### the commission shall inform the european parliament , the council , the european economic and social committee and the committee of the regions of the registration of an initiative . ### the commission shall inform , in a clear , comprehensive and detailed manner , the european parliament , the council , the european economic and social committee , the committee of the regions and the national parliaments of the registration of an initiative .


### 14when 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 . ### 14publication and public hearings


### within three months after the submission of the initiative , the group of organisers shall be given the opportunity to present the initiative at a public hearing . ### within three months of the submission of the valid initiative in relation to which statements of support have been collected and certified in accordance with articles 8 to 12 , the group of organisers shall be given the opportunity to present the initiative at a second public hearing .


### 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 hearings at its premises . representatives of the other institutions and advisory bodies of the union , of the national parliaments and public stakeholders shall be given the opportunity to participate in the hearings .


### the commission shall be represented in the hearing at an appropriate level . ### the commission shall be represented in the hearings at an appropriate level .


### within one month of the submission of the initiative , the commission shall receive the group of organisers at an appropriate level to allow them to explain in detail the matters raised by the initiative . ### within one month of the submission of a valid initiative in relation to which statements of support have been collected and certified in accordance with articles 8 to 12 , the commission shall receive the group of organisers at an appropriate level to allow them to explain in detail the matters raised by the initiative .


### 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 .


### as some member states have already launched or completed a national process to authorise the use of the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services , the union should take immediate action in order to prevent fragmentation of the single market . what is needed is a coordinated approach to the future use of the 470 - 790 mhz frequency band , which should also provide regulatory predictability , balance member state diversity with single market objectives and promote a coherent union position on the international scene . in this context , member states should be required to repurpose the 700 mhz frequency band in a timely manner in accordance with union and national law . ### as some member states have already launched or completed a national process to authorise the use of the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services , the union should take immediate action in order to prevent fragmentation of the single market , a phenomenon which would destroy value for everybody , and especially in the case of regions sharing internal union borders . what is needed is a coordinated approach to the future use of the 470 - 790 mhz frequency band , which should also provide regulatory predictability , balance member state diversity with single market objectives and promote a coherent union position on the international scene . in this context , member states should be required to repurpose the 700 mhz frequency band in a timely manner in accordance with union and national law .


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 , 2 , 3 and 4 of this decision .


### the assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level , but coordination at union level should be ensured where the reported risk or harm may exist beyond the territory of one member state with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm . ### the assessment of risks to safety and of harm to public health and the environment should be conducted at national level , but coordination at union level should be ensured where the risk or harm may exist beyond the territory of one member state , with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to eliminate the identified risk and harm .


### manufacturers holding type - approvals or the economic operators shall , upon request , supply to the commission a statistically relevant number of production vehicles , systems , components and separate technical units selected by the commission that are representative for the vehicles , systems , components and separate technical units available for placing on the market under that type - approval . those vehicles , systems , components and separate technical units shall be supplied for testing at the time and place and for the period the commission may require . ### manufacturers holding type - approvals or the economic operators shall , upon request , supply to the agency a statistically relevant number of production vehicles , systems , components and separate technical units selected by the agency that are fully representative of the vehicles , systems , components and separate technical units available for placing on the market under the type - approval concerned . those vehicles , systems , components and separate technical units shall be supplied for testing at such time and place and for such period as the agency may require . the owner of the vehicle shall be compensated for costs connected with the tests .


### the approval authority shall refuse to grant eu type - approval where it finds that a type of vehicle , system , component or separate technical unit , albeit in compliance with the applicable requirements , presents a serious risk to safety or may seriously harm the environment or public health . in that case , it shall immediately send to the approval authorities of the other member states and to the commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings . ### the approval authority shall refuse to grant eu type - approval where it finds that a type of vehicle , system , component or separate technical unit , albeit in compliance with the applicable requirements , presents a risk to safety or may seriously harm the environment or public health . in that case , it shall immediately send to the approval authorities of the other member states and to the commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings .


### 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 , 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 .


### 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 .


### in view of a potentially high number of access requests to and downloads of their works or other subject - matter , rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject - matter are hosted would be jeopardised . those measures should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exception . ### rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject - matter are hosted could be jeopardised . those measures should be transparent , non - discriminatory , proportionate and not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system and should not undermine in any way the effective application of the exception .


### 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 .


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


### 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 .


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


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence , the degradation of original supports and digitisation . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only .


### member states should , 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 .


### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum . ### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial public body . the body should meet with the parties and help with the negotiations by providing professional , external , impartial and affordable advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations , the bearing of the costs and the composition of such bodies . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum .


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


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


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . such a mechanism should allow authors and performers , individually or through representative organisations , to claim additional and equitable remuneration . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority with jurisdiction .


### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . ### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for a voluntary and public alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism .


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


### the use of works and other subject - matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the educational establishment is established . ### the use of works and other subject - matter for the sole purpose of illustration for teaching or scientific research , including private study , undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the beneficiary is established .


