### 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 .


### each member state shall ensure that effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . ### each member state shall ensure that effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . 2 . member states shall ensure , as soon as possible , the availability of adequate and sufficient financial resources and personnel , who shall be properly trained , to investigate and prosecute the offences referred to in articles 3 and 4 . 3 . member states shall ensure effective cooperation between the relevant authorities in each country and shall ensure that their national authorities investigating or prosecuting offences referred to in articles 3 and 4 are empowered to cooperate with other national authorities and their counterparts in other member states , as well as with the union institutions .


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


### investigative tools ### investigative tools and cooperation


### tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity , in line with the revised fatf recommendations . given that different tax offences may in each member state constitute a criminal activity punishable by means of the sanctions referred to in this directive , definitions of tax crimes may diverge in national law . however no harmonisation of the definitions of tax crimes in member states’ national law is sought . ### tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity , in line with the revised fatf recommendations . given that different tax offences may in each member state constitute a criminal activity punishable by means of the sanctions referred to in this directive , definitions of tax crimes may diverge in national law . however tax crimes should be understood as including at least tax fraud , aggravated tax fraud and tax evasion offences and any fraudulent behaviour involving concealment of income or profits or the organisation of one’s insolvency which aims at reducing or suppressing tax liability . the definitions of tax crimes should not include thresholds requiring the existence of a significant amount of unpaid taxes or the systematic use of fraudulent manoeuvres in national law .


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### with strict respect for fundamental rights and the general principles of criminal law that protect the rights of defence and of the accused , each member state shall ensure that a legal person held liable for offences pursuant to article 7 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal and non - criminal fines , based on the gross value of the total amount stemming from criminal activity , and shall , at the judge’s discretion , include other temporary or permanent sanctions , including :


### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least four years , at least in serious cases . ### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least five years .


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### each member state shall ensure that a legal person held liable for offences pursuant to article 7 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal fines and may , at the judge’s discretion , also include the following temporary or permanent sanctions :


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


### the offender is one of its nationals . ### the offender is one of its nationals ; or


### limit value 0 , 0006 mg / m3 until xx yyyy 202z [ 5 years ] ### limit value 0 , 0006 mg / m3 until xx yyyy 202z [ 4 years ]


### with regard to beryllium , a limit value of 0 , 0002 mg / m3 may be difficult to be complied with in some sectors in the short term . a transitional period of five years should therefore be introduced during which the limit value of 0 , 0006 mg / m3should apply . ### with regard to beryllium , a limit value of 0 , 0002 mg / m3 may be difficult to be complied with in some sectors in the short term . a transitional period of four years should therefore be introduced during which the limit value of 0 , 0006 mg / m3should apply .


### with regard to cadmium , a limit value of 0 , 001 mg / m3 may be difficult to be complied with in some sectors in the short term . a transitional period of seven years should therefore be introduced during which the limit value 0 , 004 mg / m3 should apply . ### with regard to cadmium , a limit value of 0 , 001 mg / m3 may be difficult to be complied with in some sectors in the short term . a transitional period of five years should therefore be introduced during which the limit value of 0 , 004 mg / m3should apply .


### this regulation sets up a mechanism to allow for the application in one member state , with regard to a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project . ### this regulation sets up a voluntary mechanism to allow for the application in one member state , with regard to a single joint project in a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project .


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex ;


### given the known potential of free zones for the purpose of storing cultural goods , the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned . those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure . however , such a broad scope should not go against the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the union . accordingly , while encompassing special customs procedures under which goods entering the customs territory of the union may be placed , control measures should exclude transit . ### given the known potential of free zones for the purpose of storing cultural goods , the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned in order to prevent circumvention by exploitation of free zones , which represent potential background areas for a continued proliferation of trade in illegal products in the eu . those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure . however , such a broad scope should not go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the union .


### 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 country where the cultural goods were discovered or created . the person who seeks to introduce cultural goods into the customs territory of the union should prove lawful export from the source country .


