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


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


### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with framework decision 2008 / 977 / jha . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country . ### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country .


### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious crime . ### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious transnational crime .


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


### 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 .


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


### this directive provides for the transfer by air carriers of passenger name record data of passengers of international flights to and from the member states , as well as the processing of that data , including its collection , use and retention by the member states and its exchange between them . ### this directive provides conditions for the transfer by air carriers of passenger name record data of passengers of pre - selected international flights between member states and third countries , as well as the use , retention and exchange of that data by the member states .


### 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 .


### ' 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 . '


### “5 . 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 : “5 . for the purposes of environmental protection , member states shall set up minimum quality standards for the treatment of the weee that has been collected . they shall publish these standards . '


### the commission shall draw up a report on the implementation of this directive and its impact on the environment and the functioning of the internal market by the end of 2016 at the latest . ### the commission shall draw up a report on the implementation of this directive and its impact on the environment and the functioning of the internal market by the end of 2019 at the latest .


### 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 , the first subparagraph 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 . they shall publish these standards . ’ ;


### advise the union and the member states on research needs and priorities in the area of cybersecurity , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ; ### advise the union and the member states on research needs and priorities in the areas of cybersecurity and data protection and privacy , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ;


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


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


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


### 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 role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list of experts drawn up by the commission and by the representatives of the member states following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency .


### where money laundering activity does not simply amount to the mere possession or use , but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence , such as damaging the integrity of the financial system , that activity should be punished separately . member states should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property . ### where money laundering activity does not simply amount to the mere possession or use , but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence , such as damaging the integrity of the financial system , that activity should be punished separately . member states should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property , if there is a previous conviction or if the predicate offence is tried at the same time , if the actions have the intention to hide the illegal origin of the property .


### measures adopted solely at national or even at union level , without taking into account international coordination and cooperation , would have very limited effect . the measures adopted by the union in countering money laundering should therefore be compatible with , and at least as stringent as , other actions undertaken in international fora . ### measures adopted solely at national or even at union level , without taking into account international coordination and cooperation , have very limited effect . the current union legal framework is neither comprehensive nor sufficiently coherent to be fully effective . while the member states have criminalised money laundering , there are significant differences between them regarding the definition of money laundering , what constitutes predicate offences , and the level of sanctions . the differences in national legal frameworks can be exploited by criminals and terrorists , who can choose to carry out their financial transactions in member states where they perceive measures to counter money laundering to be weakest . the measures adopted by the union in countering money laundering should therefore be compatible with , and at least as stringent as , other actions undertaken in international fora . this would create a strengthened union legal framework making it possible to deal more effectively with terrorist funding and to reduce the threat from terrorist organisations by making it harder for them to finance their activities .


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for money laundering to be an effective tool against organised crime , it should be necessary to identify the specifics of the crime that generated the property ; a prior or simultaneous conviction for that crime should be required . prosecutions for money laundering should not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there .


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


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


### 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 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 or when the perpetrator is a politically exposed person , 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 ,


### given the mobility of perpetrators and proceeds stemming from criminal activities , as well as the complex cross - border investigations required to combat money laundering , all member states should establish their jurisdiction in order to enable the competent authorities to investigate and prosecute such activities . member states should thereby ensure that their jurisdiction includes situations where an offence is committed by means of information and communication technology from their territory , whether or not based in their territory . ### given the mobility of perpetrators and proceeds stemming from criminal activities , as well as the complex cross - border investigations required to combat money laundering , all member states should establish their jurisdiction in order to enable the competent authorities to investigate and prosecute such activities . member states should thereby ensure that their jurisdiction includes situations where an offence is committed by means of information and communication technology from their territory , whether or not based in their territory . under the international human rights law concept of jurisdiction , states that are contracting parties to human rights treaties are obliged to secure the rights for persons falling within their jurisdiction , even if such persons are outside their territory .