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


### 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 shall , in consultation with rightholders , collective management organisations and cultural heritage institutions , ensure that the requirements used to determine whether works and other subject - matter can be licensed in accordance with paragraph 1 do not extend beyond what is necessary and reasonable and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce . ### member states shall , in consultation with rightholders , collective management organisations , cultural heritage institutions , educational establishments or other non - commercial documentation centres , ensure that the requirements used to determine whether works and other subject - matter can be deemed to be out of commerce , do not extend beyond what is reasonable and proportionate and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce .


### member states shall provide that appropriate publicity measures are taken regarding : ### member states shall provide that appropriate and effective publicity measures are taken regarding :


### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 . ### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the effectiveness of the measures applied to implement the exception referred to in article 7 , including the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 .


### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial body with relevant experience . that body shall provide assistance with negotiation and help reach agreements . ### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial public body with relevant experience . that body shall provide impartial and affordable assistance with negotiation and help reach agreements .


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


### 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 . ### without prejudice to other judicial remedies , 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 and public alternative dispute resolution procedure .


### financial assistance shall be available to entities with a public mission such as local authorities and providers of public services undertaking to provide free local wireless connectivity through the installation of local wireless access points . ### financial assistance shall be available to entities with a public mission such as local authorities and providers of public services undertaking to provide free local wireless connectivity through the installation of local wireless access points or in combination with the implementation of free urban public transport services .


### regulation no 1007 / 2009 of the european parliament and of the council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products . those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed in a way that causes excessive pain , distress , fear and other forms of suffering . such concerns were supported by scientific evidence showing that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place . in order to achieve that objective , regulation no 1007 / 2009 introduced , as a general rule , a prohibition of placing on the market of seal products . __________________ 2 regulation no 1007 / 2009 of the european parliament and of the council of 16 september 2009 on trade in seal products . ### regulation no&#160 ; 1007 / 2009 of the european parliament and of the council2 was adopted with the objective of eliminating obstacles to the functioning of the internal market due to differences in national measures regulating trade in seal products . those measures were adopted in response to public moral concerns about the animal welfare aspects of the killing of seals and the possible presence on the market of products obtained from animals killed by using cruel practices which cause pain , distress , fear and other forms of suffering . such concerns were supported by scientific evidence showing that of a sample of seals killed by hunters , some 42% were skinned alive and a further 40% were repeatedly beaten before dying . these studies therefore prove that a genuinely humane killing method cannot be consistently and effectively applied and enforced in the specific conditions in which seal hunting takes place . in order to achieve that objective , regulation no 1007 / 2009 introduced , as a general rule , a prohibition of placing on the market of seal products . __________________ 2regulation no 1007 / 2009 of the european parliament and of the council of 16 september 2009 on trade in seal products .


### at the same time , seal hunting is an integral part of the culture and identity of the inuit and other indigenous communities and makes a major contribution to their subsistence . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities do not raise the same public moral concerns as the hunts conducted primarily for commercial purposes . moreover , it is broadly recognised that the fundamental and social interests of inuit and other indigenous communities should not be adversely affected , in accordance with united nations declaration on the rights of indigenous peoples and other relevant international instruments . for those reasons , by way of exception , regulation no 1007 / 2009 allows the placing on the market of seal products which result from hunts traditionally conducted by inuit and other indigenous communities and which contribute to their subsistence . ### at the same time , seal hunting is an integral part of the culture and identity of the inuit and other indigenous communities and makes a contribution to their subsistence . for those reasons , seal hunts traditionally conducted by inuit and other indigenous communities , if prohibited during reproduction periods and carried out with the sole aim of supporting communities in a sustainable way , mitigate the public moral concerns relating to hunts conducted primarily for commercial purposes . moreover , it is broadly recognised that the fundamental and social interests of inuit and other indigenous communities should not be adversely affected , in accordance with united nations declaration on the rights of indigenous peoples and other relevant international instruments . for those reasons , by way of exception , regulation no 1007 / 2009 allows the placing on the market of seal products which result from hunts traditionally conducted by inuit and other indigenous communities and which contribute to their subsistence .


### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible , while having regard to the traditional way of life and the subsistence needs of the inuit and other indigenous communities . the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities should be limited to hunts that contribute to the subsistence need of those communities and are therefore not conducted primarily for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception in order to prevent the use of the exception by products resulting from hunts which are conducted primarily for commercial purposes . ### a genuinely humane killing method cannot be effectively and consistently applied in the hunts conducted by the inuit and other indigenous communities , just like in the other seal hunts . nonetheless , it is appropriate , in light of the objective pursued by regulation no 1007 / 2009 , to make the placing in the union market of products resulting exclusively from hunts by the inuit and other indigenous communities conditional upon those hunts being conducted in a sustainable manner which reduces pain , distress , fear or other forms of suffering of the animals hunted to the extent possible . it would be appropriate for the exception granted in respect of seal products resulting from hunts conducted by inuit and other indigenous communities to be limited to hunts that contribute solely to the subsistence need of those communities and are therefore not conducted purely for commercial purposes . thus , the commission should be enabled to limit , if necessary , the quantity of seal products placed on the market under that exception .


