### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended national flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band . ### in his report to the commission , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended a ' flexibility option ' involving studying scenarios that allow spectrum in the sub - 700 mhz frequency band to be used for downlink - only electronic communications services in cases where there is no or declining demand for dtt at national level . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . such scenarios should guarantee continued access to spectrum for dtt as the primary user , subject to national demand . this calls for timely study , adoption and dissemination of a harmonised union approach to supplemental downlink and its co - existence with terrestrial broadcasting services in order to preserve the specificities of the european audiovisual model and at the same time open the door to innovation and new services . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band .


### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use . ### by 31 december 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . member states may however decide , on the basis of reasonable grounds , to delay the availability of the band for up to two years maximum . where a member state decides to delay the availability of the band , it shall inform other member states and the commission accordingly . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### each member state shall ensure the availability of the 470 - 694 mhz frequency band or parts of the band until 2030 , for operators managing the terrestrial provision of audiovisual media services to mass audiences , including free television , for use by wireless audio pmse equipment , based on national broadcasting needs . operators shall have the right to fully manage their licences , including the right to trade and share . in this regard , member states shall promote cooperation between broadcasters , broadcasting operators and mobile operators in order to facilitate convergence of audiovisual and internet platforms and shared spectrum use . each member state shall ensure that any other use of the 470 - 694 mhz frequency band on its territory is compatible with its national broadcasting needs and does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state .


### when member states authorise the use of the 694 - 790 mhz frequency band or amend existing rights to use the 694 - 790 mhz frequency band , they shall take all necessary measures to ensure a high - quality level of coverage of their population and territory at speeds of at least 30 mb / s , both indoors and outdoors , including in pre - determined national priority areas where necessary , and along major terrestrial transport paths . such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with union law . ### when member states authorise the use of the 694 - 790 mhz frequency band or amend existing rights to use the 694 - 790 mhz frequency band , they shall take all necessary measures to ensure a high - quality level of coverage of all their population and at least 97% of their territory , at the fastest possible broadband speeds , and at least 30 mb / s both indoors and outdoors , including in pre - determined national priority areas where necessary , and along major terrestrial transport paths , for the purpose of allowing wireless applications and european leadership in new digital services to contribute effectively to union economic growth . in addition , member states shall take due account of the opportunity to ensure that wholesale access to spectrum ) is possible and to increase the geographical coverage of their territory . this may include the ability for an mvno to exist in all networks , and measures aimed at wholesale services and explicit requirements on geographical coverage to a specific licence . such measures may explicitly include conditions facilitating or encouraging sharing network infrastructure of spectrum in compliance with union law .


### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services . ### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 694 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec of the european parliament and of the council27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services ( oj l 108 , 24 . 04 . 2002 , p . 21 .


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### member states shall as soon as possible after the date of entry into force of this decision , but no later than 30 june 2018 , adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . in the event that a member state delays allowing use of the 700 mhz frequency band beyond 30 june 2020 , the national roadmap shall include proper and clear justifications . the rspg and the commission shall issue an opinion on any national roadmap envisaging such a delay .


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2022 . this would be in conjunction with ensuring long - term availability at least until the end of 2030 of the sub - 700 mhz frequency band for terrestrial broadcasting and for use by wireless audio pmse equipment . the rspg recognises the importance of the dtt platform and the need to provide certainty for investments in broadcasting infrastructure . therefore , the rspg recommends that the frequency band 470 - 694 mhz remain available for dtt in the foreseeable future , at least until the end of 2030 .


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


### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services ### the scope and mechanism of possible compensation for completing the transition in spectrum use within the 470 - 790 mhz frequency band should be analysed in accordance with the relevant national provisions as provided by article 14 of directive 2002 / 20 / ec27 , and have to be consistent with the provisions of articles 107 and 108 tfeu . in this regard , given the high value of the band for wireless broadband use , member states should take advantage of revenues from award procedures or other fees , which could be expected to significantly exceed migration costs . the commission should provide guidance to member states on adequate and prompt compensation , in order to facilitate the transition in spectrum use . member states should , in particular , take into account the importance of prompt compensation for end - users . __________________ 27 directive 2002 / 20 / ec of the european parliament and of the council of 7 march 2002 on the authorisation of electronic communications networks and services


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


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


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


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


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


### the type - approval authority shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks foreseen by this regulation ### the type - approval authority shall have a sufficient number of competent personnel and resources at its disposal for the proper performance of the tasks provided for by this regulation .