### 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 .


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for money laundering to be an effective tool against organised crime and in order to safeguard the right to presumption of innocence , a prior or simultaneous conviction for the crime that generated the property is necessary . prosecutions for money laundering should not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . the presumption that a predicate offence in a third country is a crime under national law should be based on factual and objective evidence , especially as regards terrorist offences .


### 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 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 dominant position , e . g . as an official or political decision maker , 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 ,


### the legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created . in order to avoid circumvention , when the cultural goods enter the union from a different third country , the person who seeks to introduce them into the customs territory of the union should demonstrate that they were exported from there legally , when the third country in question is a signatory state of the 1970 unesco convention and thus a country committed to fighting against illicit trafficking of cultural property . in other cases , the person should prove lawful export from the source country . ### the legality of export should be examined based on the laws and regulations of the countries in which the cultural goods were held between 1970 and their dispatch to the union . the person who seeks to introduce the cultural goods into the customs territory of the union should demonstrate that they were exported from there legally . any rules established should not be prejudicial to the restitution of materials spoliated between 1933 and 1946 .


### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of a statement , certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using a standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . customs should register the entry of those cultural goods , keep the originals and give a copy of the relevant documents to the declarant , in order to ensure traceability after the goods enter the internal market . ### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of an electronic statement , certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using an electronic standardized document . the object id standard , recommended by unesco , should be used to describe the cultural goods . those cultural goods should be electronically registered and the declarant should be provided with a copy of the relevant submitted documents in order to ensure traceability after the goods enter the internal market .


### 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 , 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 first 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 that the cultural goods have been exported from the source country in accordance with its laws and regulations or to prove the absence of such laws and regulations . the licit export from the source country should be proved with the appropriate supportive documents and evidence , in particular , export certificates or export 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 . in cases where the source country of the cultural goods cannot be reliably determined , the application should be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations . the import of cultural goods that originate in conflict - affected or high - risk countries should always require the presentation of a licence issued by the competent authority of the first member state of entry . persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations , therefore excluding the possibility to prove the legal export from the export country . the commission should establish , by means of implementing acts , a regularly updated list of conflict - affected and high - risk countries by means of which restrictive measures applied to cultural goods should be established , in accordance with article 215 of the treaty on the functioning of the european union . the commission should call upon external expertise such as unesco and the international council of museums to provide for such list which should be based , along the lines of the resolutions of the un security council , on the red lists published by icom , which classify the endangered categories of archaeological objects or works of art in the most vulnerable areas of the world in order to prevent them being sold or illegally exported .


### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific and academic research purposes ; ### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific , restoration , conservation and academic research purposes and for the purpose of cooperation between public museums or similar public non - profit institutions for the organization of cultural exhibitions , provided that there is no evidence that these goods are illicitly obtained ;


### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of a statement , certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using a standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . customs should register the entry of those cultural goods , keep the originals and give a copy of the relevant documents to the declarant , in order to ensure traceability after the goods enter the internal market . ### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union 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 . accompanied with an electronic statement certifying and assuming their responsibility for their lawful export from the source country , the persons seeking to introduce the cultural goods into the customs territory of the union should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using an electronic standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . those cultural goods should be electronically registered and the declarant should be provided with a copy of the relevant submitted documents in order to ensure traceability after the goods enter the internal market .


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement registered electronically and transmitted , where relevant , to the competent authorities , in an electronic form or on paper shall contain a declaration signed by the holder of the goods stating that the goods have been exported from the source country in accordance with its laws and regulations .


### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the cultural goods listed in the previous paragraph shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . in all cases , the application shall be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations . an assurance of appropriate storage entailing documentation , accessibility granted to public academic institutions , public museums or similar public non - profit institutions and cooperation in the case of justified restitution claims must accompany the application for it in order to qualify for import licences .


### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of a statement , certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using a standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . customs should register the entry of those cultural goods , keep the originals and give a copy of the relevant documents to the declarant , in order to ensure traceability after the goods enter the internal market . ### for other categories of cultural goods , the persons seeking to introduce them into the customs territory of the union should , by means of a statement , electronic statement , certify and assume responsibility for their lawful export from the export country and should provide sufficient information for those goods to be identified by customs . in order to facilitate the procedure and for reasons of legal certainty , the information about the cultural good should be provided using a standardised document . the object id standard , recommended by unesco , should be used to describe the cultural goods . those cultural goods should be electronically registered , keep the originals and give a copy of the relevant documents to the declarant , in order to ensure traceability after the goods enter the internal market .


### an electronic system may be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences . ### an electronic system shall be developed for the storage and the exchange of information between the authorities of the member states within the framework of regulation no 952 / 2013 . any such system shall address the receipt , processing , storage and exchange of importer statements and import licences .


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


### 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 , 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 , with due account of risk and application of due diligence principles , licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the export country , ownership titles , invoices , sales contracts , insurance documents , object id where relevant , 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 .


### temporary admission of cultural goods for educational , scientific or academic research purposes should not be subject to the presentation of a licence or of a statement . ### temporary admission of cultural goods for educational , scientific or academic research purposes or for non - profitable cooperation between museums or similar public non - profit institutions should not be subject to the presentation of a licence or of a statement , provided that there is no evidence that these goods are illicitly obtained .


### 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 . ### in view of different rules applying in the member states regarding the import of cultural goods into the customs territory of the union , measures should be taken in particular to ensure that certain imports of cultural goods are subject to uniform controls upon their entry into the customs territory of the union , especially on the basis of existing processes , procedures and administrative tools aiming to achieve a uniformed implementation of the regulation no 952 / 2013 of the european parliament and of the council1a . 1a regulation no 952 / 2013 of the european parliament and of the council of 9 october 2013 laying down the union customs code .


### 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 .


### 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 , 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 reasonably to prove , with due account of risk and application of due diligence principles , licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or export licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , object id where relevant 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 . the decision of the authorities shall take due account of the availability of relevant information , and apply the principle of proportionality .


### 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 .


### the storage , within the meaning of article 237 of regulation no 952 / 2013 , of cultural goods for the express purpose of ensuring their preservation by , or under the supervision of , a public authority . ### the storage , within the meaning of article 237 of regulation no 952 / 2013 , of cultural goods for the express purpose of ensuring their protection and preservation by , or under the supervision of , a public authority , after carrying out a risk assessment on the persons seeking to introduce them into the customs area of the union .


### the common rules should cover the customs treatment of non - union cultural goods entering the customs territory of the union , i . e . both their release for free circulation as well as their placement under a special customs procedure other than transit . ### the common rules should cover the import of non - union cultural goods entering the customs territory of the union .


### a dedicated incentive mechanism should be introduced to facilitate a smooth transition towards zero - emission mobility . this crediting mechanism should be designed so as to promote the deployment on the union market of zero - and low - emission vehicles . ### a dedicated sales mandate should be introduced to facilitate and accelerate a smooth transition towards zero - emission mobility . this mandatory mechanism will create volume certainty thus incentivising domestic production and supply chain , e . g . battery cell manufacturing , as well as creating firm business case for infrastructure roll - out .


### for the average emissions of the new light commercial vehicles fleet , an eu fleet - wide target equal to a 30% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6 . 1 . 2 of part b of annex i . ### for the average emissions of the new light commercial vehicles fleet , an eu fleet - wide target equal to a 45 % reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6 . 1 . 2 of part b of annex i .


### setting a benchmark for the share of zero - and low - emission vehicles in the eu fleet together with a well - designed mechanism for adjusting a manufacturer ' s specific co2 target based on the share of zero - and low - emission vehicles in the manufacturer ' s own fleet should provide a strong and credible signal for the development and deployment of such vehicles while still allowing for the further improvement of the efficiency of the conventional internal combustion engines . ### setting a sales mandate would provide a strong and credible signal for the production and marketing of such vehicles in the union and ensure manufacturers make timely investments and supply adequate vehicles that consumers wish to buy .


