### 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 .


### member states should lay down rules on penalties for the infringements of this regulation and ensure that those rules are implemented . those penalties should be effective , proportionate and dissuasive . member states shall report the imposed penalties to the commission annually , to monitor the coherence of the implementation of these provisions . ### member states should lay down rules on penalties for infringements of this regulation and should ensure that those rules are implemented . those penalties should be effective , proportionate and dissuasive . member states should report the penalties imposed to the commission annually , to enable it to monitor the coherence of the implementation of the provisions concerning penalties .


### vehicles designed and constructed for use by the armed services , civil defence , fire services and forces responsible for maintaining public order ; ### vehicles designed and constructed for use by the armed services , civil defence , fire services , disaster management bodies and forces responsible for maintaining public order ;


### ‘ registration’ means the permanent or temporary administrative authorisation for the entry into service in road traffic of a vehicle , including the identification of the vehicle and the issuing of a serial number ; ### ‘ registration’ means the administrative authorisation for the entry into service in road traffic of a vehicle , involving its identification and the issuing to it of a serial number , to be known as the registration number , whether on a permanent or temporary basis or for a short period of time ;


### ‘ vehicle repair and maintenance information’ means all information required for diagnosing , servicing , inspecting , periodic monitoring , repairing , re - programming or re - initialising of a vehicle as well as for the fitting on vehicles of parts and equipment , and that is provided by the manufacturer to his authorised dealers and repairers , including all subsequent amendments and supplements to that information ; ### ‘ vehicle repair and maintenance information’ means all information that is required for diagnosing , servicing , inspecting , periodic monitoring , repairing , re - programming or re - initialising of a vehicle as well as for the fitting on vehicles of parts and equipment and for remote diagnostic support for vehicles , including all subsequent amendments and supplements to that information ;


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities and the quality of the type - approvals issued . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states , to the commission , to the forum for enforcement and exchange of information established by article 10 , and , in accordance with article 12 of directive 2016 / xxx on the reduction of national emissions of certain atmospheric pollutants and amending directive 2003 / 35 / ec , to the european clean air forum and to third parties upon request . the member state concerned shall make a full report of the results accessible to the general public , in particular as regards the number of type - approvals granted and rejected and the identity of the corresponding manufacturers and vehicle types .


### approval authorities shall carry out their duties independently and impartially . they shall observe confidentiality where necessary in order to protect commercial secrets , subject to the obligation of information laid down in article 9 in order to protect the interests of users in the union . ### approval authorities shall carry out their duties independently and impartially . they shall observe confidentiality where necessary in order to protect commercial secrets , unless their disclosure is in the public interest , subject to the obligation to provide information laid down in article 9 in order to protect the interests of users in the union .


### market surveillance authorities shall carry out their duties independently and impartially . they shall observe confidentiality where necessary in order to protect commercial secrets , subject to the obligation of information laid down in article 9 to the fullest extent necessary in order to protect the interests of users in the european union . ### market surveillance authorities shall carry out their duties independently and impartially . they shall observe confidentiality where necessary in order to protect commercial secrets , unless their disclosure is in the public interest , subject to the obligation to provide information laid down in article 9 to the fullest extent necessary in order to protect the interests of users in the union .


### approval authorities within a member state shall cooperate with each other by sharing information relevant to their role and functions . ### approval authorities within a member state shall put in place procedures to ensure efficient and effective coordination and information - sharing relevant to their role and functions .


### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information . ### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples that are representative of the number of vehicles in the member state concerned . when doing so , market surveillance authorities shall take account of established scientific principles and protocols of risk assessment , including complaints , the popularity of vehicle models and their parts , third - party testing results , very high or very low fuel consumption models , first application of a new engine or technology , reports from periodic technical inspections , sampling programmes using remote sensing and other information . market surveillance authorities shall follow up on substantiated complaints . for the purpose of verifying emissions from vehicles , market surveillance authorities may make use of remote sensing technology to help identify highly polluting vehicle models for further investigation . in doing so , the market surveillance authorities shall cooperate and coordinate their activities with authorities responsible for periodic technical inspections pursuant to directive 2014 / 45 / eu . when technical services are designated for the purpose of fulfilling the requirements of this article , market surveillance authorities shall ensure that a different technical service is used from the one performing tests for the purpose of the original type - approval .


### market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities . ### market surveillance authorities shall require economic operators to make the documentation and information , including technical specifications available as they consider necessary for the purpose of carrying out their activities . this shall include access to relevant software , algorithms , engine control units and any other technical specifications that may be necessary .