### the type - approval authority shall be peer - reviewed by two type - approval authorities of other member states every two years . ### the type - approval authority shall be audited every three years , in accordance with article 10 , by the forum´s standing committee of auditors to ensure that it complies with the requirements of this regulation and that it carries out its duties in an independent and rigorous manner . the forum may initiate audits of a type - approval authority more frequently if there is reason to believe that additional reviews of that type - approval authority are necessary .


### 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 other 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 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 commission may require .


### its advisory tasks shall comprise inter alia the promotion of good practices , the exchange of information on enforcement problems , cooperation , development of working methods and tools , development of an electronic information exchange procedure , evaluation of harmonised enforcement projects , penalties and joint inspections . ### its tasks shall comprise : contributing to the promotion of good practices aimed at ensuring effective and harmonised implementation of this regulation , in particular regarding the assessment , designation and monitoring of designated bodies and the general application of the requirements laid down in this regulation , and including consideration of evidence or other information requested from relevant third parties ; assisting the competent authorities of the member states in market surveillance activities , including coordination of national market surveillance activities , on either a regional or a pan - european basis ; carrying out joint audits of the national type - approval authorities every three years to verify their compliance with the requirements of this regulation and to check that they are carrying out their duties in an independent and rigorous manner . those audits shall include a verification of the national type - approval procedures put in place , a random sample check of the type - approvals issued and an on - site visit to a technical service under the responsibility of the reviewed authority . the agency may participate in those audits and may base it decision whether or not to participate on the basis of a risk - assessment analysis ; assessing the results of reviews of the functioning of market surveillance activities and making general recommendations on the basis of one or more such reviews ; assessing the results of assessments , both under article 80 and following a joint assessment under article 80 , of the functioning of technical services and making general recommendations on the basis one or more such assessments ; assessing the effectiveness of enforcement activities , including , where relevant , the consistency and effectiveness of any repair , recall or penalty applied by member states where the vehicles , systems , components or separate technical units affected by the non - compliance have been placed on the market in more than one member state , and , where requested by the commission , making general recommendations arising from such an assessment . that assessment shall be undertaken at least every two years .


### 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 .


### the eu type - approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements . verification shall include a documentary check of all requirements covered by an eu type - approval for an incomplete type of vehicle granted in the course of a multi - stage procedure , even where granted for a different category of vehicle . ### the eu type - approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets , at the time of the approval , all applicable technical requirements . verification shall include a documentary check of all requirements covered by an eu type - approval for an incomplete type of vehicle granted in the course of a multi - stage procedure , even where granted for a different category of vehicle . it shall also include verification that performance of the systems that were granted type - approval separately are still in conformity with said type - approvals when incorporated into a whole vehicle .


### member states shall take the necessary measures to ensure that market surveillance authorities may , where they consider it necessary and justified , be entitled to enter the premises of economic operators and seize the necessary samples of vehicles , systems , components and separate technical units for the purposes of compliance testing . ### member states shall take the necessary measures to ensure that market surveillance authorities are able , where they consider it necessary and justified , to enter the premises of economic operators without prior notice and seize the necessary samples of vehicles , systems , components and separate technical units for the purposes of compliance testing . the owner of the vehicle shall be compensated for costs connected with those tests .


### 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 .


### 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 .


### forum for exchange of information on enforcement ### forum for enforcement and exchange of information


### an in - house technical service does not need to be notified to the commission for the purposes of article 78 , but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type - approval authority at the request of that authority . ### an in - house technical service shall be notified to the commission in accordance with article 78 .


### the commission may adopt implementing acts to lay down the common criteria to appoint , review and assess the approval authorities at national level . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission is empowered to adopt delegated acts in accordance with article 88 supplementing this regulation by laying down common criteria for the appointment , review and assessment of approval authorities at national level .


### the approval authority and technical services shall have access to the software and algorithms of the vehicle . ### the approval authority and technical services shall have access to the safety and emissions - related software and hardware and to algorithms of the vehicle , and shall be given appropriate insight into the system development process of the software and hardware concerned , while taking into account their respective duties .


### 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 , systems , components and separate technical units shall be issued for a limited period of eight 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 shall be reissued unchecked , upon application by the manufacturer , only where the approval authority has verified that there have been no changes to the type of vehicle , system , component and separate technical unit concerned and 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 .


### the commission may adopt implementing acts to lay down the common criteria to appoint , review and assess the approval authorities at national level . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission shall adopt implementing acts laying down the common criteria for the appointment , review and assessment of the approval authorities at national level . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties . the commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication , subject to the protection of commercial secrets and the preservation of personal data pursuant to union and national legislation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties . those data shall comprise , in particular , parameters and settings that are necessary in order to accurately replicate test conditions that were applied at the time of the type - approval testing . the commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication , subject to the protection of commercial secrets and the preservation of personal data pursuant to union and national legislation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### 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 commission shall organise and carry out , or require to be carried out , in accordance with article 8 , 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 . where those tests and inspections are carried out by a technical service , they shall not be performed by the same technical service as that used to perform the original type - approval tests .