### in determining the credits for the zero - and low - emission vehicles , it is appropriate to account for the difference in co2 emissions between the vehicles . the adjustment mechanism should ensure that a manufacturer exceeding the benchmark level would benefit from a higher specific co2 target . in order to ensure a balanced approach , limits should be set to the level of adjustment possible within that mechanism . this will provide for incentives , promoting a timely roll - out of recharging and refuelling infrastructure and yielding high benefits for consumers , competitiveness , and the environment . ### in determining the credits for the zero - and low - emission vehicles , it is appropriate to account for the difference in co2 emissions between the vehicles . the adjustment mechanism should ensure that a manufacturer exceeding the benchmark level would benefit from a higher specific co2 target , whereas a manufacturer not achieving the benchmark would have to comply with a stricter co2 target . in order to ensure a balanced approach , limits should be set to the level of adjustment possible within that mechanism . this will provide for incentives , promoting a timely roll - out of recharging and refuelling infrastructure and yielding high benefits for consumers , competitiveness , and the environment .


### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative . ### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative . the choice for a partial registration shall not render void the commission ' s obligation to fully justify its decision by giving reasons for choosing to partially register an initiative .


### 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 .


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


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


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


### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . ### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform and adequately justify stating the reasons in full detail for choosing the course of action announced in the communication . the group of organizers shall be fully informed of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them .


### the commission and the european parliament shall ensure a balanced representation of relevant public and private interests . ### the european parliament shall ensure a balanced representation of stakeholders involved depending on the topic discussed . additionally the hearing shall be fully accessible , publicly web - broadcasted and shall allow for the opportunity for real - time participation by the citizens .


### this regulation aims to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative as a tool to foster debate and citizen participation at union level , and to bring the union closer to its citizens . ### this regulation shall make the european citizens’ initiative accessible , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative as a tool to foster debate and citizen participation at union level , and to bring the union closer to its citizens .


### in order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the treaties and this regulation , initiatives that comply with the conditions laid down in this regulation should be registered by the commission before collecting statements of support from citizens . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the treaties and this regulation , initiatives that comply with the conditions laid down in this regulation should be registered by the commission before collecting statements of support from citizens . the commission should deal with registration in accordance with the general principles of good administration and the protection of legitimate interests of citizens . citizens should be notified when an initiative is prima facie inadmissible and allowed the chance to rectify the faults in the submission as to minimize chances of rejection .


### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . ### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing unjustified discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to prevent direct as well as indirect discrimination . indirect discrimination is understood to mean the application of distinguishing criteria other than customer´s nationality , place of residence , or place of establishment which lead either in a determined manner or statistically to the same result as the direct application of those same criteria . it also covers unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued .


### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition and reinforcement of its role in this directive . the group should therefore be re - established by virtue of this directive . ### erga has made a positive contribution towards consistent regulatory practice and has provided high level advice to the commission on implementation matters . this calls for the formal recognition , reinforcement and further clarification of its role in this directive . the group should therefore be re - established by virtue of this directive .


### 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 .


### ‘ supplier of technical assistance’ means any natural or legal person or partnership resident or established in a member state of the union that supplies technical assistance defined under point from the union into the territory of a third country ; ### ‘ supplier of technical assistance’ means any natural or legal person or partnership resident or established in a member state of the union that supplies technical assistance defined under point ;


### for the purposes of this regulation the sole provision of ancillary services is excluded from this definition . ancillary services are transportation , financial services , insurance or re - insurance , or general advertising or promotion ; ### for the purposes of this regulation , the provision of ancillary services is included in this definition . ancillary services are transportation , financial services , insurance or re - insurance , or general advertising or promotion ;


### ‘ 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 ;


### for any export of goods listed in annex iii , an authorisation shall be required , irrespective of the origin of such goods . however , no authorisation shall be required for goods which only pass through the customs territory of the union , namely those which are not assigned a customs approved treatment or use other than the external transit procedure under article 91 of council regulation no 2913 / 92 , including storage of non - union goods in a free zone of control type i or a free warehouse . ### for any export of goods listed in annex iii , an authorisation shall be required , irrespective of the origin of such goods . a transit authorisation shall be required for goods listed in annex iii which only pass through the customs territory of the union .