### the placing on the market of seal products shall be allowed only where the seal products result from hunts conducted by inuit and other indigenous communities , provided that the following conditions are all satisfied : ### the placing on the market of seal products shall be allowed only where the seal products result exclusively from hunts conducted by inuit and other indigenous communities , provided that the following conditions are all satisfied :


### the hunt has been traditionally conducted by the community ; ### the hunt has traditionally been conducted by the community for its subsistence ;


### the applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority . for this reason , the applicant should , subject to limited exceptions , enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application , as appropriate . for the right to a personal interview to be effective , the applicant should be assisted by an interpreter and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner . the applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor , and he or she may be assisted by the legal adviser or counsellor during the interview . the personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel , including where necessary , personnel from authorities of other member states or experts deployed by the european union agency for asylum . the personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control . given that the personal interview is an essential part of the examination of the application , the interview should be recorded and the applicants and their legal advisers should be given access to the recording , as well as to the report or transcript of the interview before the determining authority takes a decision , or in the case of an accelerated examination procedure , at the same time as the decision is made . ### the applicant should be provided with an effective opportunity to present all relevant elements at his or her disposal to the determining authority . for this reason , the applicant should , subject to limited exceptions , enjoy the right to be heard through a personal interview on the admissibility or on merits of his or her application , as appropriate . for the right to a personal interview to be effective , the applicant should be assisted by an interpreter and by a cultural mediator , where possible and necessary , and be given the opportunity to provide his or explanations concerning the grounds for his or her application in a comprehensive manner . the applicant should be given sufficient time to prepare and consult with his or her legal adviser or counsellor , and he or she may be assisted by the legal adviser or counsellor during the interview . the personal interview should be conducted under conditions which ensure appropriate confidentiality and by adequately trained and competent personnel , including where necessary , personnel from authorities of other member states or experts deployed by the european union agency for asylum . the personal interview may only be omitted when the determining authority is to take a positive decision on the application or is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstance beyond his or her control . given that the personal interview is an essential part of the examination of the application , the interview should be recorded and the applicants and their legal advisers should be given access to the recording , as well as to the report of the interview before the determining authority takes a decision . if the applicant is in need of special procedural guarantees in accordance with articles 19 to 22 , that applicant must have the opportunity to provide the specifications within a reasonable time after the personal interview .


### to be able to fulfil their obligations under this regulation , the personnel of the authorities responsible for receiving and registering applications should have appropriate knowledge and should receive the necessary training in the field of international protection , including with the support of the european union agency for asylum . they should also be given the appropriate means and instructions to effectively perform their tasks . ### to be able to fulfil their obligations under this regulation , the personnel of the authorities responsible for receiving and registering applications should have appropriate knowledge and should have received the necessary training in the field of international protection , including with the support of the european union agency for asylum . they should also be given the appropriate means and instructions to effectively perform their tasks .


### where an applicant either explicitly withdraws his or her application of his or her own motion , or does not comply with the obligations arising from this regulation , regulation no xxx / xxx or directive xxx / xxx / eu thereby implicitly withdraws his or her application , the application should not be further examined and it should be rejected as explicitly withdrawn or abandoned , and any application in the member states by the same applicant further after that decision should be considered to be a subsequent application . however , the implicit withdrawal should not be automatic but the applicant should be allowed the opportunity to report to the determining authority and demonstrate that the failure to comply with those obligations was due to circumstances beyond his control . ### where an applicant explicitly withdraws his or her application of his or her own motion the application should not be further examined and it should be rejected as explicitly withdrawn or abandoned .


### immigration authorities ; ### governmental immigration authorities ;


### member states shall ensure that the personnel of the determining authority , or of any other authority responsible for receiving and registering applications for international protection in accordance with paragraph 3 , have the appropriate knowledge and are provided with the necessary training and instructions to fulfil their obligations when applying this regulation . ### member states shall ensure that the personnel of the authorities responsible in accordance with paragraphs 1 and 2 have the appropriate knowledge and have received the necessary training under article 7 of regulation xxx / xxx and instructions to fulfil their obligations when applying this regulation .


### obtain any information from the alleged actors of persecution or serious harm in a manner that would result in such actors being directly informed of the fact that an application has been made by the applicant in question , and would jeopardise the physical integrity of the applicant or his or her dependants , or the liberty and security of his or her family members still living in the country of origin . ### obtain any information from the alleged actor of persecution or serious harm .


