### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations . ### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities and persons with age related or any other impairments : smart ticketing real - time passenger information additional service information


### making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites and online applications accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations ### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities and persons with age related or any other impairments : electronic identification , security and payment methods needed for the provision of the service shall be understandable , perceivable , operable and robust without undermining the security and privacy of the user .


### making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites and online applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations ### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities and persons with age related or any other impairments , by ensuring the navigation throughout the document , dynamic layouts , the possibility to synchronize text and audio content , text - to - speech technology , allowing alternative renditions of the content and its interoperability with a variety of assistive technologies in such a way that can be perceivable , understandable , operable and maximizes compatibility with current and future user agents .


### making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ### making websites and online applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### providing accessible information to facilitate complementarities with assistive services ; ### providing accessible information to facilitate complementarities with assistive services and technologies , including hearing technologies , such as hearing aids , telecoils , cochlear implants , and assistive listening devices .


### the processing of personal data must be proportionate to the specific security goal pursued by this directive . ### the processing of personal data must be proportionate to , and necessary in order to attain , the specific security goal pursued by this directive , in accordance with the principles of necessity and proportionality referred to by the court of justice in its judgment of 4 april 2014 , and by the european data protection supervisor in his opinion of 25 march 2011 .


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


### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers . ### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . only the ‘ push’ method is considered to offer a degree of data protection and should be mandatory for all air carriers .


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


### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt . ### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be received by the passenger information unit of the relevant member state , in accordance with article 9 . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt .


### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned . ### member states shall adopt the necessary measures to ensure that , only upon a request by the passenger information unit , air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them in the normal course of their business , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned .


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


### all processing of pnr data by air carriers , all transfers of pnr data by passenger information units and all requests by competent authorities or passenger information units of other member states and third countries , even if refused , shall be logged or documented by the passenger information unit and the competent authorities for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of data processing , in particular by the national data protection supervisory authorities . these logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with article 9 at the expiry of those five years , in which case the logs shall be kept until the underlying data are deleted . ### all processing of pnr data by air carriers , all transfers of pnr data by passenger information units and all requests by competent authorities or passenger information units of other member states and third countries , even if refused , shall be logged or documented by the passenger information unit and the competent authorities for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of data processing , in particular by the national data protection supervisory authorities . these logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with article 9 at the expiry of those five years , in which case the logs shall be kept until 5 years after the underlying data have been deleted .


### all transfers of pnr data by air carriers to the passenger information units for the purposes of this directive shall be made by electronic means or , in the event of technical failure , by any other appropriate means , for a period of one year following the adoption of the common protocols and supported data formats in accordance with article 14 . ### all transfers of pnr data by air carriers to the passenger information units for the purposes of this directive shall be made by electronic means or , in the event of technical failure , by any other appropriate means , for a period of three months following the adoption of the common protocols and supported data formats in accordance with article 14 .


### once the period of one year from the date of adoption of the common protocols and supported data formats has elapsed , all transfers of pnr data by air carriers to the passenger information units for the purposes of this directive shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer , and in a supported data format to ensure their readability by all parties involved . all air carriers shall be required to select and identify to the passenger information unit the common protocol and data format that they intend to use for their transfers . ### once the period of three months from the date of adoption of the common protocols and supported data formats has elapsed , all transfers of pnr data by air carriers to the passenger information units for the purposes of this directive shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer , and in a supported data format to ensure their readability by all parties involved . all air carriers shall be required to select and identify to the passenger information unit the common protocol and data format that they intend to use for their transfers .


### each member state shall ensure that the necessary technical measures are adopted to be able to use the common protocols and data formats within one year from the date the common protocols and supported data formats are adopted . ### each member state shall ensure that the necessary technical measures are adopted to be able to use the common protocols and data formats within three months from the date the common protocols and supported data formats are adopted .