### market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of hazards they have identified relating to any vehicle , system , component and separate technical unit so as to prevent or reduce the risk of injury or other damage . ### market surveillance authorities shall take appropriate measures to alert users within an adequate timeframe of hazards they have identified relating to any vehicle , system , component or separate technical unit so as to prevent or reduce the risk of injury or other damage . this information shall be made available online in plain and understandable language .


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


### where more than one authority in a member state is responsible for market surveillance and external border controls , those authorities shall cooperate with each other , by sharing information relevant to their role and functions . ### where more than one authority in a member state is responsible for market surveillance and external border controls , those authorities shall put in place procedures to ensure efficient and effective coordination and information - sharing relevant to their role and functions .


### the commission shall organise and carry out , or require to be carried out , on an adequate scale , tests and inspections of vehicles , systems , components and separate technical units already made available on the market , with a view to verifying that those vehicles , systems , components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals . ### the european vehicle surveillance agency shall organise and carry out , or require to be carried out , on an adequate scale , tests and inspections of vehicles , systems , components and separate technical units already made available on the market , with a view to verifying that those vehicles , systems , components and separate technical units conform to the type - approvals and to applicable legislation , as well as to ensure the correctness of the type - approvals .


### 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 .


### for the purpose of enabling the commission to carry out the testing referred to in paragraphs 1 and 2 , member states shall make available to the commission all data related to the type - approval of the vehicle , systems , components and separate technical units subject to compliance verification testing . those data shall include at least the information included in the type - approval certificate and its attachments referred to article 26 . ### for the purpose of enabling the agency to carry out the testing referred to in paragraphs 1 , 1a and 2 , member states shall make available to the agency all data related to the type - approval of the vehicle , systems , components and separate technical units subject to compliance verification testing . those data shall include at least the information included in the type - approval certificate and its attachments as referred to in article 26 .


### the commission shall publish a report of its findings following any compliance verification testing it has carried out . ### the agency shall publish annual reports on its findings following any compliance verification testing it has carried out . those reports shall be accessible to the public and shall include information on the results of the tests carried out and on the vehicles , systems , components or separate technical units that are not in conformity , including the identity of the corresponding manufacturers .


### this forum shall be composed of members appointed by the member states . ### the forum shall be composed of members appointed by the member states and representatives of the commission . it shall include , as observers , representatives of technical services , third - party testing organisations , safety and environment ngos and consumer groups .


### the manufacturer shall , upon a reasoned request from a national authority , provide that authority , through the approval authority , with a copy of the eu type - approval certificate or the authorisation referred to in article 55 demonstrating conformity of the vehicle , system , component or separate technical unit , in a language that can be easily understood by the national authority . ### the manufacturer shall , upon a reasoned request from a national authority or the agency , provide it , through the approval authority , with a copy of the eu type - approval certificate or the authorisation referred to in article 55 demonstrating the conformity of the vehicle , system , component or separate technical unit , in a language that can be easily understood by the national authority concerned .


### have access to the information folder referred to in article 22 and the certificate of conformity referred to in article 34 in one of the official union languages . such documentation shall be made available to the approval authorities for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system , component or separate technical unit ; ### have access to the information folder referred to in article 22 and the certificate of conformity referred to in article 34 in one of the official union languages . such documentation shall be made available to the approval authorities and the market surveillance authorities for a period of ten years after the placing on the market of a vehicle and for a period of five years after the placing on the market for a system , component or separate technical unit ;


### following a reasoned request from an approval authority , provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle , system , component or separate technical unit ; ### following a reasoned request from an approval authority or the agency , provide it with all the information and documentation necessary to demonstrate the conformity of production of a vehicle , system , component or separate technical unit , including any technical specifications at type - approval , and access to software and algorithms as requested ;


### the approval authority shall , within one month of issuing or amending the eu type - approval certificate , send to the approval authorities of the other member states and the commission a copy of the eu type - approval certificate , together with the attachments , including the test reports referred to in article 23 , for each type of vehicle , system , component and technical unit that it has approved . that copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file . ### the approval authority shall , within one month of issuing or amending the eu type - approval certificate , send to the approval authorities of the other member states and the commission a copy of the eu type - approval certificate , together with the attachments described in annexes i and iii , including the test reports referred to in article 23 , for each type of vehicle , system , component and technical unit that it has approved . the attachments shall include at least data in respect of : - test vehicle mass / weights ; - test temperature ; - road load coefficients ; - non - essential equipment in use during testing ; - tyre details ; - vehicle - specific gear shift points ; - driver mode enabled during testing ; - aerodynamic drags ; - test vehicle rolling resistance ; - technical services used at each stage . that copy shall be sent by means of a common secure electronic exchange system or in the form of a secure electronic file .