### where vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , or are not in conformity with this regulation or were approved on the basis of incorrect data , the approval authorities , market surveillance authorities or the commission may take the necessary restrictive measures in accordance with article 21 of regulation no 765 / 2008 , to prohibit or restrict the making available on the market , registration or entry into service on the market of non - compliant vehicles , systems , components or separate technical units , or to withdraw them from that market or to recall them , including the withdrawal of the type - approval by the approval authority that granted the eu type - approval , until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles , systems , components or separate technical units are brought into conformity . ### where vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , or are not in conformity with this regulation or were approved on the basis of incorrect data , the approval authorities , market surveillance authorities or the commission shall take the necessary restrictive measures in accordance with article 21 of regulation no 765 / 2008 to prohibit or restrict the making available on the market , registration or entry into service on the market of non - compliant vehicles , systems , components or separate technical units , or to require them to be withdrawn from that market or recalled , including the withdrawal of the type - approval by the approval authority that granted the eu type - approval , until the relevant economic operator has taken all appropriate corrective measures to ensure that the vehicles , systems , components or separate technical units in question are brought into conformity .


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states and the commission and to third parties upon request . the member state concerned shall make a summary of the results accessible to the public ; these shall indicate , in particular , the vehicles , systems , components or separate technical units that are not in compliance with this regulation , and the correctness of the type - approvals and the identity of the corresponding approval authorities , manufacturers and vehicle types .


### 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 . in particular , they shall , as regards administrative , technical and financial arrangements , act fully independently , and there shall be a strict separation between them and type - approval authorities , technical services and manufacturers . they shall observe confidentiality where necessary in order to protect commercial secrets , 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 .


### 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 .


### its advisory tasks shall comprise inter alia the promotion of good practices , the exchange of information on enforcement problems , cooperation , development of working methods and tools , development of an electronic information exchange procedure , evaluation of harmonised enforcement projects , penalties and joint inspections . ### its tasks shall comprise : contributing to the promotion of good practices aimed at ensuring effective and harmonised implementation of this regulation , in particular regarding the assessment , designation and monitoring of designated bodies and the general application of the requirements laid down in this regulation , and including consideration of evidence or other information requested from relevant third parties ; assisting the competent authorities of the member states in market surveillance activities , including coordination of national market surveillance activities , on either a regional or a pan - european basis ; carrying out joint audits of the national type - approval authorities every three years to verify their compliance with the requirements of this regulation and to check that they are carrying out their duties in an independent and rigorous manner . those audits shall include a verification of the national type - approval procedures put in place , a random sample check of the type - approvals issued and an on - site visit to a technical service under the responsibility of the reviewed authority . the agency may participate in those audits and may base it decision whether or not to participate on the basis of a risk - assessment analysis ; assessing the results of reviews of the functioning of market surveillance activities and making general recommendations on the basis of one or more such reviews ; assessing the results of assessments , both under article 80 and following a joint assessment under article 80 , of the functioning of technical services and making general recommendations on the basis one or more such assessments ; assessing the effectiveness of enforcement activities , including , where relevant , the consistency and effectiveness of any repair , recall or penalty applied by member states where the vehicles , systems , components or separate technical units affected by the non - compliance have been placed on the market in more than one member state , and , where requested by the commission , making general recommendations arising from such an assessment . that assessment shall be undertaken at least every two years .


### where an approval authority or market surveillance authority finds that vehicles , systems , components or separate technical units are not in conformity with this regulation or that the type - approval has been granted on the basis of incorrect data or that vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , it may take all appropriate restrictive measures in accordance with article 53 . ### where an approval authority or market surveillance authority finds that vehicles , systems , components or separate technical units are not in conformity with this regulation or that the type - approval has been granted on the basis of incorrect data or that vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , it shall take all appropriate restrictive measures in accordance with article 53 .


### the eu type - approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements . verification shall include a documentary check of all requirements covered by an eu type - approval for an incomplete type of vehicle granted in the course of a multi - stage procedure , even where granted for a different category of vehicle . ### the eu type - approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets , at the time of the approval , all applicable technical requirements . verification shall include a documentary check of all requirements covered by an eu type - approval for an incomplete type of vehicle granted in the course of a multi - stage procedure , even where granted for a different category of vehicle . the authority approving the vehicle in its final stage shall be responsible for ensuring that the completed vehicle fulfils all the requirements , and shall , where necessary , repeat original tests to verify that the performance of systems and components that were approved separately is still in conformity with those type - approvals when incorporated into a completed vehicle .