### ' 1 . member states shall take the necessary measures to ensure that all end - of life vehicles are stored and treated in accordance with the general requirements laid down in article 4 of directive 75 / 442 / eec , and in compliance with the minimum technical requirements set out in annex i to this directive , without prejudice to national regulations on health and environment . ' ### article 6 paragraph 1 is replaced by the following : ' 1 . member states shall take the necessary measures to ensure that all end - of life vehicles are stored and treated in accordance with the waste hierarchy priorities and the general requirements laid down in article 4 of directive 75 / 442 / eec , and in compliance with the minimum technical requirements set out in annex i to this directive , without prejudice to national regulations on health and environment . '


### ' for the purposes of environmental protection , member states may set up minimum quality standards for the treatment of the weee that has been collected . ' ### in article 8 paragraph 5 , subparagraph 1 is replaced by the following : ' for the purposes of environmental protection , member states shall set up minimum quality standards for the treatment of the weee that has been collected . these standards shall be published . '


### proposal for a regulation of the european parliament and of the council on enisa , the “eu cybersecurity agency” , and repealing regulation 526 / 2013 , and on information and communication technology cybersecurity certification ### proposal for a regulation of the european parliament and of the council on enisa , the “european network and information security agency” , and repealing regulation 526 / 2013 , and on information and communication technology security certification


### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions . ### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient it security . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions .


### cyber - attacks are on the increase and a connected economy and society that is more vulnerable to cyber threats and attacks requires stronger defences . however , while cyber - attacks are often cross - border , policy responses by cybersecurity authorities and law enforcement competences are predominantly national . large - scale cyber incidents could disrupt the provision of essential services across the eu . this requires effective eu level response and crisis management , building upon dedicated policies and wider instruments for european solidarity and mutual assistance . moreover , a regular assessment of the state of cybersecurity and resilience in the union , based on reliable union data , as well as systematic forecast of future developments , challenges and threats , both at union and global level , is therefore important for policy makers , industry and users . ### computer oriented attacks are on the increase and a connected economy and society that is more vulnerable to cyber threats and attacks requires stronger defences . however , while cyber - attacks are often cross - border , policy responses by cybersecurity authorities and law enforcement competences are predominantly national . large - scale it security incidents could disrupt the provision of essential services across the eu . this requires effective eu level response and crisis management , building upon dedicated policies and wider instruments for european solidarity and mutual assistance . moreover , a regular assessment of the state of cybersecurity and resilience in the union , based on reliable union data , as well as systematic forecast of future developments , challenges and threats , both at union and global level , is therefore important for policy makers , industry and users .


### lays down a framework for the establishment of european cybersecurity certification schemes for the purpose of ensuring an adequate level of cybersecurity of ict products and services in the union . such framework shall apply without prejudice to specific provisions regarding voluntary or mandatory certification in other union acts . ### lays down a framework for the establishment of european cybersecurity certification schemes for the purpose of ensuring an adequate level of security of ict products and services in the union . such framework shall apply without prejudice to specific provisions regarding voluntary or mandatory certification in other union acts .


### the agency shall promote a high level of awareness of citizens and businesses on issues related to the cybersecurity . ### the agency shall promote a high level of awareness on issues related to the cybersecurity .


### cooperate with other national certification supervisory authorities or other public authorities , including by sharing information on possible non - compliance of ict products and services with the requirements of this regulation or specific european cybersecurity certification schemes ; ### cooperate with other national certification supervisory authorities or other public authorities , such as national data protection supervisory authorities , including by sharing information on possible non - compliance of ict products and services with the requirements of this regulation or specific european cybersecurity certification schemes ;


### the national emission ceiling regime established by directive 2001 / 81 / ec should therefore be revised in order to align it with the international commitments of the union and the member states . ### the national emission ceiling regime established by directive 2001 / 81 / ec should therefore be revised , and contain ambitious air pollution limits . emission reduction commitments should go beyond the gothenburg protocol and aim to achieve the health and environmental objectives of the union ' s 6th and 7th environment action programmes .


### before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### before appointment , the candidate selected by the management board shall be invited to appear before the competent committees of the european parliament , so that they may give obligatory but non - binding opinions , except in cases where there is a conflict of interests or clear incompatibility with the role of executive director .