### compliance with the technical requirements of this regulation and of the regulatory acts listed in annex iv shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in annex iv , performed by designated technical services . ### compliance with the technical requirements of this regulation and of the regulatory acts listed in annex iv shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in annex iv , performed solely and in full by designated technical services , by the relevant national authority or by the commission .


### in order to verify that a vehicle , system , component or separate technical unit conforms to the approved type , the approval authority that has granted the eu type - approval shall carry out checks or tests required for eu type - approval , on samples taken at the premises of the manufacturer , including production facilities . ### in order to verify that a vehicle , system , component or separate technical unit conforms to the approved type , the approval authority that has granted the eu type - approval shall carry out checks or tests required for eu type - approval on samples taken at random at the premises of the manufacturer , including production facilities or dealerships . those tests shall be carried out by a different technical service from the one that performed the original testing for the purpose of type - approval .


### an approval authority that has granted an eu type - approval and establishes that the manufacturer no longer produces the vehicles , systems , components or separate technical units in conformity with the approved type , or establishes that the certificates of conformity no longer comply with articles 34 and 35 , even though production is continued , shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly or withdraw the type - approval . ### where an approval authority that has granted an eu type - approval establishes that the manufacturer no longer produces the vehicles , systems , components or separate technical units in conformity with the approved type , or establishes that the certificates of conformity no longer comply with articles 34 and 35 , even though production is continued , it shall take the necessary measures to ensure that the procedure for conformity of production is followed correctly and immediately brought back into compliance , or shall withdraw the type - approval .


### member states shall establish a national fee structure to cover the costs for their type - approvals and market surveillance activities as well as for the type - approval testing and conformity of production testing and inspections carried out by the technical services they have designated . ### member states shall establish a national fee structure to cover the costs for their type - approval activities and market surveillance activities as well as for the type - approval testing and conformity of production testing and inspections carried out by the technical services they have designated . fees shall not be levied directly by the technical services . member states shall ensure that there is no conflict of interest between national type - approval or market surveillance authorities , technical services and manufacturers .


### those national fees shall be levied on the manufacturers who have applied for type - approval in the member state concerned . fees shall not be levied directly by technical services . ### the national fees in respect of type - approval activities shall be levied on the manufacturers who have applied for type - approval in the member state concerned . fees collected shall be exclusively used for the purpose of type - approval testing .


### the national fee structure shall also cover the costs for the compliance verification inspections and tests carried out by the commission in accordance with article 9 . these contributions shall constitute external assigned revenues for the general budget of the european union , according to art . 21 of the financial regulation26 . __________________ 26 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2015 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 . ### the national fees in respect of market surveillance activities shall also cover the costs for the compliance verification inspections and tests carried out by the agency in accordance with article 9 . these contributions shall constitute external assigned revenues for the general budget of the european union , in accordance with article 21 of the financial regulation26 . __________________ 26 regulation no 966 / 2012 of the european parliament and of the council of 25 october 2015 on the financial rules applicable to the general budget of the union and repealing council regulation no 1605 / 2002 .


### the commission may adopt implementing acts in order to define the top - up referred to in paragraph 3 to be applied to the national fees referred to in paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission may adopt implementing acts in order to define the top - up referred to in paragraph 3 to be applied to the national fees in respect of market surveillance activities referred to in paragraph 2a . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### type - approvals for vehicles systems , components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation . the expiry date shall be indicated in the type - approval certificate . after the expiry of the type - approval certificate , it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle , system , component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles , systems , components and separate technical units of that type . ### type - approvals for vehicles shall be verified after a period of four years following their first approval or previous verification . the verification shall be performed by the agency , using a different technical service from the one which performed the original approval . the verification of the type - approval certificate shall ascertain whether the type of vehicle complies with all the requirements of the relevant regulatory acts applied for all new vehicles of that type at that time .


### the person authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to fully engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production . ### the person authorised to sign certificates of conformity shall be employed by the manufacturer and shall be duly authorised to engage the legal responsibility of the manufacturer with respect to the design and the construction of the vehicle or to the conformity of its production .


### the approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough , and it shall communicate the remedies that it has approved to the approval authorities of the other member states and to the commission without delay . ### the approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough , and shall without delay communicate the remedies that it has approved to the approval authorities of the other member states , to the agency and to the commission and make publically available a full report of the evaluation findings and proposed remedies .


### the type - approval authority shall be established , organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services . ### the type - approval authority shall be established , organised and operated in such a way as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services or manufacturers .


### the outcome of the peer - review shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 on the basis of an assessment of this outcome carried out by the commission and issue recommendations . ### the outcome of the audit shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established by article 10 on the basis of an assessment of that outcome carried out by the commission and issue recommendations .


### the member states shall provide information to the commission and the other member states on how it has addressed the recommendations in the peer - review report . ### the member states shall provide information to the agency , the commission and the other member states on how it has addressed the recommendations contained in the audit report .