### providing the data referred to in points and of the second paragraph of article 27 ; ### providing the data referred to in points and of the first paragraph of article 27 ;


### where it is necessary for the examination of an application , the applicant may be required by the responsible authorities to be searched or have his or her items searched . without prejudice to any search carried out for security reasons , a search of the applicant ' s person under this regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity . ### where it is necessary for the examination of an application , the applicant may be required by the determining authorities to be searched or have his or her items searched . without prejudice to any search carried out for security reasons , a search of the applicant ' s person under this regulation shall be carried out by a person of the same sex with full respect for the principles of human dignity and of physical and psychological integrity .


### the information referred to in the first paragraph shall be given in good time to enable the applicants to exercise the rights guaranteed in this regulation and for them to adequately comply with the obligations set out in article 7 . ### the information referred to in the first paragraph , points to , shall be given at the point at which the application for international protection is registered , and in any event prior to the personal interview referred to in articles 10 and 11 , and in good time to enable the applicants to exercise the rights guaranteed in this regulation and for them to adequately comply with the obligations set out in article 7 .


### the determining authority shall provide applicants with the opportunity to communicate with united nations high commissioner for refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law . ### the determining authority shall provide applicants with the opportunity to communicate with united nations high commissioner for refugees or with any other organisation providing legal advice or other counselling to applicants in accordance with national law . this shall also be done when applicants are in detention facilities or at border crossing points .


### before a decision is taken by the determining authority on the merits of an application for international protection , the applicant shall be given the opportunity of a substantive interview on his or her application . ### before a decision is taken by the determining authority on the merits of an application for international protection , the applicant shall be given the opportunity of a substantive interview on his or her application . the interview may be conducted at the same time as the admissibility interview .


### in the admissibility interview , the applicant shall be given an opportunity to provide adequate reasons as to why the admissibility grounds provided for in article 36 would not be applicable to his or her particular circumstances . ### in the admissibility interview , the applicant shall be given an opportunity to provide reasons as to why the admissibility grounds provided for in article 36 would not be applicable to his or her particular circumstances .


### an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interview . the communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly . ### an interpreter and a cultural mediator , if necessary and where possible , who are able to ensure appropriate communication between the applicant and the person conducting the interview shall be provided for the personal interview . interpreters and mediators must have already received specific training as referred to in article 7 of regulation xxx / xxx including the elements listed in paragraph 6 of this article . the communication shall take place in the language preferred by the applicant unless there is another language which he or she understands and in which he or she is able to communicate clearly . where requested by the applicant , the determining authority shall ensure that the interviewers , interpreters and mediators are of the same sex as the applicant provided that this is possible and the determining authority does not have reasons to believe that such a request is based on grounds which are not related to difficulties on the part of the applicant to present the grounds of his or her application in a comprehensive manner .


### the determining authority or any other authority or experts assisting it or conducting the personal interview shall make a thorough and factual report containing all substantive elements or a transcript of every personal interview . ### the determining authority or any other authority or experts assisting it or conducting the personal interview shall make a report containing all substantive elements of every personal interview .


### where an applicant refuses to confirm that the content of the report or the transcript correctly reflects the personal interview , the reasons for his or her refusal shall be entered in the applicant’s file . that refusal shall not prevent the determining authority from taking a decision on the application . ### where an applicant refuses to confirm that the content of the report correctly reflects the personal interview , the reasons for his or her refusal shall be entered in the applicant’s file . that refusal shall not prevent the determining authority from taking a decision on the application .


### applicants and their legal advisers or other counsellors shall have access to the report or the transcript and the recording before the determining authority takes a decision . ### applicants and their legal advisers or other counsellors shall have access to the report and the recording before the determining authority takes a decision , including where the application is examined in accordance with the accelerated examination procedure .


### applicants shall have the right to consult , in an effective manner , a legal adviser or other counsellor , admitted or permitted as such under national law , on matters relating to their applications at all stages of the procedure . ### applicants shall have the right to consult , in an effective manner , a legal adviser or other counsellor , admitted or permitted as such under national law , on matters relating to their applications at all stages of the procedure , and as soon as the wish to obtain international protection has been declared .


### where there are indications that third - country nationals or stateless persons held in detention facilities or present at border crossing points , including transit zones , at external borders , may need international protection , the responsible authorities shall inform them of the possibility to apply for international protection , in particular , where : ### the responsible authorities shall inform third - country nationals or stateless persons held in detention facilities or present at border crossing points , including transit zones , at external borders , of the possibility to apply for international protection , in particular , where :


### the responsible authorities shall make the necessary arrangements for interpretation services to be available to facilitate access to the procedure for international protection . ### the responsible authorities shall make the necessary arrangements for interpretation services and , where necessary and possible , cultural mediation services to be available to facilitate access to the procedure for international protection .


### in the case of an unaccompanied minor , the ten working - day period for the lodging the application provided for in article 28 shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her . where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those ten working days , the determining authority shall lodge an application on behalf of the unaccompanied minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection . ### in the case of an unaccompanied minor , the 15 working - day period for the lodging the application provided for in article 28 shall only start to run from the moment a guardian of the unaccompanied minor is appointed and has met with him or her . where his or her guardian does not lodge an application on behalf of the unaccompanied minor within those 15 working days , the authority with responsibility under article 5 shall lodge an application on behalf of the unaccompanied minor if , on the basis of an individual assessment of his or her personal situation , it is of the opinion that the minor may need international protection .