### 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 :


### member states shall organise and carry out market surveillance and controls of vehicles , systems , components or separate technical units entering the market , in accordance with chapter iii of regulation no 765 / 2008 . ### member states shall organise and carry out market surveillance and controls of vehicles , systems , components or separate technical units entering the market , in accordance with chapter iii of regulation no 765 / 2008 . member states may decide to carry out joint market surveillance activities for the purposes set out in article 8 of this regulation .


### 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 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 .


### an effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens’ confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to assure their consistent application . the assessment methods of technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states’ practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . ### effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production , by giving better access to information , by firmly framing optimisation techniques during lab testing , by paying particular attention to the risk of illegal defeat devices the use of which is forbidden by regulation no 715 / 2007 of the european parliament and of the council1a , by providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens’ confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to assure their consistent application . the assessment methods of technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states’ practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . ___________________ 1aregulation no 715 / 2007 of the european parliament and of the council of 20 june 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles and on access to vehicle repair and maintenance information .


### 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 .


### 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 , .


### the establishment and development of national strategies in asylum , legal migration , integration , return and irregular migration ; ### the establishment and development of national strategies in asylum , legal migration , integration , voluntary and enforced return and irregular migration ;


### –40% for countering irregular migration including returns . ### –40% for countering irregular migration including returns , both voluntary and enforced .


### the fund should contribute to supporting operating costs related to asylum and return and enable member states to maintain capabilities which are crucial for that service for the union as a whole . such support consists of full reimbursement of specific costs related to the objectives under the fund and should form an integral part of the member states’ programmes . ### the fund should contribute to supporting operating costs related to asylum and return , both voluntary and enforced , and enable member states to maintain capabilities which are crucial for that service for the union as a whole . such support consists of full reimbursement of specific costs related to the objectives under the fund and should form an integral part of the member states’ programmes .


### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries . ### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries , both in voluntary and enforced cases .


### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries in both voluntary and enforced cases .


### an efficient return policy is an integral part of the comprehensive migration approach the union and its member states pursue . the fund should support and encourage efforts by the member states with a view to the effective implementation and further development of common standards on return , in particular as set out in directive 2008 / 115 / ec of the european parliament and of the council15 , and of an integrated and coordinated approach to return management . for sustainable return policies , the fund should equally support related measures in third countries , such as the reintegration of returnees . _________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### an efficient return policy is an integral part of the comprehensive migration approach the union and its member states pursue . the fund should support and encourage efforts by the member states with a view to the effective implementation and further development of common standards on return , in particular as set out in directive 2008 / 115 / ec of the european parliament and of the council15 , and of an integrated and coordinated approach to return management . for sustainable return policies in both voluntary and enforced cases , the fund should equally support related measures in third countries , such as the reintegration of returnees . _________________ 15 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals .


### in addition to supporting the return of persons as provided for in this regulation , the fund should also support other measures to counter irregular migration , address incentives for illegal migration or the circumventing of existing legal migration rules , thereby safeguarding the integrity of member states’ immigration systems . ### in addition to supporting the return of persons , both voluntary and enforced cases , as provided for in this regulation , the fund should also support other measures to counter irregular migration , address incentives for illegal migration or the circumventing of existing legal migration rules , thereby safeguarding the integrity of member states’ immigration systems .


### voluntary and enforced returns are nevertheless interlinked , with mutually reinforcing effect , and member states should therefore be encouraged to reinforce the complementarities between these two forms of return . the possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems . the fund should therefore support actions of member states to facilitate and carry out removals in accordance with the standards laid down in union law , where applicable , and with full respect for the fundamental rights and dignity of returnees . ### voluntary and enforced returns are nevertheless interlinked , with mutually reinforcing effect , and member states should therefore be encouraged to reinforce the complementarities between these two forms of return . the possibility of removals is an important element contributing to the integrity of the asylum and legal migration systems . the fund should therefore support actions of member states to facilitate and carry out removals and enforced returns in accordance with the standards laid down in union law , where applicable , and with full respect for the fundamental rights and dignity of returnees .


### this amendment strengthens the protection of workers ' health at their workplace . ### this amendment to directive 2004 / 37 / ec improves and strengthens the protection of workers ' health and safety at their workplace , thus helping to increase the effectiveness of the relevant eu law and ensure greater clarity and fairer competition for economic operators .