### 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 for the terrestrial provision of broadcasting 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 is compatible with national broadcasting needs and does not cause harmful interference with the terrestrial provision of broadcasting services in a neighbouring member state .


### 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 .


### 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 .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states , the commission . the results shall be discussed by the forum established under article 10 . the member state concerned shall make a summary of the results accessible to the public , which shall include in particular the number of type - approvals granted or rejected , the subject of the type - approval certificate , and the identity of the corresponding manufacturers .


### ‘ 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 ;


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


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


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public which shall include in particular the number of vehicles , systems , components or separate technical units subject to testing or other assessment . the summary shall include a list of those vehicles , systems , components or separate technical units that are found not to be in compliance with the requirements of this regulation , if any , the identity of the corresponding manufacturers , and a short description of the nature of the non - compliance .


### the member state may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures . ### the member state shall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures .


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


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


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


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


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


### certain chromium compounds meet the criteria for classification as carcinogenic category 1a or 1b in accordance with regulation no 1272 / 2008 and therefore are carcinogens within the meaning of directive 2004 / 37 / ec . it is possible , on the basis of the available information , including scientific and technical data , to set out a limit value for these chromium vi compounds . it is therefore appropriate to establish a limit value for chromium compounds that are carcinogens within the meaning of directive 2004 / 37 / ec . ### certain chromium compounds meet the criteria for classification as carcinogenic category 1a or 1b in accordance with regulation no 1272 / 2008 and therefore are carcinogens within the meaning of directive 2004 / 37 / ec . it is therefore possible and necessary to establish a limit value for the chromium vi compounds , which are carcinogens within the meaning of directive 2004 / 37 / ec , on the basis of the most recent available information , including scientific and technical data .


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


### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry . it is therefore necessary to provide at union level a harmonised legal protection for press publications in respect of digital uses . such protection should be effectively guaranteed through the introduction , in union law , of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses . ### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry . it isn ' t therefore necessary to provide at union level a harmonised legal protection for press publications in respect of digital uses . search engines or editorialised news blogs , online excerpts , online press reviews , or comparable professional online disseminations , which contain only short references to daily newspaper articles , have been proven to be more of a guarantor of media pluralism and have an increasing attention for the offers of the voluntarily listed press publishers . the resulting market power of the new players , which have radically altered the media landscape , should lead to appropriate taxation in the member states . there is a strong imperative for every democratic society to decide to use tax revenues to improve the working conditions of journalists and the innovative development of modern publishing houses . the european commission should encourage this dialogue in an intensive manner . the experience with the failed protection of press publishers in germany and spain , as well as the stimulating consultation process , which has solved many modern conflicts in the context of the revision of this directive , should be used for future solutions . the establishment of a permanent consultation mechanism dealing with questions of the harmonisation of copyright law is urgently required .


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


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . therefore there should be an intensive dialogue on the appropriate determination of copyright - protected content in uploads that could include the possibility of a flat - rate payment , which must be proportionate to the modern use of music and media platforms . the much abused technical solution , known as upload filters , cannot be considered sufficiently effective and robust to merit measures with legal consequences . they do not solve the underlying problem of fair payment for authors , musicians or other rightholders and should be omitted from the provisions in this directive because they produce new problems in the field of privacy and data protection .


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


### in providing a framework for actions which supports the single market , fosters union competitiveness and protects the financial and economic interests of the union and its member states , the programme should contribute to preventing and fighting tax fraud , tax evasion and tax avoidance ; preventing and reducing unnecessary administrative burden for citizens and businesses in cross - border transactions ; achieving the full potential of the single market and fostering union competitiveness ; and supporting a joint union approach in international fora . ### in providing a framework for actions which protects the financial and economic interests of the union and its member states , the programme should contribute to preventing and fighting tax fraud , tax evasion and tax avoidance ; preventing and reducing unnecessary administrative burden for citizens and businesses in cross - border transactions and supporting a joint union approach in international fora .