### member states shall ensure that the pnr data are deleted upon expiry of the period specified in paragraph 2 . this obligation shall be without prejudice to cases where specific pnr data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state . ### member states shall ensure that the pnr data are permanently deleted upon expiry of the period specified in paragraph 2 . this obligation shall be without prejudice to cases where specific pnr data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state .


### on a case - by - case basis , upon request from a passenger information unit in accordance with national law , air carriers shall transfer pnr data where access earlier than that mentioned in point of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime . ### on a case - by - case basis , upon request from a passenger information unit in accordance with national law , air carriers shall transfer pnr data where access earlier than that mentioned in point of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious transnational crime .


### pnr data enable law enforcement authorities to identify persons who were previously ' unknown ' , i . e . persons previously unsuspected of involvement in serious crime and terrorism , but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities . by using pnr data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data . however , in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible , the aspects of the use of pnr data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature , i . e . are intrinsically linked to travelling and hence the type of the data being processed . ### pnr data enable law enforcement authorities to identify persons who were previously ‘ unknown’ , i . e . persons previously unsuspected of involvement in serious transnational crime and terrorism , but whom an analysis of the data suggests may well be involved in such crime and who should therefore be subject to further examination by the competent authorities . pnr data could also provide a useful means of addressing the threat of serious transnational crime and terrorism from a different perspective than through the processing of other categories of personal data . however , in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible , the aspects of the use of pnr data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature , i . e . are intrinsically linked to travelling and hence the type of the data being processed .


### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . ### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities in accordance with the provisions of article 4 .


### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 . ### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation and should not undermine the protection of privacy and personal data . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 .


### on the basis of information provided by the member states , the commission shall : review the feasibility and necessity of including internal flights in the scope of this directive , in the light of the experience gained by those member states that collect pnr data with regard to internal flights . the commission shall submit a report to the european parliament and the council within two years after the date mentioned in article 15 ; undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### on the basis of information provided by the member states , the commission shall undertake a review of the operation of this directive and submit a report to the european parliament and the council within two years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to compliance with the standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which , do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive . ### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which do not transmit the data required under this directive , to the extent that they are already collected by them , or do not do so in the required format , or do not handle and process the data in accordance with the data protection rules laid down in this directive and in directive 95 / 46 / ec , or otherwise infringe the national provisions adopted pursuant to this directive .


### the result of matching referred to in article 4 and shall be kept by the passenger information unit only as long as necessary to inform the competent authorities of a positive match . where the result of an automated matching operation has , further to individual review by non - automated means , proven to be negative , it shall , however , be stored so as to avoid future ‘ false’ positive matches for a maximum period of three years unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of the five years , in which case the log shall be kept until the underlying data are deleted . ### the result of matching referred to in article 4 shall be kept by the passenger information unit only as long as strictly necessary to inform the competent authorities without delay of a positive match . where the result of an automated matching operation has , further to individual review by non - automated means , proven to be negative , it shall , however , be stored so as to avoid future ‘ false’ positive matches for a maximum period of one year unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of two years , in which case the log shall be kept until the underlying data are deleted .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious transnational crime , as well as guaranteeing the protection of the fundamental rights of citizens , notably privacy and the protection of personal data . in particular , such lists should not contain any personal data , and in particular any data that could reveal racial , ethnic or social origin , genetic features , language , religion or personal beliefs , political or any other opinions , membership of a national minority , property , birth , disability , sexual orientation , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain only the details referred to in this directive .


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious transnational crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members shall be persons of proven integrity and competence and may be seconded from competent public authorities . an independent data protection officer shall be appointed from among the staff of the passenger information unit and given responsibility for overseeing the work of the unit and in particular for checking that transfers of data to the competent authorities are performed in full compliance with the limits laid down in this directive and in framework decision 2008 / 977 / jha and for reporting any infringements to the national supervisory authority .


### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with framework decision 2008 / 977 / jha . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country . ### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis , and only in full compliance with the provisions laid down by member states pursuant to framework decision 2008 / 977 / jha . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country , in particular the right to access , correct , erase or block their personal data and to seek legal redress .


### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt . ### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . the air carriers shall transfer to the passenger information unit only the pnr data listed in the annex . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately and permanently upon receipt .


### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . ### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities .


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members shall be individuals of proven integrity and competence and may be seconded from competent public authorities .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall firstly determine whether the pnr scheme is really a necessary measure and secondly , cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken by reason of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken on grounds of a person ' s gender , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , property , birth , disability , age , health or sexual orientation .


### the period during which pnr data are to be retained should be proportionate to the purposes of the prevention , detection , investigation and prosecution of terrorist offences and serious crime . because of the nature of the data and their uses , it is necessary that the pnr data are retained for a sufficiently long period for carrying out analysis and for use in investigations . in order to avoid disproportionate use , it is necessary that , after an initial period , the data are anonymised and only accessible under very strict and limited conditions . ### the period during which pnr data are to be retained should be proportionate to the purposes of the prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime . because of the nature of the data and their uses , it is necessary that the pnr data are retained for a sufficiently long period for carrying out analysis and for use in investigations . in order to avoid disproportionate use , it is necessary that , after an initial period , the data are anonymised and only accessible under very strict and limited conditions , under judicial control .


### for the purposes of this directive , the data elements which could serve to identify the passenger to whom pnr data relate and which should be filtered and masked out are : ### for the purposes of this directive , the data elements which could serve to identify the passenger to whom pnr data relate and which should be filtered out and anonymised are :


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


### the period during which pnr data are to be retained should be proportionate to the purposes of the prevention , detection , investigation and prosecution of terrorist offences and serious crime . because of the nature of the data and their uses , it is necessary that the pnr data are retained for a sufficiently long period for carrying out analysis and for use in investigations . in order to avoid disproportionate use , it is necessary that , after an initial period , the data are anonymised and only accessible under very strict and limited conditions . ### the period during which pnr data are to be retained should be proportionate to the purposes of the prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime . it is necessary that the pnr data are retained for the period strictly necessary for their use in investigations and are permanently destroyed at the end of the retention period provided for in this directive . in order to avoid disproportionate use , it is necessary that , after an initial period , the data are anonymised and only accessible under very strict and limited conditions .


### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights . ### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 2 years , after which the data must be permanently deleted , the data must be anonymised after a very short period , the collection and use of sensitive data and any form of direct or indirect discrimination on the basis of the data collected are prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that the independent national supervisory authority provided for in directive 95 / 46 / ec on the protection of individuals with regard to the processing of personal data and on the free movement of such data is responsible for advising and monitoring how pnr data are processed and is obliged to report to the competent authorities any infringements of the procedures for transferring and processing such data . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights .


### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : ### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis , after having consulted the national data protection authority , and if :


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the ppe , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market . ### manufacturers shall , further to a request from a competent national authority , provide it with all the information and documentation necessary in paper and electronic form to demonstrate the conformity of the ppe . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market .


### importers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation , in paper or electronic form , necessary to demonstrate the conformity of ppe in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market . ### importers shall , further to a request from a competent national authority , provide it with all the information and documentation , in paper and electronic form , necessary to demonstrate the conformity of ppe . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market .


### ppe intended to protect users against very serious risks . category iii includes exclusively ppe intended to protect users against the following risks : ### ppe intended to protect users against very serious risks that can lead to death or irreversible injuries or health problems . category iii includes exclusively ppe intended to protect users against the following risks :


### a conformity assessment body shall be established under national law and have legal personality . ### a conformity assessment body shall be established under national law of each member state and have legal personality .


### during demonstrations , adequate measures shall be taken to ensure the protection of persons . ### during demonstrations and field tests , adequate measures shall be taken to ensure the protection of persons and to raise their awareness . field tests shall not be designed to test the protection performance of the ppe , but do evaluate for instance comfort , ergonomics and design . all concerned parties shall be formally informed in advance concerning the scope and the purpose of this test . a ' for field test only ' marking shall be clearly and indelibly affixed to the ppe .


### further to a reasoned request from a national market surveillance authority , provide that authority with all the information and documentation necessary to demonstrate the conformity of the ppe ; ### further to a request from a national market surveillance authority , provide that authority with all the information and documentation necessary , in paper and electronic form , to demonstrate the conformity of the ppe ;


### conformity assessment bodies shall take out liability insurance unless liability is assumed by the state in accordance with national law , or the member state itself is directly responsible for the conformity assessment . ### conformity assessment bodies shall take out liability insurance unless liability is assumed by the member state in accordance with national law , or the member state itself is directly responsible for the conformity assessment .