### the management board shall inform the european parliament if it intends to extend the executive director’s term of office . within one month before any such extension , the executive director may be invited to make a statement before the competent committee of the parliament and to answer questions put by its members . ### the management board shall inform the european parliament if it intends to extend the executive director’s term of office . within one month before any such extension , the executive director shall be invited to make a statement before the competent committees of the parliament and to answer questions put by their members .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission and after hearing the opinion of the european parliament


### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu1 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 1 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec . ### money laundering and the&#160 ; related financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and to complement and reinforce the application of directive 2015 / 849 / eu of the european parliament and of the council1 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities and with the union agencies responsible , to improve the exchange of information and to identify those instigating terrorism . _________________ 1 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


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


### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . ### union action should go beyond the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the commission should carry out its own assessment regarding the efficiency of measures proposed by the fatf and the implementation and effectiveness of anti - money laundering measures in general . the fatf should undertake a revision of existing standards and an assessment of its own output and it should ensure regional representation , credibility , efficiency and better use of financial intelligence , . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order .


### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive . ### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently extended and uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf , including tax evasion , fraud and avoidance , as well as any fraudulent behaviour involving the concealment of income or profits . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive .


### this directive should not apply to money laundering as regards property derived from offences affecting the union ' s financial interests , which is subject to specific rules as laid down in directive 2017 / xx / eu3 . in accordance with article 325 tfeu , the member states shall take the same measures to counter fraud affecting the financial interests of the union as they take to counter fraud affecting their own financial interests . _________________ 3 directive 2017 / xx / eu of the european parliament and of the council of x x 2017 on the protection of the union ' s financial interests by means of criminal law . ### this directive should not apply to money laundering as regards property derived from offences affecting the union ' s financial interests , which is subject to specific rules as laid down in directive 2017 / xx / eu3 . nevertheless , it should still be possible for member states to transpose this directive and directive 2017 / xx / eu by adopting a single comprehensive framework at national level . in accordance with article 325 tfeu , the member states are to take the same measures to counter fraud affecting the financial interests of the union as they take to counter fraud affecting their own financial interests . _________________ 3 directive 2017 / xx / eu of the european parliament and of the council of x x 2017 on the protection of the union ' s financial interests by means of criminal law .


### this directive should not apply to money laundering as regards property derived from offences affecting the union’s financial interests , which is subject to specific rules as laid down in directive 2017 / xx / eu36 . in accordance with article 325 tfeu , the member states shall take the same measures to counter fraud affecting the financial interests of the union as they take to counter fraud affecting their own financial interests . _________________ 36 directive 2017 / xx / eu of the european parliament and of the council of x x 2017 on the protection of the union’s financial interests by means of criminal law . ### this directive should not apply to money laundering as regards property derived from offences affecting the union’s financial interests , which is subject to specific rules as laid down in directive 2017 / xx / eu36 . in accordance with article 325 tfeu , the member states shall take the same measures to counter fraud affecting the financial interests of the union as they take to counter fraud affecting their own financial interests . this directive should not apply to any person who receives proceeds as normal payment for ordinary consumer goods or services , as long as the consideration for such goods or services is adequate . _________________ 36 directive 2017 / xx / eu of the european parliament and of the council of x x 2017 on the protection of the union’s financial interests by means of criminal law .


### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should lay down in a catalogue minimum types and levels of clearly defined penalties when the criminal offences defined in this directive are committed . minimum types and levels of penalties should also be laid down with respect to inciting , aiding and abetting the commission of such criminal offences . member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems in the following circumstances : the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 ; the perpetrator abuses his or her professional position to enable money laundering ; the money or property being laundered is derived from terrorist activities as defined in directive 2017 / 541 of the european parliament or of the council37a or illicit arms trafficking ; or the offender is a politically exposed person as defined by directive 2015 / 849 or involved in corruption of elected officials . member states should calculate the amount of fines in accordance with the gross principle , i . e . based on the profit stemming from the criminal action without deducting any costs incurred , so as to ensure that the penalty is higher than the economic value of the crime . member states shall make arrangements for the effective implementation of those penalties . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , 37a directive 2017 / 541 of the european parliament or of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .


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


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


### in the light of the council conclusions of 12 february 2016 on the fight against the financing of terrorism , the communication from the commission to the european parliament and the council on an action plan for strengthening the fight against terrorist financing24 and the directive on combating terrorism25 , common rules on trade with third countries should be enacted so as to ensure the effective protection against the loss of cultural goods , the preservation of humanity ' s cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the union . __________________ 24 com 50 final . 25 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha ; oj l 88 , 31 . 3 . 2017 , p . 6 - 21 ### in the light of the council conclusions of 12 february 2016 on the fight against the financing of terrorism , the communication from the commission to the european parliament and the council on an action plan for strengthening the fight against terrorist financing24 and the directive on combating terrorism25 , common rules on trade with third countries should be enacted so as to ensure the effective protection against trafficking , the loss of cultural goods , the preservation of humanity ' s cultural heritage and the prevention of terrorist financing and money laundering through the selling of looted cultural heritage to buyers in the union . __________________ 24 com 50 final . 25 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha ; oj l 88 , 31 . 3 . 2017 , p . 6 - 21