### this directive respects the fundamental rights and principles enshrined in the charter of fundamental rights of the european union , in particular in article 31 thereof . ### this directive respects the fundamental rights and principles enshrined in the charter of fundamental rights of the european union , in particular the fundamental right to life and the right to fair and just working conditions with respect to people ' s health , safety and dignity under articles 2 and 31 respectively .


### 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 the workers ' health at their workplace , the deadline for transposition should not be later than two years from the date of entry into force of this directive .


### this amendment strengthens the protection of workers ' health at their workplace . ### this amendment of directive 2004 / 37 / ec improves and strengthens the protection of workers ' health and safety at their workplace .


### for some carcinogens and mutagens it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection . ### in accordance with the precautionary principle , it is essential to consider alternative absorption pathways amenable to carcinogens and mutagens , including the possibility of penetration through the skin , in order to ensure the highest possible level of protection of workers ' health and safety .


### the limit values should be revised when necessary in the light of scientific data . ### the limit values should be revised regularly in the light of the latest scientific and technical information and data as well as in the light of the latest improvements in measurement techniques , risk management measures and other relevant factors .


### for some carcinogens and mutagens it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection . ### for some carcinogens and mutagens it is necessary to consider other alternative absorption pathways , including the possibility of penetration through the skin , in order to ensure the highest possible level of protection in accordance with the observance and application of the precautionary principle and in order to ensure the highest possible level of protection for the health and safety of workers , consumers and the environment .


### member states may provide that where an author has transferred or licensed a right to a publisher , such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right . ### member states may provide that where an author has transferred , assigned or licensed a right to a publisher , such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right .


### member states may provide that where an author has transferred or licensed a right to a publisher , such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right . ### member states shall provide that where an author has transferred or licensed a right to a publisher , such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right .


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### member states shall provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over recent years , the functioning of the online content marketplace has gained in complexity . online services the main purpose of which is to provide access to content , including copyright - protected content , uploaded by their users without the involvement of right holders have flourished and have become primary sources of access to content online , sometimes unfairly competing with services whose content is licensed directly by rightholders . this affects rightholders ' ability to determine whether , and under which conditions , their work and other subject - matter are being used , as well as their scope for obtaining appropriate remuneration for it .


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


### for the purposes of this directive , it is necessary to define the concept of press publication in a way that embraces only journalistic publications , published by a service provider , periodically or regularly updated in any media , for the purpose of informing or entertaining . such publications would include , for instance , daily newspapers , weekly or monthly magazines of general or special interest and news websites . periodical publications which are published for scientific or academic purposes , such as scientific journals , should not be covered by the protection granted to press publications under this directive . this protection does not extend to acts of hyperlinking which do not constitute communication to the public . ### for the purposes of this directive , it is necessary to define the concept of press publication in a way that embraces only professional journalistic publications , published by a service provider , periodically or regularly updated in any media , for the purpose of informing or entertaining and whose credibility for the public relies to a certain extent on their specific brand name . such publications would include , for instance , daily newspapers , weekly or monthly magazines of general or special interest and news websites . periodical publications which are published for scientific or academic purposes , such as scientific journals , should not be covered by the protection granted to press publications under this directive . this protection does not extend to acts of hyperlinking , or to the text fixating the hyperlink , where such acts do not constitute communication to the public under directive 2001 / 29 / ec .


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


### member states shall 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 .


### ‘ press publication’ means a fixation of a collection of literary works of a journalistic nature , which may also comprise other works or subject - matter and constitutes an individual item within a periodical or regularly - updated publication under a single title , such as a newspaper or a general or special interest magazine , having the purpose of providing information related to news or other topics and published in any media under the initiative , editorial responsibility and control of a service provider . ### ‘ press publication’ means a professional fixation under a single title of a collection of literary works of a journalistic nature produced by several authors , which may also comprise other works or subject - matter and constitutes an individual item where : it occurs within a periodical or regularly - updated publication under a single title , such as a newspaper or a general or special interest magazine ; its purpose is to provide information related to news or other topics ; and it is published in any media under the editorial responsibility and control of a service provider .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . such an exception should cover both cultural heritage institutions holding the works or other subject - matter and third party cultural heritage institutions or service providers , which may be requested to perform the act of reproduction on behalf of a cultural heritage institution within the scope of the exception .


### 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 .


### 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 .


### 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 .


### 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 .


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


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . to prevent unjustified dissemination of the content necessary for text and data mining , research organisations should destroy the content reproduced for the purpose of text and data mining once the all the acts necessary for the research have been performed . research organisations should also benefit from the exception when they enter into public - private partnerships provided that the text and data mining acts performed relate directly to the purpose of the research carried out in the partnership concerned .


### 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 .


### 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 use of their press publications .


### 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 .


### 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 .


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


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