### where the applicant does not report to the determining authority within this one - month period and does not demonstrate that his or her failure was due to circumstances beyond his or her control , the determining authority shall consider that the application has been implicitly withdrawn . ### where the applicant does not report to the determining authority within this one - month period , the determining authority shall consider that the application has been implicitly withdrawn .


### inform the applicant accordingly ; and ### inform the applicant accordingly in writing ; and


### the commission shall regularly review the situation in third countries that are on the eu common list of safe countries of origin , with the assistance of the union agency for asylum and based on the other sources of information referred to in article 45 . ### the commission shall regularly review the situation in third countries that are on the eu common list of safe countries of origin or which have been suspended from the list pursuant to article 49 , with the assistance of the union agency for asylum and based on the other sources of information referred to in article 47 . it shall keep the european parliament properly informed , in a timely manner .


### for a period of five years from entry into force of this regulation , member states may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at union level or which are on the eu common list in annex 1 for the purposes of examining applications for international protection . ### for a period of three years from entry into force of this regulation , member states may retain or introduce legislation that allows for the national designation of safe countries of origin other than those designated at union level or which are on the eu common list in annex 1 for the purposes of examining applications for international protection .


### the applicant may only bring forward new elements which are relevant for the examination of his or her application and which he or she could not have been aware of at an earlier stage or which relate to changes to his or her situation . ### the applicant may bring forward new elements which are relevant for the examination of his or her application .


### in order to take full advantage of the competitive environment , professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market , including as to the contractual conditions of porting data upon the termination of a contract . in order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services , the detailed information and operational requirements for data porting should be defined by market players through self - regulation , encouraged and facilitated by the commission , in the form of union codes of conduct which may entail model contract terms . nonetheless , if such codes of conduct are not put in place and effectively implemented within a reasonable period of time , the commission should review the situation . ### in order to take full advantage of the competitive environment , professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market , including as to the contractual conditions of porting data upon the termination of a contract . those conditions should comply with the general data protection regulation , in particular with the provisions set out in article 20 and recital 68 . in order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services , the detailed information and operational requirements for data porting should be defined by market players through self - regulation , encouraged and facilitated by the commission , in the form of union codes of conduct which may entail model contract terms . nonetheless , if such codes of conduct are not put in place and effectively implemented within a reasonable period of time , the commission should review the situation .


### ‘ user ' means a natural or legal person using or requesting a data storage or other processing service ; ### ‘ user ' means a natural or legal person , including a public sector entity , using or requesting a data storage or other processing service for purposes related to his , her or its trade , business , craft , profession or task .


### member states shall inform the commission of the address of their single information point referred to in paragraph 4 . the commission shall publish the links to such points on its website . ### member states shall inform the commission of the address of their single information point referred to in paragraph 4 . the commission shall publish the links to such points on its website . the information provided by the commission shall be available in all of the official languages of the union .


### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , internet of things or artificial intelligence . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation . ### new regulatory and enforcement challenges relate to a rapidly changing environment of the digital revolution , concerning issues such as cybersecurity , data protection and privacy , internet of things or artificial intelligence . should damage occur , stringent rules on product safety and liability are essential to ensure a policy response that allows european citizens , including consumers and businesses , to benefit from such rules . the programme should therefore contribute to the rapid adaptation and enforcement of a union product liability regime which fosters innovation .


### product safety is a common concern . the conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market . it is therefore of paramount importance that the conformity assessment bodies are reliable and competent . the union has put in place a system of accreditation of the conformity assessment bodies , verifying their competence , impartiality and independence . the main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the union . the programme should therefore support measures to ensure that conformity assessment bodies continue fulfilling the regulatory requirements and to enhance the european accreditation system , in particular in new policy areas , by supporting the european co - operation for accreditation referred to in article 14 of regulation no 765 / 2008 of the european parliament and of the council48 . ### product safety is a common concern . the conformity assessment bodies verify whether products meet the safety requirements before they are placed on the market . it is therefore of paramount importance that the conformity assessment bodies are reliable and competent . the union has put in place a system of accreditation of the conformity assessment bodies , verifying their competence , impartiality and independence . the main challenge is now to keep the accreditation system in line with the latest state of the art and to ensure that it is applied with the same stringency across the union . the programme should therefore support measures to ensure that conformity assessment bodies fulfil the regulatory requirements and enhance the european accreditation system , in particular in new policy areas , by supporting the uniformity of checks and sanctions , as well as the european co - operation for accreditation referred to in article 14 of regulation no 765 / 2008 of the european parliament and of the council48 and by supporting the creation of a european database of defective products and related accidents .