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


### a technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with article 72 . it shall demonstrate to the type approval authority that it has all of the following : ### a technical service shall be capable of carrying out all the activities for which it is applying to be designated in accordance with article 72 . it shall demonstrate to the type - approval authority , or , in the case of accreditation , to the national accreditation body , that it has all of the following :


### technical services may subcontract , with the agreement of their designating type - approval authority , some of the categories of activities for which they have been designated in accordance with article 72 , or have those activities carried out by a subsidiary . ### technical services may , with the agreement of their designating type - approval authority , or , in the case of accreditation , of the national accreditation body , subcontract some of the categories of activities for which they have been designated in accordance with article 72 , or have those activities carried out by a subsidiary .


### where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks , it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in articles 73 and 74 and it shall inform the type - approval authority thereof . ### where a technical service subcontracts specific tasks from the categories of activities for which it has been designated or has recourse to a subsidiary to perform those tasks , it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in articles 73 and 74 and shall inform the type - approval authority , or , in the case of accreditation , the national accreditation body , thereof .


### technical services shall keep at the disposal of the type - approval authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them . ### technical services shall keep at the disposal of the type - approval authority , or , in the case of accreditation , of the national accreditation body , the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the tasks performed by them .


### before designating a technical service , the type - approval authority shall assess it in accordance with an assessment check - list that covers at least the requirements listed in appendix 2 of annex v . the assessment shall include an on - site assessment of the premises of the applying technical service , and , where relevant , of any subsidiary or sub - contractor , located inside or outside the union . ### before designating a technical service , the type - approval authority , or , in the case of accreditation , the national accreditation body , shall assess it in accordance with a harmonised assessment check - list that covers at least the requirements listed in appendix 2 of annex v . the assessment shall include an on - site assessment of the premises of the applicant technical service , and , where relevant , of any subsidiary or sub - contractor , located inside or outside the union .


### representatives of the type - approval authorities of at least two other member states shall , in coordination with the type - approval authority of the member state in which the applicant technical service is established , and together with a representative of the commission , form a joint assessment team and participate in the assessment of the applicant technical service , including the on - site assessment . the designating type - approval authority of the member state where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service . ### representatives of the type - approval authorities of at least two other member states competent to assess technical services shall , in coordination with the type - approval authority , or , in the case of accreditation , the national accreditation body , of the member state in which the applicant technical service is established , and together with a representative of the agency and of the commission , form a joint assessment team and participate in the assessment of the applicant technical service , including the on - site assessment and observation at first hand of the actual type - approval tests . the designating type - approval authority , or , in the case of accreditation , the national accreditation body , of the member state where the applicant technical service is established shall give those representatives timely access to the documents necessary to assess the applicant technical service . in the case of in - house technical services , the joint assessment team shall be led by the representative of the agency .


### the type - approval authority shall continuously monitor the technical services to ensure compliance with the requirements set out in articles 72 to 76 , in articles 84 and 85 and in appendix 2 to annex v . ### the type - approval authority , or , in the case of accreditation , the national accreditation body , shall continuously monitor the technical services to ensure compliance with the requirements set out in articles 72 to 76 , in articles 84 and 85 and in appendix 2 of annex v .


### technical services shall , on request , supply all relevant information and documents , required to enable that type - approval authority to verify compliance with those requirements . ### technical services shall , on request , supply all relevant information and documents required to enable that type - approval authority , or , in the case of accreditation , the national accreditation body , to verify compliance with those requirements .


### technical services shall , without delay , inform the type - approval authority of any changes , in particular regarding their personnel , facilities , subsidiaries or subcontractors , which may affect compliance with the requirements set out in articles 72 to 76 , in articles 84 and 85 and in appendix 2 to annex v , or their ability to perform the conformity assessment tasks relating to the vehicles , systems , components and separate technical units for which they have been designated . ### technical services shall , without delay , inform the type - approval authority , or , in the case of accreditation , the national accreditation body , of any changes , in particular regarding their personnel , facilities , subsidiaries or subcontractors , which may affect compliance with the requirements set out in articles 72 to 76 , in articles 84 and 85 and in appendix 2 of annex v , or their ability to perform the conformity assessment tasks relating to the vehicles , systems , components and separate technical units for which they have been designated .


### the commission shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this regulation . it may also commence such investigations on its own initiative . ### the commission , working in conjunction with the type - approval authority of the member state concerned , shall investigate all cases where concerns have been brought to its attention regarding the competence of a technical service or the continued compliance by a technical service with the requirements and responsibilities to which it is subject under this regulation . it may also commence such investigations on its own initiative .