### ' made - to - measure ppe ' means ppe produced as a single unit to accommodate the special needs of an individual user according to a basic model , following the instructions of the designer of that basic model and respecting the range of permissible variations ; ### ' made - to - measure ppe ' means ppe produced to accommodate the special needs of specific individual person according to a basic model , following the instructions of the manufacturer of that basic model and respecting the range of permissible variations ;


### at trade fairs , exhibitions , and demonstrations , member states shall not prevent the showing of ppe which does not comply with this regulation provided that a visible sign clearly indicates that the ppe does not comply with this regulation and is not available on the market until it has been brought into conformity . ### at trade fairs , exhibitions , demonstrations and field tests , member states shall not prevent the showing of ppe which does not comply with this regulation provided that a visible sign clearly indicates that the ppe does not comply with this regulation and is not available on the market until it has been brought into conformity .


### to this end , protective glasses must be so designed and manufactured as to possess , for each harmful wave length , a spectral transmission factor such that the radiant - energy illumination density capable of reaching the user ' s eye through the filter is minimized and , under no circumstances , exceeds the maximum permissible exposure value . ### to this end , eye protective equipment must be so designed and manufactured as to possess , for each harmful wave length , a spectral transmission factor such that the radiant - energy illumination density capable of reaching the user ' s eye through the filter is minimized and , under no circumstances , exceeds the maximum permissible exposure value .


### member states shall take all appropriate measures to ensure that ppe is made available on the market only if , where properly maintained and used for its intended purpose , it complies with this regulation . ### member states shall take all appropriate and necessary measures to ensure that ppe is made available on the market only if , where properly maintained , clearly explained its functioning and used for its intended purpose , it complies with this regulation ;


### manufacturers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the necessary corrective measures to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### manufacturers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the necessary corrective measures to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , manufacturers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . during the setting in conformity period , manufacturers shall recall the ppe in order to ensure a high level protection of end - users .


### member states should lay down rules on penalties applicable to infringements of the provisions of this regulation and ensure that they are implemented . those penalties should be effective , proportionate and dissuasive . ### member states should lay down rules on control and penalties applicable to infringements of the provisions of this regulation and ensure that they are implemented . those penalties should be effective , proportionate and dissuasive .


### penalties ### control and penalties


### the zero - and low - emission factor shall reduce the average specific emissions of a manufacturer by a maximum of 3% . the contribution of zero - emission heavy - duty vehicles of the categories referred to in the second sub - paragraph of article 2 to that factor shall reduce the average specific emissions of a manufacturer by a maximum of 1 . 5% . ### the zero - and low - emission factor shall reduce the average specific emissions of a manufacturer by a maximum of 2% . the contribution of zero - emission heavy - duty vehicles of the categories referred to in the second sub - paragraph of article 2 to that factor shall reduce the average specific emissions of a manufacturer by a maximum of 1 . 5% .


### the national emission ceiling regime established by directive 2001 / 81 / ec should therefore be revised in order to align it with the international commitments of the union and the member states . ### the national emission ceiling regime established by directive 2001 / 81 / ec should therefore be revised in order to ensure compliance with the international commitments of the union and the member states .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter methane , and mercury in accordance with the national emission reduction commitments applicable from 2020 , 2025 and 2030 , as laid down in annex ii .


### the reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this directive . ### the reports referred to in paragraph 1 shall include an evaluation of the environmental and socioeconomic impacts of this directive .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 .


### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe . ### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe .


### the acquisition , possession or use of property , knowing at the time of receipt , that such property was derived from criminal activity or from an act of participation in such an activity . ### the acquisition , possession or use of property , knowing at the time of receipt of the property or of its use in economic or financial activities , that such property was derived from criminal activity or from an act of participation in such an activity .


### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . ### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should , as a matter of urgency , transpose the requirements of that convention into its legal order .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 24 months after adoption ] at the latest . they shall immediately communicate the text of those provisions to the commission . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 12 months after adoption ] at the latest . they shall immediately communicate the text of those provisions to the commission .


### the commission shall , by [ 24 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive . ### the commission shall , by [ 12 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive .


### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . ### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should as a matter of urgency transpose the requirements of that convention into its legal order .


### . ### whether the criminal activity that generated the property was carried out in the territory of a third country identified by the commission as being ‘ high risk’ , as referred to in article 9 of directive 2015 / 849 , if the relevant conduct would have been a criminal offence under the national law of the member state transposing this article had it been committed there ;


### each member state shall ensure that effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . ### each member state shall ensure that effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 ; these shall include adequate resources and staff and specific , targeted training .