### cultural heritage constitutes one of the basic elements of civilisation , it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries . ### cultural goods are often of major cultural , artistic , historical and scientific importance . cultural heritage constitutes one of the basic elements of civilisation , inter alia , with symbolic value and cultural memory of humankind . it enriches the cultural life of all peoples and it unites people in shared memory knowledge and development of the civilization . it should therefore be protected from unlawful appropriation and pillage . looting of archaeological sites happened at all times , but has now reached an industrial scale . as long as it is possible to engage in lucrative trade in illegally excavated cultural goods and profit without any notable risks , these excavations and looting will continue in the future . the economic and artistic value of the cultural heritage creates a strong demand on the international market , but the lack of strong international legislative measures and their enforcement leads to the transfer of these goods to the shadow economy . targeting of cultural heritage is a serious crime that causes significant suffering to those directly or indirectly affected . the illicit trading of cultural goods in many cases contributes to the achievement of forceful cultural homogenization and / or expulsion , while the looting and pillage of cultural goods leads , among others , to disintegration . the union should accordingly prohibit the entry in the customs territory of the union of cultural goods unlawfully exported from third countries , with particular emphasis on cultural goods from third countries affected armed conflicts involving , in particular , export by terrorist or other criminal organisations .


### in view of different rules applying in the member states regarding the entry of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry . ### protection of cultural heritage can be effective only if organized both nationally and internationally among member states working in close co - operation . in view of different rules applying in the member states regarding the entry of stolen and / or looted cultural goods into the customs territory of the union , concerted measures should be taken to properly harmonise the rules , regulations and procedures between member states , ensuring that imports of cultural goods are subject to uniform controls upon their entry , while addressing loopholes in taxation . those measures should also ensure that eu legislation is properly applied in all member states , and that the retrieving of irreplaceable objects is effective .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , such as archaeological objects , elements of monuments , pieces of jewellery art , numismatic objects , artefacts of ancient technological achievements , rare manuscripts and incunabula , are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the production of a licence issued electronically by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country in accordance with its laws and regulations with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay , taking due account of the availability of relevant information and following the principle of proportionality . persons submitting an application should not be charged a fee in relation to their application . the decisions of the competent authorities should be communicated immediately to the relevant customs offices .


### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation . ### countries affected by armed conflict or relevant crisis are usually unable to sufficiently protect their cultural heritage . storage of cultural goods from these countries should therefore also be permitted without the presentation of a licence or a statement , on the condition that competent authorities accompany and administer the process until restitution . a careful risk assessment should be carried out on the persons seeking to introduce them into the customs area of the union , with particular attention to the potential that storage of cultural goods from export countries affected by armed conflict or other relevant crisis may be used as a source of money laundering or terrorism financing .


### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods . that delegation should also allow the commission to update the annex following amendments to the combined nomenclature . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 . ### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in order to lay down the arrangements for the deployment , operation and maintenance of a new electronic system . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt after consultation with the european parliament and the council , including at expert level , specific modalities for the temporary admission and storage in adequate conservation conditions of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### sufficient time should be provided for the commission to adopt rules implementing this regulation , in particular those regarding the appropriate forms to use to apply for an import licence or to prepare an importer statement . consequently , the application of this regulation should be deferred . ### the commission should adopt without delay rules implementing this regulation , in particular those regarding the appropriate electronic standardised forms to use to apply for an import licence or to prepare an importer statement .


### member states shall designate the public authorities competent to issue import licenses in accordance with this article . they shall communicate the details of those authorities as well as any changes in that respect to the commission . ### member states shall designate without delay the public authorities competent to issue import licenses in accordance with this article . they shall communicate the details of those authorities as well as any changes in that respect to the commission .


### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons , be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law . ### the administrative decision referred to in paragraph 1 and 1a shall be accompanied by a statement of reasons , be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law . .


### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and , in particular , to the import into the eu of cultural goods without the relevant certificate , to the use of a certificate for cultural goods other than those for which it was issued , or to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , as well as to the making available of economic resources to criminal groups as a result of illicit import of cultural goods . member states shall take all measures necessary , including expropriation against relevant property of perpetrators of illicit import of cultural goods , to ensure that they are fully implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them .


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### member states shall organise training for customs or other competent employees on identifying illicitly trafficked , stolen and fake cultural goods and cooperating more effectively in combating illegal trade and trafficking in cultural goods as well as capacity building activities to ensure the effective implementation of this regulation by the authorities and the professionals concerned . the commission shall host a dedicated website clearly informing all those concerned about the objectives of this regulation , the obligations , the list of competent authorities , the possibility for temporary retention , the penalties introduced , the rights to an effective remedy or other relevant issues . member states shall also use awareness - raising campaigns and establish and make available easily accessible information points and hotlines to sensitise and inform in particular buyers of cultural goods and other stakeholders . expert assistance , dedicated funds and special equipment should be made available to the customs on the eu external borders to comply with the principles and the spirit of this regulation .


### to achieve those objectives , the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate to the nature of this instrument . they should strike a judicious balance between rights and obligations . ### to achieve those objectives , the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate to the nature of this instrument . they shall allow participation in the process of the european citizens ' initiative without any discrimination whatsoever . they should strike a judicious balance between rights and obligations , giving when in doubt priority to the rights of the citizens as stressed in the treaties and the charter of the fundamental rights of the union , striving to avoid formalism .


### it is appropriate to set a minimum age for supporting an initiative . to achieve the full potential of the european citizens’ initiative as an instrument of participatory democracy and to foster citizen participation at union level especially among young european citizens , that age should be set at 16 years . ### it is appropriate to set a minimum age for supporting an initiative . to achieve the full potential of the european citizens’ initiative as an instrument of participatory democracy and to foster citizen participation at union level especially among young european citizens , that age should be set at 16 years . the decisive time for determining the ability of one person to support an initiative is that of expression of the support .


### in accordance with article 11 of the teu an initiative inviting the european commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required to implement the treaties , is to be taken by not less than one million citizens of the union who are nationals of a significant number of member states . ### in accordance with article 11 of the teu an initiative inviting the european commission , within the framework of its powers , to submit any appropriate proposal on matters where citizens consider that a legal act of the union is required to implement the treaties , is to be taken by not less than one million citizens of the union who are nationals or permanent residents of a significant number of member states .


### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories to provide citizens with information and assistance regarding the european citizens’ initiative . ### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish , in due time and in any case by the time this regulation comes into force , contact points in their respective territories to provide citizens with information , assistance and guidance regarding the submission of a european citizens’ initiative .


### in order to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and citizens , the commission should set - up and operate a central system for the online collection of statements of support . that system should be made available free of charge to groups of organisers and should comprise the necessary technical features allowing online collection including the hosting and software as well as accessibility features ensuring that citizens ' with disabilities can provide support to the initiatives . that system should be set - up and maintained in accordance with commission decision 2017 / 4626 . _________________ 26 commission decision 2017 / 46 of 10 january 2017 on the security of communication and information systems in the european commission . ### in order to make the european citizens’ initiative more accessible , less burdensome and easier to use for citizens , the commission should set - up and operate a central system for the online collection of statements of support . that system should be made available free of charge to groups of organisers and should comprise the necessary technical features allowing online collection including the hosting and software as well as accessibility features . this ought to ensure that citizens ' with disabilities will be facilitated to initiate , propose or provide support to the initiatives on an equal footing . that system should be set - up and maintained in accordance with commission decision 2017 / 4626 . _________________ 26 commission decision 2017 / 46 of 10 january 2017 on the security of communication and information systems in the european commission .