### the commission shall consult the type - approval authority of the member state where the technical service is established as part of the investigation referred to in paragraph 1 . the type - approval authority of that member state shall provide the commission , upon request , with all relevant information relating to the performance and the compliance with the requirements concerning independence and competence of the technical service concerned . ### the commission shall cooperate with the type - approval authority of the member state where the technical service is established as part of the investigation referred to in paragraph 1 . the type - approval authority of that member state shall provide the commission , upon request , with all relevant information relating to the performance of the technical service concerned and its compliance with the requirements concerning independence and competence .


### the power to adopt delegated acts referred to in article 4 , article 5 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in article 4 , article 5 , article 8 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation .


### the delegation of power referred to in article 4 , article 5 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 4 , article 5 , article 8 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 4 , article 5 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to article 4 , article 5 , article 8 , article 10 , article 22 , article 24 , article 25 , article 26 , article 28 , article 29 , article 34 , article 55 and , article 56 , article 60 , article 65 , article 76 and article 90 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### member states shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the articles of this regulation , in particular articles 11 to 19 and 72 to 76 , 84 and 85 and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . ### member states shall lay down the rules on penalties for infringement by economic operators and technical services of their obligations laid down in the articles of this regulation , in particular articles 11 to 19 and 72 to 76 , 84 and 85 , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . in particular , the penalties shall be proportionate to the number of non - compliant vehicles registered in the market of the member state concerned , or the number of non - compliant systems , components or separate technical units made available on the market of the member state concerned .


### the administrative fines imposed by the commission shall not be in addition to the penalties imposed by the member states in accordance with article 89 for the same infringement and shall not exceed eur 30 000 per non - compliant vehicle , system , component or separate technical unit . ### the administrative fines imposed by the commission may be in addition to the penalties imposed by the member states in accordance with article 89 for the same infringement but shall not exceed eur 30 000 per non - compliant vehicle , system , component or separate technical unit .


### since the new procedure is triggered by a decision of a competent data protection supervisory authority , it should be possible for the european political party or european political foundation concerned to request that the sanction be reviewed if the decision of the supervisory authority is repealed or a remedy against that decision is successful . ### since the new procedure is triggered by a decision of a competent data protection supervisory authority , it should be possible for the european political party or european political foundation concerned to be heard before that decision is delivered and to request that the sanction be reviewed if the decision of the supervisory authority is repealed or a remedy against that decision is successful .


### if the authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision , or where there are otherwise reasonable grounds to believe , that the infringement is linked to political activities by a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . _________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , . ### a european political party or a european political foundation shall not influence or attempt to influence the outcome of elections to the european parliament by taking advantage of an infringement , by a natural or legal person , of the applicable rules on the protection of personal data . this paragraph shall only apply if a supervisory authority of a member state , within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 , has established , by an enforceable decision , that an infringement of the applicable rules on data protection has occurred . 2 . when the authority becomes aware of a conduct covered by the first paragraph , and is notified the enforceable decision of the supervisory authority referred to in that first paragraph , it shall refer this matter to the committee of independent eminent persons established by article 11 without undue delay and no later than 3 months after that notification . the committee shall give an opinion , within a short , reasonable deadline set by the authority , as to whether or not the european political party or european political foundation concerned has violated paragraph 1 . having regard to the committee ' s opinion , the authority shall decide , pursuant to article 27 , whether to impose financial sanctions on the european political party or european political foundation concerned . the decision of the authority shall be duly reasoned , in particular with regard to the committee’s opinion , and shall be published expeditiously . _________________ 17 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec , .


### where , in accordance with article 10a , the committee issues an opinion finding that a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on the protection of personal data . ; ### where a european political party or european political foundation has violated article 10a”


### where a decision of the supervisory authority as referred to in article 10a has been repealed or where a remedy against such decision has been successful , the authority shall review any sanction imposed pursuant to point of paragraph 2 at the request of the european political party or european political foundation concerned . ### where a decision of the national supervisory authority as referred to in article 10a has been definitively repealed or where a remedy against such decision has been successful and is final , the authority shall review any sanction imposed pursuant to point of paragraph 2 at the request of the european political party or european political foundation concerned .