### the conversion or transfer of property , knowing that such property is derived from criminal activity or from an act of participation in such activity , for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person ' s action ; ### the conversion or transfer of property , knowing that such property is derived from criminal activity or from an act of participation in such activity , for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity , even if only to evade the legal consequences of that person ' s action ;


### ' cross - border region ' means the territory covered by neighbouring land border regions in two or more member states at nuts level 3 regions ; ### ' cross - border region ' means the territory covered by neighbouring land and maritime border regions in two or more member states at nuts level 3 regions ;


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


### 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 .


### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are equally implemented . the penalties provided for shall be effective , proportionate , dissuasive and ensuring the level playing field . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them .


### the 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 cultural goods listed in the previous paragraph shall apply for an import licence to the competent authority of the first 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 or in the absence of such laws and regulations . in cases where the source country of the cultural goods cannot be reliably determined , the application for the import licence shall be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations . the holder of cultural goods that originate in conflict - affected or high - risk countries shall always apply for an import licence to the competent authority of the first member state of entry . the application shall be accompanied by any supporting documents and information substantiating that such cultural goods have been exported from the source country in accordance with its laws and regulations .


### setting a benchmark for the share of zero - and low - emission vehicles in the eu fleet together with a well - designed mechanism for adjusting a manufacturer ' s specific co2 target based on the share of zero - and low - emission vehicles in the manufacturer ' s own fleet should provide a strong and credible signal for the development and deployment of such vehicles while still allowing for the further improvement of the efficiency of the conventional internal combustion engines . ### setting binding sales targets for zero - and low - emission vehicles by 2025 and 2030 is essential to sustain the car industry in the development , deployment and marketing of such vehicles in the union .


### in order to amend or supplement non - essential elements of the provisions of this regulation the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending annexes ii and iii as regards data requirements and data parameters , supplementing the rules on the interpretation of the eligibility criteria for derogations from the specific emissions targets , on the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of co2 , adjusting the figure of m0 and tm0 , referred to in article 13 , the 7 g co2 / km cap referred to in article 11 , and the adjustment of the formulae in annex i referred to in article 14 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states ' experts , and their experts should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to amend or supplement non - essential elements of the provisions of this regulation the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending annexes ii and iii as regards data requirements and data parameters , establishing the rules and procedures for reporting life - cycle emissions referred to in article 7 , supplementing the rules on the interpretation of the eligibility criteria for derogations from the specific emissions targets , on the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of co2 , adjusting the figure of m0 and tm0 , referred to in article 13 , the 7 g co2 / km cap referred to in article 11 , developing a real - world co2 emissions test referred to in article 12 and the adjustment of the formulae in annex i referred to in article 14 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states ' experts , and their experts should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### this regulation establishes co2 emissions performance requirements for new passenger cars and for new light commercial vehicles in order to ensure the proper functioning of the internal market . ### this regulation establishes co2 emissions performance requirements for new passenger cars and for new light commercial vehicles in order to achieve the union ' s climate and environmental objectives , in a manner which is consistent with the proper functioning of the internal market .


### the european council conclusions of october 2014 endorsed a greenhouse gas emissions reduction of 30% by 2030 compared to 2005 for the sectors that are not part of the european union emissions trading system . road transport provides a major contribution to the emissions of those sectors , and its emissions remain significantly above 1990 levels . if the road transport emissions increase further , it will offset reductions made by other sectors to combat climate change . ### road transport emissions remain significantly above 1990 levels , offsetting reductions made by other sectors to combat climate change .


### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for a period of five years from . . . [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the commission may adopt detailed rules on the procedures for reporting such deviations and for taking them into account in the calculation of the average specific emissions . those procedures shall be adopted by way of implementing acts in accordance with the examination procedure referred to in article 15 . ### the commission shall adopt detailed rules on the procedures for reporting such deviations and for taking them into account in the calculation of the average specific emissions . those procedures shall be adopted by way of implementing acts in accordance with the examination procedure referred to in article 15 .


### the commission may adjust the cap with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 . ### the commission may adjust the cap downwards with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 .


### the procedure for granting derogations from the 95 g co2 / km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target . , however , experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets and with regard to the targets set from 2025 onwards it is not considered appropriate to distinguish between those two categories of manufacturers . ### experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets , therefore , it is not considered appropriate to distinguish between those two categories of manufacturers .