### a group of organisers should have the possibility to set - up its own online collection systems for the collection of statements of support across the union and to decide in which member state the data collected for the initiative should be stored . the group of organisers should use a single individual online collection system for each initiative . individual online collection systems set up and operated by a group of organisers should have adequate technical and security features in order to ensure that the data are securely collected , stored and transferred throughout the procedure . for that purpose , the commission should set out detailed technical specifications for the individual online collection systems , in cooperation with the member states . the commission may seek advice of the european union agency for network and information security which assists the union institutions in developing and implementing policies related to security of network and information systems . ### a group of organisers should have the possibility to set - up its own online collection systems for the collection of statements of support across the union and to decide in which member state the data collected for the initiative should be stored . the group of organisers should use a single individual online collection system for each initiative . individual online collection systems set up and operated by a group of organisers should have adequate technical and security features in order to ensure that the data are securely collected , stored and transferred throughout the procedure . for that purpose , the commission should set out detailed technical specifications for the individual online collection systems , in cooperation with the member states . the commission may seek advice of the european union agency for network and information security which assists the union institutions in developing and implementing policies related to security of network and information systems and the european data protection supervisor , which advises union institutions and bodies on all matters relating to the processing of personal information . the group of organisers may also consult with enisa and edps if they opt for setting up its own online collection systems .


### it is appropriate for member states to verify the conformity of the individual online collection systems set up by the group of organisers with the requirements of this regulation and issue a document certifying such conformity before statements of support are collected . the certification of the individual online collection systems should be carried out by the competent national authority of the member states in which the data collected through the individual online collection system is stored . without prejudice to the powers of the national supervisory authorities under the general data protection regulation , member states should designate the competent national authority responsible for the certification of the systems . member states should mutually recognise the certificates issued by their competent authorities . ### it is appropriate for member states to verify the conformity of the individual online collection systems set up by the group of organisers with the requirements of this regulation and issue a document certifying such conformity before statements of support are collected . the certification of the individual online collection systems should be carried out by the competent national authority of the member states in which the data collected through the individual online collection system is stored . without prejudice to the powers of the national supervisory authorities under the general data protection regulation , member states should designate without delay the competent national authority responsible for the certification of the systems . member states should mutually recognise the certificates issued by their competent authorities without the introduction of additional checks .


### to ensure the effective participation of citizens in the democratic life of the union , the commission should examine a valid initiative and respond to it . the commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative . the commission should explain in a clear , comprehensible and detailed manner the reasons for its intended action , and should likewise give its reasons if it does not intend to take any action . ### to ensure the effective participation of citizens in the democratic life of the union , the commission should examine a valid initiative and respond to it . the commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative . the commission should justify adequately in a clear , comprehensible and detailed manner , substantiating the reasons for its intended action , and should likewise do if it does not intend to take any action . in both cases a second public hearing shall be organized to discuss the conclusions communicated by the commission , under the same rule as the first .


### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . ### the support and funding for initiatives should be transparent . therefore groups of organisers should be able to provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission upon request . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . after the registraton the organizers shall publicize the sources of funding on the webpage of the initiative in order to allow potential supporters to make a credible decision at the time of expression of their support .


### in order to contribute to the promotion of active participation of citizens in the political life of the union , the commission and the organisers should be able to collect , in accordance with data protection rules , email addresses of signatories for the purpose of communication activities regarding an initiative , in particular for the purpose of providing information on the follow - up actions in response to an initiative . the collection of email addresses should be optional and subject to the consent of signatories . email addresses should not be collected as part of the statements of support forms and potential signatories should be informed that their right to support an initiative is not conditional on giving their consent to collecting their email addresses . ### in order to contribute to the promotion of active participation of citizens in the political life of the union , the commission and the organisers should be able to collect , in accordance with data protection rules , email addresses of signatories for the purpose of communication activities regarding an initiative , in particular for the purpose of providing information on the follow - up actions in response to an initiative . the collection of email addresses should be optional and subject to the consent of signatories which should be freely given , specific , informed and unambiguous pursuant to article 7 of regulation 2016 / 679 . email addresses should not be collected as part of the statements of support forms and potential signatories should be informed that their right to support an initiative is not conditional on giving their consent to collecting their email addresses .


### this regulation respects fundamental rights and observes the principles enshrined in the charter of fundamental rights of the european union , in particular article 8 thereof . ### this regulation respects fundamental rights and observes the principles enshrined in the charter of fundamental rights of the european union .


### every citizen of the union who is at least 16 years of age has the right to support an initiative by signing a statement of support , in accordance with this regulation . ### every citizen of the union who is at least 16 years of age at the time of expression of support , has the right to support an initiative by signing a statement of support , in accordance with this regulation .