### the definitions based on those used in 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 and the unidroit convention on stolen or illegally exported cultural objects signed in rome on 24 june 1995 , to which a significant number of member states are a party , should be used in the regulation , considering the familiarity of many third countries and most member states with their provisions . ### the definitions based on those used in the 1954 hague convention for the protection of cultural property in the event of armed conflict , 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 and the unidroit convention on stolen or illegally exported cultural objects signed in rome on 24 june 1995 , to which a significant number of member states are a party , should be used in the regulation , considering the familiarity of many third countries and most member states with their provisions .


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade in goods across the union’s external borders disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for the most vulnerable categories of cultural goods , in line with the provisions of the 1954 hague convention , the 1970 unesco convention and of the 1995 unidroit convention . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### given the known potential of free zones for the purpose of storing cultural goods , the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned . those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure . however , such a broad scope should not go against the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the union . accordingly , while encompassing special customs procedures under which goods entering the customs territory of the union may be placed , control measures should exclude transit . ### given the known potential of free zones for the purpose of storing cultural goods , the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned , with a view to preventing circumvention . those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure . however , such a broad scope should not go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the union .


### the commission may establish , by means of implementing acts , the template for the application for the import licence as well as the procedural rules on the submission and processing of such an application . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission shall establish , by means of implementing acts , the electronic standardised template for the application for the import licence as well as the procedural rules on the electronic submission and processing of such an application together with the relevant supporting documents , which shall be done by electronic means . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### this regulation does not apply to cultural goods which are in transit through the customs territory of the union . ### this regulation applies to cultural goods which are in transit through the customs territory of the union when competent authorities have reasonable grounds to believe that cultural goods have been exported from the source country in violation of its laws and regulations .


### 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 .


### cultural goods entering the customs territory of the union ### introduction and import of cultural goods into the customs territory of the union


### member states should introduce effective , proportionate and dissuasive penalties for failing to comply with the provisions of this regulation and communicate those penalties to the commission . ### member states should introduce effective , proportionate and dissuasive penalties for failing to comply with the provisions of this regulation and communicate those penalties to the commission . member states should also notify the commission whenever those penalties are applied .


### the commission may adopt , by means of implementing acts , the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission shall adopt , by means of implementing acts , the electronic standardised template for the importer statement as well as the procedural rules on the electronic submission and processing of the importer statement . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### information on infringements of this regulation ; ### information on infringements of this regulation and penalties applied ;


### the commission may lay down , by means of implementing acts , ### the commission shall lay down , by means of implementing acts ,


### this regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the union . ### this regulation sets out the conditions and procedure for the introduction and the import of cultural goods into the customs territory of the union .


### 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 goods shall apply for an import license 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 . when applying for an import licence , the holder of the goods shall provide to the competent authority at least the following supporting documents : - export certificates or licenses issued by the source country , - invoices , - titles of ownership , - object id , - sales contracts - transport or insurance documents , - experts appraisals . competent authorities may request any additional document with a view to demonstrating the legality of exports from the source country when necessary .


### those implementing acts shall be adopted in accordance with the procedure referred to in article 13 . ### those implementing acts shall be adopted within one year following entry into force of this regulation and in accordance with the procedure referred to in article 13 .


### the european council conclusions of october 2014 endorsed a greenhouse gas emissions reduction of 30% by 2030 compared to 2005 for the sectors that are not part of the european union emissions trading system . road transport provides a major contribution to the emissions of those sectors , and its emissions remain significantly above 1990 levels . if the road transport emissions increase further , it will offset reductions made by other sectors to combat climate change . ### road transport emissions remain significantly above 1990 levels , offsetting reductions made by other sectors to combat climate change .


### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should have the possibility to review the level of the cap , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes . ### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should have the possibility to review the level of the cap and adjust it downwards , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes .


### manufacturers’ compliance with the targets under this regulation should be assessed at union level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year . the amounts of the excess emissions premium should be considered as revenue for the general budget of the union . ### manufacturers’ compliance with the targets under this regulation should be assessed at union level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year . the amounts of the excess emissions premium should be considered as revenue primarily to be earmarked for the union road transport sector , to enable the just transition to low - carbon mobility , and to contribute to research and development in the automotive industry , on technologies such as new drivetrains , fuels , testing , and for road safety . these should also be used to proactively address the inevitable social impacts of the low - carbon transition in the automotive sector , which will be particularly pronounced in certain most affected regions . it is paramount therefore that current measures facilitating the low - carbon transition are also accompanied by targeted programmes for redeployment , re - skilling and up - skilling of workers , as well as education and job - seeking initiatives conducted in close dialogue with the social partners .


### it is important that the setting of co2 emissions reduction requirements continues to provide union - wide predictability and planning security for vehicle manufacturers across their new car and light commercial vehicle fleets in the union . ### it is established that the gap between declared co2 emission rates and those under real driving conditions has widened substantially since the entry into force of the first union legislation on co2standards for light - duty vehicles , and , although wltp should reflect more closely typical real - world driving conditions than the nedc , it will still be limited to a laboratory test procedure , which means that the gap may grow again after a few years , but also that the illegal use of defeat devices remains possible and can stay undetected .


### while the union is among the world ' s major producers of motor vehicles and demonstrates technological leadership in this sector , competition is increasing and the global automotive sector is changing rapidly through new innovations in electrified powertrains , and cooperative , connected and automated mobility . in order to retain its global competitiveness and access to markets , the union needs a regulatory framework , including a particular incentive in the area of zero - and low - emission vehicles , which creates a large home market and supports technological development and innovation . ### while the union is among the world ' s major producers of motor vehicles and demonstrates technological leadership in this sector , competition is increasing and the global automotive sector is changing rapidly through new innovations in electrified powertrains , and cooperative , connected and automated mobility . if the union industry engages late in the necessary energy transition in the transport sector , it will lose its leading role . in order to retain its global competitiveness and access to markets , the union needs a regulatory framework , including a particular incentive in the area of zero - and low - emission vehicles , which creates a large home market and supports technological development and innovation .


### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles . ### reduction levels for the union - wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030 , taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the union climate and energy targets for 2030 and beyond . this stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero - and low - emission vehicles .


### the effectiveness of the targets set out in this regulation in reducing co2 emissions in reality is strongly dependent on the representativeness of the official test procedure . in accordance with the opinion of the scientific advice mechanism 23 and the recommendation of the european parliament , following its inquiry into emission measurements in the automotive sector24 , a mechanism should be put in place to assess the real world representativeness of vehicle co2 emissions and energy consumption values determined in accordance with regulation 2017 / 1151 . the commission should have the powers to ensure the public availability of such data , and , where necessary , develop the procedures needed for identifying and collecting the data required for performing such assessments . __________________ 23 high level group of scientific advisors , scientific opinion 1 / 2016 ' closing the gap between light - duty vehicle real - world co2 emissions and laboratory testing ' 24 european parliament recommendation of 4 april 2017 to the council and the commission following the inquiry into emission measurements in the automotive sector ) ### the effectiveness of the targets set out in this regulation in reducing co2 emissions in reality is strongly dependent on the representativeness of the official test procedure . in accordance with the opinion of the scientific advice mechanism 23 and the recommendation of the european parliament , following its inquiry into emission measurements in the automotive sector24 , a mechanism should be put in place to assess the real world representativeness of vehicle co2 emissions and energy consumption values determined in accordance with regulation 2017 / 1151 . the commission should determine the representativeness of the test results in 2021 by using data from fuel consumption meters and take appropriate measures if the representativeness decreases in the following years . the commission should have the powers to ensure the public availability of such data , and , where necessary , develop the procedures needed for identifying and collecting the data required for performing such assessments . __________________ 23 high level group of scientific advisors , scientific opinion 1 / 2016 ' closing the gap between light - duty vehicle real - world co2 emissions and laboratory testing ' 24 european parliament recommendation of 4 april 2017 to the council and the commission following the inquiry into emission measurements in the automotive sector )


### the commission may adjust the cap with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 . ### the commission may adjust the cap downwards with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 .