### the european council conclusions of october 2014 endorsed a greenhouse gas emissions reduction of 30% by 2030 compared to 2005 for the sectors that are not part of the european union emissions trading system . road transport provides a major contribution to the emissions of those sectors , and its emissions remain significantly above 1990 levels . if the road transport emissions increase further , it will offset reductions made by other sectors to combat climate change . ### road transport emissions , including emissions from passenger cars and light commercial vehicles , remain significantly above 1990 levels , offsetting reductions made by other sectors to combat climate change .


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


### the commission and the european parliament shall co - organize the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organize the public hearing at its premises . representatives of the european commission , the presidency of the council , the european economic and social committee , the committe of regions shall be invited . other institutions and advisory bodies of the union based on the topic stressed in the eci , as well as interested stakeholders , shall be given the opportunity to participate in the hearing .


### statements of support for an initiative should be collected within a specific time limit . in order to ensure that an initiative remains relevant , whilst taking into account the complexity of collecting statements of support across the union , that time limit should not be longer than 12 months from the date of the start of the collection period determined by the group of organisers . ### statements of support for an initiative should be collected within a specific time limit . in order to ensure that an initiative remains relevant , whilst taking into account the complexity of collecting statements of support across the union , that time limit should not be longer than 18 months from the date of the start of the collection period determined by the group of organisers .


### the commission and the european parliament shall ensure a balanced representation of relevant public and private interests . ### the european parliament shall ensure a balanced representation of relevant public and private interests , as well as the representation of institutions and advisory bodies of the union .


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### when an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should , in addition , have the right to present that initiative at a second public hearing at union level . the public hearing should be organised by the european parliament within three months from the submission of the initiative .


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be organised by the european parliament within three months from the submission of the initiative and shall ensure presence of relevant stakeholders , as well as the representation at an appropriate level of the commission , a representative from the presidency of the council , representative from the european economic social committee and the committee of regions . other institutions and agencies of the union as well as interested stakeholders should have the opportunity to participate in the hearing depending on the thematic of the eci at hand upon their request .


### the commission and the european parliament shall co - organize the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organise the public hearing . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders and representatives of civil society and social partners , shall be given the opportunity to participate in the hearing . within one month of the public hearing , the european parliament should hold a plenary debate on the initiative , which may be followed by a vote on a motion for resolution proposing a specific recommendation to the commission .


### 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 aims to exploit the potential of the european citizens’ initiative in order to strengthen the principle of democracy and the democratic functioning of the union by giving every citizen a general right to participate in democratic life .


### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee and the committee of the regions . ### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee , the committee of the regions , as well as to national parliaments .


### all statements of support shall be collected within a period not exceeding 12 months from a date chosen by the group of organisers , without prejudice to article 11 . that date must be not later than three months from the registration of the initiative in accordance with article 6 . ### all statements of support shall be collected within a period not exceeding 18 months from a date chosen by the group of organisers , without prejudice to article 11 . that date must be not later than three months from the registration of the initiative in accordance with article 6 .


### after the commission has registered an initiative in accordance with article 6 , it shall provide the translation of the content of that initiative into all the official languages of the union for its publication in the register and its use for the collection of statements of support in accordance with this regulation . a group of organisers may , in addition , provide translations into all the official languages of the union of the annex for its publication in the register and also , as the case may be , of the draft legal act referred to in annex ii and submitted in accordance with article 6 . ### after the commission has registered an initiative in accordance with article 6 , it shall provide the translation of the content of that initiative into all the official languages of the union for its publication in the register and its use for the collection of statements of support in accordance with this regulation . a group of organisers may , in addition , ask the commission to provide translations into all the official languages of the union of the annex for its publication in the register and also , as the case may be , of the draft legal act referred to in annex ii and submitted in accordance with article 6 .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes , mechanisms to avoid harmful interference to spectrum users in adjacent bands and information on the possibility to offer compensation for migration costs , in order to avoid , inter alia , costs for end - users and broadcasters . compensation schemes should focus in particular on the special needs of smes and start - ups , which do not have the same financial capacity as other firms . as for dtt , the roadmaps should give particular attention to facilitating , where necessary , upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies , with due regard for the principle of technological neutrality .