### as consumer markets know no borders with the development of online trade and travel services , it is important to ensure that consumers residing in the union can benefit from adequate protection when importing goods and services from economic operators based in third countries . the programme should therefore allow supporting cooperation with relevant bodies located in key trading third country partners of the union where necessary . ### as consumer markets know no borders with the development of online trade and travel services , it is important to ensure that consumers residing in the union can benefit from the same level of protection when importing goods and services from economic operators based in third countries , compared to the goods and services offered by operators located within the internal market . the programme should therefore allow supporting cooperation with relevant bodies located in key trading third country partners of the union where necessary .


### in order to meet the objectives of the programme and to facilitate the lives of citizens and businesses , high - quality user - centric public services need to be put in place . this implies that public administrations will need to start working in new ways , bring down silos between the different parts of their administrations , and to engage in the co - creation of these public services with citizens and businesses . moreover , the continuous and steady increase of cross - border activities in the internal market requires provision of up - to - date information on the rights of businesses and citizens , but also information explaining the administrative formalities . in addition , provision of legal advice and helping to solve problems which occur at cross national level becomes essential . furthermore , connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary . the programme should therefore support the following existing internal market governance tools : the your europe portal which should be a backbone of the upcoming single digital gateway , your europe advice , solvit , the internal market information system and the single market scoreboard in order to improve citizens ' daily lives and businesses ' ability to trade across borders . ### in order to meet the objectives of the programme and to facilitate the lives of citizens and businesses , high - quality user - centric public services that are increasingly digitally orientated and fully accessible need to be put in place , in accordance with directive 2016 / 2102 of the european parliament and of the council of 26 october 2016 on the accessibility of the websites and mobile applications of public sector bodies . this implies that public administrations will need to start working in new ways , bring down silos between the different parts of their administrations , and to engage in the co - creation of these public services with citizens and businesses . in addition , it is essential to introduce an effective system for evaluating the performance of public administration as a whole and of its staff and management , also by involving users . the continuous and steady increase of cross - border activities in the internal market requires provision of up - to - date information on the administrative formalities to be completed , as well as on the rights of businesses and citizens , including the rights of businesses with respect to creditors in the event of late payment and the rights of citizens in the event of the purchase of unsafe or non - compliant products , as well as their right to take part in a class action . in addition , provision of legal advice and helping to solve problems which occur at cross national level becomes essential . furthermore , connecting national administrations in a simple and efficient manner as well as evaluating how the internal market works on the ground is necessary . the programme should therefore support the following existing internal market governance tools : the your europe portal which should be a backbone of the upcoming single digital gateway , your europe advice , solvit , the internal market information system and the single market scoreboard in order to improve citizens ' daily lives and businesses ' ability to trade across borders .


### the programme should provide effective support for smes throughout their life - cycle . it should build on the unique knowledge and expertise developed with regard to smes and industrial sectors and on a long experience in working with european , national and regional stakeholders . this support should build on the successful experience of the enterprise europe network as a one - stop - shop to improve smes competitiveness and develop their business in the single market and beyond . the network plans to continue delivering services on behalf of other union programmes , notably for the horizon2020 programme , using the financial resources of these programmes . also the mentoring scheme for new entrepreneurs should remain the tool to enable new or aspiring entrepreneurs to gain business experience by matching with an experienced entrepreneur from another country and thus allow strengthening entrepreneurial talents . the programme should further strive to grow and extend its geographical coverage and thus offer wider range of matching possibilities to entrepreneurs in complementarity with other union initiatives where relevant . ### the programme should provide effective support for smes , including those in the tourism sector , throughout their life - cycle . it should build on the unique knowledge and expertise developed with regard to smes and industrial sectors and on a long experience in working with european , national and regional stakeholders . this support should build on the successful experience of the enterprise europe network as a one - stop - shop to improve smes competitiveness and develop their business in the single market and beyond . the network plans to continue delivering services on behalf of other union programmes , notably for the horizon2020 programme , using the financial resources of these programmes . also the erasmus programme for young entrepreneurs should remain the tool to enable new or aspiring entrepreneurs to gain business experience by matching with an experienced entrepreneur from another country and thus allow strengthening entrepreneurial talents . the programme should further strive to grow and extend its geographical coverage and thus offer wider range of matching possibilities to entrepreneurs in complementarity with other union initiatives where relevant , and should be able to respond to new challenges for smes in the single market , such as those posed by digitalisation .