### proposal for a regulation of the european parliament and of the council establishing the asylum and migration fund ### proposal for a regulation of the european parliament and of the council establishing the asylum , migration and integration fund


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . these powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council29 . the examination procedure should be used for implementing acts that lay down common obligations on member states , in particular on the provision of information to the commission , and the advisory procedure should be used for the adoption of implementing acts relating to the arrangements for providing information to the commission in the framework of programming and reporting , given their purely technical nature . _________________ 29 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission . the delegated acts presented by the commission must enable the council and the parliament to be assured of full transparency regarding expenditure of european funds . these powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council29 . the examination procedure should be used for implementing acts that lay down common obligations on member states , in particular on the provision of information to the commission , and the advisory procedure should be used for the adoption of implementing acts relating to the arrangements for providing information to the commission in the framework of programming and reporting , given their purely technical nature . _________________ 29 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### an action that has received a contribution under the fund may also receive a contribution from any other union programme , including funds under shared management , provided that the contributions do not cover the same costs . the rules of each contributing union programme shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support . ### an action that has received a contribution under the fund may also receive a contribution from any other union programme , including funds under shared management , provided that the contributions do not cover the same costs . the programmes presented by the commission shall interact and complement each other and be drawn up with the necessary degree of transparency to avoid any duplication . the rules of each contributing union programme shall apply to its respective contribution to the action . the cumulative funding shall not exceed the total eligible costs of the action and the support from the different union programmes may be calculated on a pro - rata basis in accordance with the documents setting out the conditions for support .


### the following criteria in the area of countering irregular migration including returns will be taken into account and shall be weighted as follows : ### the following criteria in the area of countering irregular migration including voluntary and enforced returns will be taken into account and shall be weighted as follows :


### preparation of return , including measures leading to the issuing of return decisions , the identification of third - country nationals , the issuing of travel documents and family tracing ; ### preparation of voluntary and enforced return , including measures leading to the issuing of return decisions , the identification of third - country nationals , the issuing of travel documents and family tracing ;


### cooperation with third countries on countering irregular migration and on effective return and readmission , including in the framework of the implementation of readmission agreements and other arrangements ; ### cooperation with third countries on countering irregular migration and on effective return and readmission , in both voluntary and enforced cases , including in the framework of the implementation of readmission agreements and other arrangements ;


### the limit values should be revised when necessary in the light of scientific data . ### to improve the efficiency and effectiveness of eu worker protection framework provisions , the limit values should be revised regularly in the light of available scientific and technical data concerning carcinogens or mutagens ; consideration should also be given to improving measurement techniques , risk management measures , and other relevant factors .


### the scientific committee on occupational exposure limits assists the commission , in particular , in evaluating the latest available scientific data and in proposing occupational exposure limits for the protection of workers from chemical risks , to be set at eu level pursuant to council directive 98 / 24 / ec47 and directive 2004 / 37 / ec . for the chemical agents o - toluidine and 2 - nitropropane , there were no committee recommendations available and other sources of scientific information , adequately robust and in the public domain , were considered . 48 , 49 __________________ 47 council directive 98 / 24 / ec of 7 april 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work of directive 89 / 391 / eec ) . 48 http : / / monographs . iarc . fr / eng / monographs / vol77 / mono77 - 11 . pdf http : / / monographs . iarc . fr / eng / monographs / vol99 / mono99 - 15 . pdf and http : / / monographs . iarc . fr / eng / monographs / vol100f / mono100f - 11 . pdf 49 http : / / monographs . iarc . fr / eng / monographs / vol1 - 42 / mono29 . pdf and http : / / monographs . iarc . fr / eng / monographs / vol71 / mono71 - 49 . pdf ### the scientific committee on occupational exposure limits assists the commission , in particular , in identifying , evaluating and analysing in detail the latest available scientific data and in proposing occupational exposure limits for the protection of workers from chemical risks , to be set at eu level pursuant to council directive 98 / 24 / ec47 and directive 2004 / 37 / ec . for the chemical agents o - toluidine and 2 - nitropropane , there were no committee recommendations available and other sources of scientific information , adequately robust and in the public domain , were considered . 48 , 49 __________________ 47 council directive 98 / 24 / ec of 7 april 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work of directive 89 / 391 / eec ) . 48 http : / / monographs . iarc . fr / eng / monographs / vol77 / mono77 - 11 . pdf http : / / monographs . iarc . fr / eng / monographs / vol99 / mono99 - 15 . pdf and http : / / monographs . iarc . fr / eng / monographs / vol100f / mono100f - 11 . pdf 49 http : / / monographs . iarc . fr / eng / monographs / vol1 - 42 / mono29 . pdf and http : / / monographs . iarc . fr / eng / monographs / vol71 / mono71 - 49 . pdf


### there is sufficient evidence of the carcinogenicity of respirable crystalline silica dust . on the basis of available information , including scientific and technical data , a limit value for respirable crystalline silica dust should be established . respirable crystalline silica dust generated by a work process is not subject to classification in accordance with regulation no 1272 / 2008 of the european parliament and of the council . 50 it is therefore appropriate to include work involving exposure to respirable crystalline silica dust generated by a work process in annex i to directive 2004 / 37 / ec and to establish a limit value for respirable crystalline silica dust . __________________ 50 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . ### there is sufficient specific and conclusive evidence of the carcinogenicity of respirable crystalline silica dust . on the basis of available information , including scientific and technical data , a limit value for respirable crystalline silica dust should be established . respirable crystalline silica dust generated by a work process is not subject to classification in accordance with regulation no 1272 / 2008 of the european parliament and of the council . 50 it is therefore appropriate to include work involving exposure to respirable crystalline silica dust generated by a work process or other related process in annex i to directive 2004 / 37 / ec and to establish a limit value for respirable crystalline silica dust . __________________ 50 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures .


### the limit values set out in annex iii to directive 2004 / 37 / ec for vinyl chloride monomer and hardwood dusts should be revised in the light of more recent scientific data . ### to ensure the observance and application of the precautionary principle regarding the health and safety of workers , consumers and the environment , the limit values set out in annex iii to directive 2004 / 37 / ec for vinyl chloride monomer and hardwood dusts must be revised in the light of more recent scientific data .


### given that the present act concerns the workers ' health at their workplace , the deadline for transposition should be two years . ### given that the present act concerns in particular the protection of workers ' health and safety at their workplace , the deadline for transposition should not be later than two years from the date of entry into force of this directive .


### 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 . ### 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 , such as identification confirmation , where there is risk that the security and integrity of the system or databases where the works or other subject - matter are hosted might 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 .


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


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


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


### 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 mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the relevant collective management organisation , in accordance with their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation .


### for the purpose of those licensing mechanisms , a rigorous and well - functioning collective management system is important . that system includes in particular rules of good governance , transparency and reporting , as well as the regular , diligent and accurate distribution and payment of amounts due to individual rightholders , as provided for by directive 2014 / 26 / eu . additional appropriate safeguards should be available for all rightholders , who should be given the opportunity to exclude the application of such mechanisms to their works or other subject - matter . conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions . ### for the purpose of those licensing mechanisms , a rigorous and well - functioning collective management system is important and should be encouraged by the member states . that system includes in particular rules of good governance , transparency and reporting , as well as the regular , diligent and accurate distribution and payment of amounts due to individual rightholders , as provided for by directive 2014 / 26 / eu . additional appropriate safeguards should be available for all rightholders , who should be given the opportunity to exclude the application of such mechanisms to their works or other subject - matter . conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions .


### 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 , relevant rights are consolidated with the producer by law or by contract . in order to promote cultural diversity and the availability of works on video - on - demand platforms , this directive requires member states to set up a facilitation mechanism allowing relevant parties willing to conclude an agreement for the licensing of audiovisual works to video - on - demand platforms to rely on the assistance of an impartial body . the body should meet with the relevant parties and facilitate the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the facilitation 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 facilitation 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 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 , managed by a designated existing or newly established national body , allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . where the negotiation involves parties from different member states , they should agree beforehand on the member state competent should the negotiation mechanism be required at some point in their negotiation . 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 division of any costs arising . 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 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 . however , 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 transparency and balance in the system that governs the remuneration of authors and performers .


### 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 long - term in nature , 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 right for cases where it is demonstrated that the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant net revenues 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 .


### 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 as bringing a legal action can entail significant costs and may have an adverse effect on their capacity to seek contractual relationships in future . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . such a mechanism should be open for individual or collective claims , brought either directly by the authors and performers concerned or through an organisation acting on their behalf .


### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content . it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the exploitation of works and other subject - matter . ### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content and the need for a high level of protection of intellectual property . it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the exploitation of works and other subject - matter .


### on a non - for - profit basis or by reinvesting all the profits in its scientific research ; or ### on a not - for - profit basis or by reinvesting all the profits in its scientific research ; or


### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market . ### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that adequate licences authorising at least the acts described in paragraph 1 are easily available on the market and tailored to the needs and specificities of educational establishments .


### member states shall provide that appropriate publicity measures are taken regarding : ### member states shall provide that appropriate publicity measures , such as a single portal , are taken regarding :


### including during a reasonable period of time before the works or other subject - matter are digitised , distributed , communicated to the public or made available . ### including for a reasonable period of time before the works or other subject - matter are digitised , distributed , communicated to the public or made available .


### 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 , sector - specific dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to 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 assist in the establishment of the requirements referred to in the second subparagraph of article 7 , in particular regarding the representativeness of collective management organisations and the categorisation of works .


### negotiation mechanism ### support for the availability of audiovisual works


### 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 facilitate the availability of audiovisual works on video - on - demand platforms by ensuring 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 . the body created or designated by the member state for the purposes of this article 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 body with relevant experience . that body shall provide assistance with negotiation and help reach agreements . ### member states shall ensure that where relevant 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 facilitation of an impartial body with relevant experience . that body shall provide assistance with negotiation with a view to the conclusion of mutually acceptable agreements .