### for the purpose of paragraph 1 a signatory shall be counted in its member state of nationality . ### for the purpose of paragraph 1 a signatory shall be counted : in its member state of nationality in the member state of choice in case the citizen is a permanent resident of another member state . in the member state of choice in case of dual or multiple citizenship the member state of residence in case of beneficiaries of international and subsidiary protection or eu blue card holders


### the group of organisers shall designate two of its members as , respectively , representative and substitute , who shall liaise between them and the institutions of the union throughout the process and who shall be mandated to act on behalf of the group of organisers . ### the group of organisers shall designate or elect two of its members as , respectively , representative and substitute , who shall liaise between them and the institutions of the union throughout the process and who shall be mandated to act on behalf of the group of organisers .


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


### within five months after the publication of the initiative in accordance with article 14 , and after the public hearing referred to in article 14 , the commission shall set out in a communication its legal and political conclusions on the initiative , the action it intends to take , if any , and its reasons for taking or not taking action . ### within four months after the publication of the initiative in accordance with article 14 , and after the public hearing referred to in article 14 , the commission shall set out in a draft communication its legal and political conclusions on the initiative , the action it intends to take , if any , and its reasons for taking or not taking action .


### for the purpose of article 11 , each member state shall designate one or more competent authorities responsible for issuing the certificate referred to in article 11 . ### for the purpose of article 11 , each member state shall designate without delay one or more competent authorities responsible for issuing the certificate referred to in article 11 .


### for the purpose of article 12 , each member state shall designate one competent authority responsible for coordinating the process of verification of statements of support and for issuing the certificates referred to in article 12 . ### for the purpose of article 12 , each member state shall designate without delay one competent authority responsible for coordinating the process of verification of statements of support and for issuing the certificates referred to in article 12 .


### the content of the initiative on which the commission is invited to act , in no more than 1000 characters ; ### the content of the initiative on which the commission is invited to act , in no more than 1000 characters not including spaces ;


### for the purposes of ensuring the good functioning of the internal market , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . ### for the purposes of ensuring the good functioning of the internal market , the targeted measures set out in this regulation , which provide for a clear , uniform and effective set of rules on a selected number of issues , are therefore required . these measures should maintain a balance between consumer protection and economic and contractual freedom for traders .


### where the trader provides services , other than those covered by point , and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment . ### where the trader provides services and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates , in a member state other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment .


### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; ### member states shall ensure by appropriate means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex , race , colour , ethnic or social origin , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation ;


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars . ### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications , accompanying or included in programmes with a significant children’s audience , of foods and beverages containing nutrients and substances with a nutritional or physiological effect , excessive intakes of which in the overall diet are not recommended , in particular fat , trans - fatty acids , salt or sodium and sugars . the who nutrient profile model shall be used as guidance when defining which foods and beverages can or cannot be advertised .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . ### commercial communications for alcoholic beverages and gambling activities shall be kept to a minimum . member states and the commission shall encourage the development of self - and co - regulatory codes of conduct in order to achieve this objective .


### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 20 minutes ; ### the transmission of films made for television , cinematographic works and news programmes may be interrupted by television advertising and / or teleshopping once for each scheduled period of at least 30 minutes ;


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


### this regulation should reflect the need to focus on strategic priorities , both geographically – the european neighbourhood and africa , as well as countries that are fragile and most in need , but also thematically – security , migration , climate change and human rights . ### this regulation should reflect the need to focus on strategic priorities , both geographically but also thematically .


### the main approach for actions financed under this regulation should be through geographic programmes , in order to maximise the impact of the union ' s assistance and bring union ' s action closer to partner countries and populations . this general approach should be complemented by thematic programmes and by rapid response actions , where relevant . ### the main approach for actions financed under this regulation should be through geographic programmes , in order to maximise the impact of the union ' s assistance and bring union ' s action closer to partner countries and populations , and monitored by the union to ensure that this assistance is going to where it ought to go . this general approach should be complemented by thematic programmes and by rapid response actions , where relevant .


### reflecting the importance of tackling climate change in line with the union commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate action in the union policies and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute 25% of its overall financial envelope to climate objectives . relevant actions will be identified during the implementation of this regulation , and the overall contribution from this regulation should be part of relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate action in the union policies and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute 25% of its overall financial envelope to climate objectives . in this regard and where relevant and / or possible , union investment should be towards encouraging local food and manufacturing independence . relevant actions will be identified during the implementation of this regulation , and the overall contribution from this regulation should be part of relevant evaluations and review processes .