### clusters are a strategic tool for supporting the competitiveness and scaling - up of smes as they offer favourable business environments . joint cluster initiatives should achieve critical mass to accelerate the growth of smes . by connecting specialised eco - systems , clusters create new business opportunities for smes and integrate them better in european and global strategic value chains . support should be provided for the development of transnational partnership strategies and the implementation of joint activities , supported by the european cluster collaboration platform . sustainable partnering should be encouraged with continuation funding if performance and participation milestones are reached . direct support to smes should be channelled through cluster organisations for the following : uptake of advanced technologies , new business models , low - carbon and resource - efficient solutions , creativity and design , skills upgrading , talent attraction , entrepreneurship acceleration , and internationalisation . other specialised sme support actors should be associated to facilitate industrial transformation and implementations of smart specialisation strategies . the programme should thus contribute to growth and build linkages with the union ' s innovation hubs and investments made under cohesion policy and horizon europe . synergies with the erasmus programme can also be explored . ### clusters are a strategic tool for supporting the competitiveness and scaling - up of smes as they offer favourable business environments . joint cluster initiatives should achieve critical mass to accelerate the growth of smes . by connecting specialised eco - systems , clusters create new business opportunities for smes and integrate them better in european and global strategic value chains . support should be provided for the development of transnational partnership strategies and the implementation of joint activities , supported by the european cluster collaboration platform . sustainable partnering should be encouraged with continuation funding if performance and participation milestones are reached . direct support to smes should be channelled through cluster organisations for the following : uptake of advanced technologies , new business models , low - carbon and resource - efficient solutions , in order to facilitate the transition to a zero - carbon economy by 2050 , creativity and design , skills upgrading , talent attraction , entrepreneurship acceleration , and internationalisation . other specialised sme support actors should be associated to facilitate industrial transformation and implementations of smart specialisation strategies . the programme should thus contribute to growth and build linkages with the union ' s innovation hubs and investments made under cohesion policy and horizon europe . synergies with the erasmus programme can also be explored .


### creativity and innovation are crucial for the competitiveness of the union ' s industrial value chains . they represent catalysts for industrial modernisation and contribute to smart , inclusive sustainable growth . however , uptake by smes is still lagging behind . the programme should therefore support targeted actions , networks and partnerships for creativity - driven innovation throughout the industrial value chain . ### creativity and innovation are crucial for the competitiveness of the union ' s industrial value chains . they represent catalysts for industrial modernisation and contribute to smart , inclusive sustainable growth . however , uptake by smes is still lagging behind . the programme should therefore support targeted actions , networks and partnerships for innovation based on digital innovation and creativity throughout the societal and industrial value chain .


### the union contributes to ensuring a high level of consumer protection , empowering consumers and putting them at the heart of the internal market by supporting and complementing member states’ policies in seeking to ensure that citizens when acting as consumers can fully reap the benefits of the internal market and that , in so doing , their safety and legal and economic interests are properly protected by means of concrete actions . the union has also to ensure that consumer and product safety laws are properly and equally enforced on the ground and that businesses enjoy a level playing field with fair competition in the internal market . moreover , it is necessary to empower , encourage and assist consumers in making sustainable choices , thus contributing to a sustainable , energy and resource efficient and circular economy . ### the union contributes to ensuring a high level of consumer protection , empowering consumers and putting them at the heart of the internal market by supporting and complementing member states’ policies in seeking to ensure that citizens when acting as consumers and prosumers can fully reap the benefits of the internal market and that , in so doing , their safety and legal and economic interests are properly protected by means of concrete actions . the union has also to ensure that consumer and product safety laws are properly and equally enforced on the ground and that businesses enjoy a level playing field with fair competition in the internal market . moreover , it is necessary to empower , encourage and assist consumers in making sustainable choices , thus contributing to a sustainable , energy and resource efficient and circular economy .


### the programme should aim to raise the awareness of consumers , businesses , civil society and authorities on union consumer and safety laws and to empower consumers and their representative organisations at national level and at the union level notably by supporting the bureau européen des unions de consommateurs which is the long established and recognised ngo representing consumer interests in relation to all relevant union policies , and the european association for the co - ordination of consumer representation in standardisation which represents consumers interest in relation to standardisation issues . in doing so , particular attention should be given to new market needs regarding the promotion of sustainable consumption and the prevention of vulnerabilities as well as challenges created by the digitisation of the economy or the development of new consumption patterns and business models . the programme should support the development of relevant information on markets , policy challenges , emerging issues and behaviours , and the publication of the union consumer scoreboards . ### the programme should aim to raise the awareness of consumers , businesses , civil society and authorities on union consumer and safety laws and to empower consumers and their representative organisations at national level and at the union level notably by supporting the bureau européen des unions de consommateurs which is the long established and recognised ngo representing consumer interests in relation to all relevant union policies , and the european association for the co - ordination of consumer representation in standardisation which represents consumers interest in relation to standardisation issues . in doing so , particular attention should be given to new market needs regarding the promotion of sustainable consumption and the prevention of vulnerabilities as well as challenges created by the digitisation of the economy or the development of new consumption patterns and business models , such as the collaborative economy and social entrepreneurship . the programme should support the development of relevant and exhaustive information on markets , policy challenges , emerging issues and behaviours , and the publication of the union consumer scoreboards .