### member states shall provide publishers of press publications with the rights provided for in article 2 and article 3 of directive 2001 / 29 / ec for the digital use of their press publications . ### member states shall provide publishers of press publications with the rights provided for in article 2 and article 3 of directive 2001 / 29 / ec for the digital use of their press publications by a party using such press publications for commercial purposes .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### digital content platform providers shall enter into a fair licensing agreement with any requesting rightholder , provided that the category of works covered by the rightholder represents a significant amount of the content displayed on the platform . under the terms of the agreement concluded with rightholders , digital content platform providers shall take measures to ensure the functioning of these agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the platform providers or to authorise by default all content uploaded by a user specified at any point by the rightholder . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the platform providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . rightholders shall provide the platform provider with the relevant and necessary elements to ensure the proper functioning of the measures deployed by the provider in application of this article .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and make available to the public copyright protected works or other subject - matter , uploaded by their users , going beyond the mere technical , automatic and passive provision of physical facilities , shall be obliged to conclude licensing agreements with rightholders . those service providers shall not benefit from the liability exemption provided for in article 14 of directive 2000 / 31 / ec of the european parliament and of the council . where information society service providers are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec , they shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter and to prevent the availability on their services of works or other protected subject - matter . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . all the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter .


### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 . ### member states shall ensure that the platform providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 , in particular regarding the possible application of an exception or limitation to the content concerned . when such a mechanism is activated , any remuneration accruing from the disputed content during the course of the procedure shall not be distributed to either party until such time as the dispute has been resolved under the mechanism .


### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . ### member states shall facilitate , where appropriate , cooperation between the digital content platform providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , inter alia , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . in cooperation with the member states , the commission shall encourage the exchange of best practices across the union regarding the results of any cooperation established pursuant to this article .


### 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 at least once a year and taking into account the specificities of each sector , timely , adequate , accurate 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 , promotional activities undertaken , revenues generated and remuneration due .


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


### following the communication setting out a european vision of internet connectivity for the digital single market and in order to promote digital inclusion , the union should support the provision of free local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public , through targeted support . such support is so far not covered by regulations no 1316 / 201315 and no 283 / 201416 . _________________ 15 regulation no 1316 / 20136 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 20 . 12 . 2013 , p . 129 , as last amended by regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 , oj l 169 , 1 . 7 . 2015 , p . 1 . 16 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec , oj l 86 , 21 . 3 . 2014 , p . 14 . ### following the communication setting out a european vision of internet connectivity for the digital single market and in order to promote digital inclusion , the union should support the provision of free and safe local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public , as well as in public transport facilities and vehicles , through targeted support . such support is so far not covered by regulations no 1316 / 201315 and no 283 / 201416 . _________________ 15 regulation no 1316 / 20136 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 20 . 12 . 2013 , p . 129 , as last amended by regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 , oj l 169 , 1 . 7 . 2015 , p . 1 . 16 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec , oj l 86 , 21 . 3 . 2014 , p . 14 .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and , especially , local and regional authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , providers of public transport and public transport infrastructure , such as stations or terminals , libraries , universities , schools , hospitals and healthcare centers .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free and safe local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , providers of public transport facilities and vehicles , libraries and hospitals .


### actions in the field of providing free local wireless connectivity in local communities shall be funded by union financial assistance up to 100 % of the eligible costs , without prejudice to the co - financing principle . ### actions in the field of providing free and safe local wireless connectivity in local communities shall be funded by union financial assistance up to 100 % of the eligible costs , without prejudice to the co - financing principle .


### support the provision of free local wireless connectivity in local communities . ### support the provision of free and safe local wireless connectivity in local communities .


### action contributing to the projects of common interest in the field of providing free local wireless connectivity in local communities shall be supported by : ### action contributing to the projects of common interest in the field of providing free and safe local wireless connectivity in local communities shall be supported by :


### actions contributing to projects of common interest in the field of providing free local wireless connectivity in local communities shall meet conditions set out in section 4 in the annex . ### actions contributing to projects of common interest in the field of providing free and safe local wireless connectivity in local communities shall meet conditions set out in section 4 in the annex .


### actions aiming at the provision of free local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public that play a major role in the public life of local communities , shall be eligible for financial assistance . ### actions aiming at the provision of free local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public that play a major role in the local public transport systems and the wider public life of local communities , shall be eligible for financial assistance .


### actions aiming at the provision of free local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public that play a major role in the public life of local communities , shall be eligible for financial assistance . ### actions aiming at the provision of free and safe local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public that play a major role in the public life of local communities , shall be eligible for financial assistance .