### when member states authorise the use of the 694 - 790 mhz frequency band or amend existing rights to use the 694 - 790 mhz frequency band , they shall take all necessary measures to ensure a high - quality level of coverage of their population and territory at speeds of at least 30 mb / s , both indoors and outdoors , including in pre - determined national priority areas where necessary , and along major terrestrial transport paths . such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with union law . ### when member states authorise the use of the 694 - 790 mhz frequency band or amend existing rights to use the 694 - 790 mhz frequency band , they shall take all necessary measures to ensure a consistent and continuous high - quality level of coverage of their population and territory at speeds of at least 30 mb / s , both indoors and outdoors , including in pre - determined national priority areas where necessary , and along major terrestrial transport paths . such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with union law .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and transparent information on the possibility to offer compensation for migration costs , especially for smes in the sectors concerned , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies .


### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits . ### the projections for the rapid growth of wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural , mountainous , insular and other remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators ' licence obligations , should aim to meet the rspp objective that all citizens throughout the union should have continuous and reliable access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits .


### ‘ market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles , systems , components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant union legislation and do not endanger health , safety or any other aspect of public interest protection ; ### ' market surveillance ' means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles , systems , components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant union legislation and do not endanger health , safety , the environment or any other aspect of public interest protection including consumer rights ;


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education , preservation of cultural heritage and public lending of literary works , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 2006 / 115 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market and the access of users to creative content . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching , preservation of cultural heritage and public lending of literary works , should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching and scientific research in the digital environment , preservation of cultural heritage , public lending of literary works , freedom of panorama and out - of - commerce works should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec , 2001 / 29 / ec and 2006 / 115 / ec should be adapted .


### 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 should cover all 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 , scientific research and private study . the exception should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching , scientific research and private study .


### cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for measures to facilitate the licensing of rights in out - of - commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross - border effect in the internal market . ### cultural heritage institutions , educational establishments or other non - commercial documentation centres should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for measures to facilitate the availability of out - of - commerce works that are in the collections of cultural heritage institutions , educational establishments or other non - commercial documentation centres and thereby to allow the conclusion of agreements with cross - border effect in the internal market .


### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary , easily accessible , channels of commerce . out - of - commerce works shall also include works that have never been , or were never intended to be , in commerce .


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of legal mechanism allowing cultural heritage institutions , educational establishments or other non - commercial documentation centres to digitise , distribute , communicate to the public or make available the out - of - commerce works permanently in their collection , in accordance to their legal traditions , practices or circumstances . such mechanisms should allow rightholders to exclude their works , on the basis of reasonable evidence , and can include extended collective licensing and presumptions of representation . in any case , member states should be required to provide for a mandatory general exception , applying where collective management organisations do not exist , or are unable to achieve sufficient representativity , or to offer easily available licences to cultural heritage institutions , educational establishments or other non - commercial documentation centres for the types of works and other subject - matter held in their collections .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge , changing tremendously the market , helping to stimulate competition with established players and fostering creativity . the objectives and the principles laid down by the union copyright framework need to be updated and adapted in order to increase access to and dissemination of creative content . thus , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as the dissemination of out - of - commerce works , and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning and fair marketplace for copyright , there should also be rules on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching , libraries and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment , preservation of cultural heritage , user - generated content , reproduction of works permanently situated in public places and use of never - in - commerce works should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted accordingly . the term ' scientific research ' used in this directive is to be understood as referring both to the natural sciences and the human sciences .


### 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 beneficiaries to define commonly - agreed best practices across the union concerning the development of technologies implementing the exception provided for in paragraph 1 as well as the application of the measures referred to in paragraph 3 . these best practices shall be made easily and effectively accessible to the public .


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the purpose of illustration for teaching or scientific research . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect , nor allow the application of such exceptions or limitations for private study purposes . this situation may hamper the development of digitally - supported teaching activities and distance learning , scientific research and private study . therefore , the introduction of a new mandatory exception is necessary to ensure full legal certainty when using works or other subject - matter in all teaching activities , scientific research and private study , including digitally , online and across borders .


### 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 .


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


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where individuals and legal entities have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as both research and business are increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply technological measures to prevent or hinder beneficiaries from benefiting from the exception provided for in paragraph 1 , unless to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall be transparent , non - discriminatory and proportionate and shall not go beyond what is necessary to achieve that objective .


### 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 , including raw data . 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 . legal entities should also benefit from the exception when they engage into public - private partnerships .