### the programme should support national competent authorities , including those responsible for monitoring product safety , who cooperate notably via the union’s rapid alert system for dangerous products . it should also support the enforcement of directive 2001 / 95 / ec of the european parliament and of the council58 and regulation no 765 / 2008 regarding consumer protection and product safety , and the consumer protection cooperation network and international cooperation between the relevant authorities in third countries and in the union . the programme should also aim to ensure access for all consumers and traders to quality out of court dispute resolution and online dispute resolution and information on redress possibilities . ### the programme should support national competent authorities , including those responsible for monitoring product safety , who cooperate notably via the union’s rapid alert system for dangerous products . it should also support the enforcement of directive 2001 / 95 / ec of the european parliament and of the council58 and regulation no 765 / 2008 regarding consumer protection and product safety , and the consumer protection cooperation network and international cooperation between the relevant authorities in third countries and in the union . the programme should also promote information campaigns for consumer rights , in particular in cases of involving the purchase of products and services and in cases of fraud and unfair commercial practices , and should aim to ensure access for all consumers and traders to the process for participating in a class action , as well as to quality out of court dispute resolution and online dispute resolution and information on redress possibilities .


### the fitness check of union consumer and marketing law carried out by the commission in may 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws . as a result the commission adopted a ' new deal for consumers ' in april 2018 to ensure , inter alia , the equal treatment of consumers across the internal market in relation to dual quality standards , stronger enforcement capacities of member states , enhanced product safety , increased international cooperation and new possibilities for redress notably through representative actions by qualified entities . the programme should aim to support consumer policy with awareness raising and knowledge building , capacity building and exchange of best practices of the consumer organisations and consumer protection authorities , networking and development of market intelligence , strengthening the evidence base on the functioning of the internal market for consumers , it systems and communication tools , inter alia . ### the fitness check of union consumer and marketing law carried out by the commission in may 2017 exposed the need to better enforce rules and facilitate redress when consumers have been harmed by breaches to consumer laws . as a result the commission adopted a ' new deal for consumers ' in april 2018 to ensure , inter alia , the equal treatment of consumers across the internal market in relation to dual quality standards , stronger enforcement capacities of member states , enhanced product safety , including through effective , proportionate and dissuasive sanctions , increased international cooperation and new possibilities for redress notably through representative actions by qualified entities , and to bring standards up to date with the digital age by requiring platforms where products and services are sold or traded to be much more transparent to users about a range of key data . the programme should aim to support consumer policy with awareness raising and knowledge building , capacity building and exchange of best practices of the consumer organisations and consumer protection authorities , networking and development of market intelligence , strengthening the evidence base on the functioning of the internal market for consumers , it systems and communication tools , inter alia .


### the general objective of union law in the food chain area is to contribute to a high level of health for humans , animals and plants along the food chain , to support the improvement of the welfare of animals , to contribute to a high level of protection and information for consumers and a high level of protection of the environment , including the preservation of biodiversity , while improving the sustainability of european food and feed productions , increasing quality standards across the union , enhancing the competitiveness of the union food and feed industry and favouring the creation of jobs . ### the general objective of union law in the food chain area is to contribute to a high level of health for humans , animals and plants along the food chain , to support the improvement of the welfare of animals , to contribute to a high level of protection and information for consumers and a high level of protection of the environment , including the preservation of biodiversity , while improving the sustainability of european food and feed productions , increasing quality standards across the union , enhancing the competitiveness and the quality of the products of the union food and feed industry and favouring the creation of jobs .


### official controls carried out by the member states are an essential tool for verifying and monitoring that relevant union requirements are being implemented , complied with and enforced . the effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans , animals and plants along the food chain whilst ensuring a high level of protection of the environment and of animal welfare . union financial support should be made available for such control measures . in particular , a financial contribution should be available to union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the commission . moreover , since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of union law , the union should be able to contribute to their training and relevant exchange programmes organised by competent authorities . ### official controls carried out by the member states are an essential tool for verifying and monitoring that relevant union requirements are being implemented , complied with and enforced . the effectiveness and efficiency of official control systems is vital for maintaining a high level of safety for humans , animals and plants along the food chain whilst ensuring a high level of protection of the environment and of animal welfare , including upstream of industrial processes , while monitoring and minimising the impact of environmental determinants on human health , animal health and the food chain . union financial support should be made available for such control measures . in particular , a financial contribution should be available to union reference laboratories in order to help them bear the costs arising from the implementation of work programmes approved by the commission . moreover , since the effectiveness of official controls also depends on the availability to the control authorities of well trained staff with an appropriate knowledge of union law , the union should be able to contribute to their training and relevant exchange programmes organised by competent authorities .


### to ensure regular monitoring and reporting , a proper framework for monitoring the actions and results of the programme should be put in place from the very beginning . such monitoring and reporting should be based on indicators , measuring the effects of the actions under the programme against pre - defined baselines . ### to ensure regular monitoring and reporting , a proper framework for monitoring the actions and results of the programme should be put in place from the very beginning , including through the committees dealing with the individual work programmes . such monitoring and reporting should be based on indicators , measuring the effects of the actions under the programme against pre - defined baselines .