### “broker ' means any natural or legal person or partnership resident or established in a member state of the union that carries out services defined under point from the union into the territory of a third country ; ### ' broker ' means any natural or legal person or partnership resident or established in a member state or a national of a member state that carries out services defined under point ;


### 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 broadcasting and audiovisual media services , including public broadcasting services , by ensuring sufficient spectrum for the satellite and terrestrial provision of such services 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 .


### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences . ### spectrum in the 470 - 790 mhz frequency band is a public good . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which rely on this spectrum resource for the wireless provision of content to mass audiences .


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


### 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 , avoiding harmful interferences to users in adjacent bands , existing and new authorisation regimes and compensation for migration costs , where these would arise , in order to avoid costs for end - users of dtt and pmse services . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies .


### 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 . ### 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 by 31 december 2020 , or 31 december 2022 if this is justified by economic , social or cultural grounds . 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 . ### member states shall ensure , at least until 2030 , availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of broadcasting and 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 . any use shall be in accordance with existing international agreements .


### in order to ensure that the use of the 694 - 790 mhz frequency band is in accordance with paragraph 1 of article 1 , member states shall include in their national roadmaps , where appropriate , information on measures to limit the impact of the forthcoming transition process on the public and users of wireless audio pmse equipment and to facilitate the timely availability of interoperable television broadcasting network equipment and receivers in the internal market . ### in order to ensure that the use of the 694 - 790 mhz frequency band is in accordance with paragraph 1 of article 1 , member states shall include in their national roadmaps information on measures to limit the impact of the forthcoming transition process on the public and users of wireless audio pmse equipment and to facilitate the timely availability of interoperable television broadcasting network equipment and receivers in the internal market . members states shall adopt all necessary measures to ensure that the changes in the use of the 700mhz frequency band avoids interferences with other spectrum bands and to provide adequate compensation where needed . member states shall elaborate those roadmaps ensuring the public participation of all relevant stakeholders with a legitimate interest , including broadcasters , consumer organisations and social partners .


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


### the commission shall publish a report of its findings following any compliance verification testing it has carried out . ### the commission shall publish a report of its findings within three months following any compliance verification testing it has carried out .


### within two months after finalising this assessment of the technical service , the member states shall report to the commission and to the other member states on those monitoring activities . the reports shall contain a summary of the assessment which shall be made publicly available . ### within two months after finalising that assessment of the technical service , the member states shall report to the commission and to the other member states on those monitoring activities without this resulting in an increased burden in terms of administration or human resources . the reports shall contain a full summary of the assessment , which shall be made publicly available .


### 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 long - term solidarity in the union and the future of its social model and channelling irregular migration , focusing on international policies that reduce the motivation for forced migration and the continued use of unsafe routes for those with no option but to flee their country . 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 direct irregular migration through ordered channels .


### the fund should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability , and ensuring a fair and transparent distribution of resources to meet the policy and specific objectives laid down in this regulation . ### the fund should reflect the need for increased transparency , flexibility and simplification while respecting requirements in terms of predictability , and ensuring a fair and transparent distribution of resources to meet the policy and specific objectives laid down in this regulation .


### the contribution from the union budget shall not exceed 75 % of the total eligible expenditure of a project . ### the contribution from the union budget shall not exceed 80 % of the total eligible expenditure of a project . member states are encouraged to provide matching funds for activities supported by the fund .


### by 15 february 2023 and by the same date of each subsequent year up to and including 2031 , member states shall submit to the commission the annual performance report as referred to in article 36 of regulation &#8230 ; / 2021 [ common provisions regulation ] . the report submitted in 2023 shall cover the implementation of the programme in the period to 30 june 2022 . ### by 15 february 2023 and by the same date of each subsequent year up to and including 2031 , member states shall submit to the commission the annual performance report as referred to in article 36 of regulation &#8230 ; / 2021 [ common provisions regulation ] . the report submitted in 2023 shall cover the implementation of the programme in the period to 30 june 2022 . member states shall publish these reports on the dedicated website of the managing authority as stipulated in article 44 of the common provision regulation . the commission shall make annual performance reports available on a dedicated webpage .


### 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 .


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