition , those implementing acts shall not be adopted prior to the conclusion of any actions pursued under administrative procedures implemented by member states and communicated to the commission in accordance with article 89 .


### in order to verify that a vehicle , system , component or separate technical unit conforms to the approved type , the approval authority that has granted the eu type - approval shall carry out checks or tests required for eu type - approval , on samples taken at the premises of the manufacturer , including production facilities . ### in order to verify that a vehicle , system , component or separate technical unit conforms to the approved type , the approval authority that has granted the eu type - approval shall carry out checks or tests required for eu type - approval , on samples taken at the premises of the manufacturer , including production facilities . the checks shall be carried out at least once a year , at random intervals determined by the approval authority . the first product checks shall be carried out within a year after the date of issue of the certificates of conformity .


### the information folder shall be supplied in an electronic format to be provided by the commission but may also be supplied on paper . ### the information folder shall be supplied in an electronic format .


### where the market surveillance authorities of one member state decide to withdraw a vehicle , system , component and separate technical unit from the market in accordance with article 49 , they shall inform the economic operator concerned and where applicable the relevant approval authority . ### where the market surveillance authorities of one member state decide to withdraw a vehicle , system , component and separate technical unit from the market in accordance with article 49 , they shall inform the economic operator concerned and the relevant approval authority .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states may provide that authors and performers , where such rights are not managed by a collective management organisation or subject to a collective bargaining agreement and where existing provisions for modification or annulment of contracts for the exploitation of rights do not already exist , are entitled to request additional , appropriate and equitable remuneration from the party with whom they entered directly into a contract for the exploitation of the rights . this shall only apply in cases where the author or performer demonstrates that the remuneration originally agreed is manifestly and disproportionately low compared to the subsequent relevant net revenues and benefits directly derived from the exploitation of the particular author or performer ' s works or performances . member states may provide that this right expires if it is not exercised within a reasonable period from the relevant exploitation .


### collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### in specific reference to musical works and other musical subject matter , collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users and rightholders is essential to ensure the effective functioning of appropriate technologies , such as content recognition technologies , in order to address the significant value gap affecting the music industry . in such cases , rightholders of musical works and other musical subject matter should provide the necessary data to allow the services to identify their content and the services should be transparent towards those rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide those rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of the content of those rightholders . those technologies should also allow those rightholders to get information from the information society service providers on the use of their content covered by an agreement .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers are in a weaker negotiating contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of information by their contractual counterparts and subsequent transferees or licensees , as well as by their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . the reporting obligation should be transferred with the rights and therefore follow the work across all forms of exploitation , irrespective of who exploits it and in which territory .


### the rights referred to in paragraph 1 shall expire 20 years after the publication of the press publication . this term shall be calculated from the first day of january of the year following the date of publication . ### the rights referred to in paragraph 1 shall expire 3 years after the publication of the press publication . this term shall be calculated from the first day of january of the year following the date of publication .


### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . ### member states may facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability and affordability of the technologies , and their effectiveness in respect of the range of types of content and in light of technological developments .


### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should : a ) take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available ; b ) provide that educational establishments are aware of the existence of such licensing schemes ; c ) create a dedicated technical tool providing information on which protected works or other subject matters are available through licences .


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should undertake appropriate consultation with all relevant stakeholders , since this will help determine sector - specific requirements . where collective bargaining is not already established practice , it should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations , as those are already subject to transparency obligations under directive 2014 / 26 / eu , or where agreements concluded with individual authors or performers are based on or subject to collective bargaining agreements .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure effective and transparent functioning of agreements concluded with rightholders for the use of their works or to prevent the availability on their services of works . in respect of musical works and other musical subject matter , these measures may include , through cooperation between those rightsholders and the service providers , preventing the availability of musical works and other musical subject matter on the service through tools , such as content recognition technologies . such measures shall be appropriate , proportionate and evidence - based in order to avoid forming barriers to entry for emerging information society service providers . the service providers should provide rightholders with adequate and timely information on the functioning and the deployment of the measures , as well as reporting , which shall include data relating to those works held , matched , and used . alongside such measures , member states shall continue to encourage industry - led solutions to address sector - specific issues and the effective enforcement of existing measures to tackle piracy , including raising awareness of more legal routes to copyright protected content .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive , permitting cultural heritage institutions , research organisations and educational establishments to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation , as well as internal organisational reproductions for purposes related to the implementation of their public interest missions .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception and should complement , rather than replace existing text and data mining exceptions in member states . research organisations should also benefit from the exception when they engage into public - private partnerships .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive for reproductions and extractions in order to carry out text and data mining of works or other subject - matter to which they have lawful access .


### member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### member states shall encourage rightholders , research organisations , and other interested parties to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their direct contractual counterparts or their successors in title is necessary for the transparency and balance in the system that governs the remuneration of authors and performers .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation and promotion of their works , including scientific works , and performances from those to whom they have licensed or transferred their rights , as well as subsequent transferees or licensees , &#160 ; and their successors in title , notably as regards modes of exploitation , revenues generated and remuneration due .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions , research organisations and educational establishments to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . these entities should be also allowed to make internal organisational reproductions for varying purposes including insurance , rights clearance , and loans . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for such reproduction . the reproduction activities may be carried out in partnership with other institutions and third parties , including those located in other member states .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , and authors and performers may not always be able to renegotiate them with their contractual counterparts or their successors in title . therefore , where existing provisions for modification or annulment of contracts for the exploitation of rights do not already exist , member states should be able to provide for a remuneration adjustment mechanism for appropriate cases of better than expected success where the remuneration originally agreed under a licence or a transfer of rights has become manifestly disproportionate to the relevant net revenues and the benefits derived from the exploitation of the work or the fixation of the performance , taking into account the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . it should also consider the significance and nature of the contribution of the author or performer to the overall work or performance and where there are ongoing payment obligations that allow earnings to grow with success , for example , mechanisms such as royalties or profit share . in addition , any remuneration adjustment mechanism need not apply to agreements concluded with individual authors or performers based on or subject to collective bargaining agreements . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . ### member states may provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure .


### member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### member states shall encourage rightholders and research organisations to work together to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 .


### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity . ### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments , research organisations and cultural heritage institutions , recognised as such by the member state in which they are established , to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , research organisations and cultural heritage institutions , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in a learning space , including where it is located outside the premises of the entity , and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers , or any representatives appointed by them , are entitled to claim additional , appropriate and equitable remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent net revenues and benefits directly derived from the exploitation of the particular author or performer ' s works or performances .


### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . ### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . authors and performers or any representatives appointed by them may bring a claim to the alternative dispute resolution procedure .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have directly licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due .


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should undertake appropriate consultation with all relevant stakeholders , since this will help determine sector - specific requirements . where collective bargaining is not already established practice , it should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations , as those are already subject to transparency obligations under directive 2014 / 26 / eu , or where agreements concluded with individual authors or performers are based on or subject to collective bargaining agreements .