### 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 incentive mechanism should be introduced to facilitate a smooth and timely 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 . this mechanism should be neutral towards all technologies or innovative fuels .


### the european council conclusions of october 2014 endorsed a greenhouse gas emissions reduction of 30% by 2030 compared to 2005 for the sectors that are not part of the european union emissions trading system . road transport provides a major contribution to the emissions of those sectors , and its emissions remain significantly above 1990 levels . if the road transport emissions increase further , it will offset reductions made by other sectors to combat climate change . ### road transport emissions , including emissions from passenger cars and light commercial vehicles , remain significantly above 1990 levels , offsetting reductions made by other sectors to combat climate change .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union in order to boost the economy and job creation , and to ensure increased access to financing with the aim of generating jobs and growth , as well as social and cultural inclusion . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion .


### investment in education and training , health , research and development , information and communications technology and innovation ; ### investment in social policies including social protection and social services , culture , education and training , health , research and development , information and communications technology and innovation ;


### after the commission has registered an initiative in accordance with article 6 , it shall provide the translation of the content of that initiative into all the official languages of the union for its publication in the register and its use for the collection of statements of support in accordance with this regulation . a group of organisers may , in addition , provide translations into all the official languages of the union of the annex for its publication in the register and also , as the case may be , of the draft legal act referred to in annex ii and submitted in accordance with article 6 . ### after the commission has registered an initiative in accordance with article 6 , it shall provide the free translation of the content of that initiative into all the official languages of the union for its publication in the register and its use for the collection of statements of support in accordance with this regulation . a group of organisers may , in addition , provide translations of the proposed citizens’ initiative in other languages authorised by the member states in accordance with applicable national law as well as translations of the annex or an explanatory statement into all the official languages of the union , for the publication of both in the register . if a draft legal act , as referred to in annex ii , is submitted in accordance with article 6 , it may also be included in the register . if an annex or an explanatory statement has less than 5 000 characters , the group of organisers may also request the commission to translate the annex free of charge into all official languages of the union .


### 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 shall raise public awareness about the existence of the european citizens ' initiative through communication activities and information campaigns , thereby contributing to promoting the active participation of citizens in the political life of the union . ### the commission , with the support of the european parliament and other union institutions , as well as member states , shall raise public awareness about the existence of the european citizens ' initiative through proactively carrying out communication activities and information campaigns using all public channels available , thereby maximising its added - value and contributing to promoting the active participation of citizens in the political life of the union . the commission may grant financial support to entities that contribute to the overall promotion of the citizens ' initiative as a democratic participation instrument , provide free technical support and legal advice to the organisers .


### in order to ensure that an initiative is representative and to ensure similar conditions for citizens to support an initiative , it is also appropriate to establish the minimum number of signatories coming from each of those member states . those minimum numbers of signatories required in each member state should be degressively proportional and correspond to the number of members of the european parliament elected in each member state , multiplied by 750 . ### in order to ensure that an initiative is representative and to ensure similar conditions for citizens to support an initiative , it is also appropriate to establish the minimum number of signatories coming from each of those member states . those minimum numbers of signatories required in each member state should be degressively proportional and correspond to the number of members of the european parliament elected in each member state , multiplied by the total number of members of the european parliament at the time of registration of the initiative .


### statements of support for an initiative should be collected within a specific time limit . in order to ensure that an initiative remains relevant , whilst taking into account the complexity of collecting statements of support across the union , that time limit should not be longer than 12 months from the date of the start of the collection period determined by the group of organisers . ### statements of support for an initiative should be collected within a specific time limit . in order to ensure that an initiative remains relevant , whilst taking into account the complexity of collecting statements of support across the union , that time limit should not be longer than 18 months from the date of the start of the collection period determined by the group of organisers .


### each member state shall establish one or more contact points to provide information and assistance to groups of organisers in setting up a european citizens’ initiative . ### each member state shall establish one or more contact points to provide information , as well as specific technical and legal advice and other assistance to groups of organisers in setting up a european citizens’ initiative . such one - stop - shops shall be present at least in the different commission representation offices in all member states ;


### 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 .


### the commission and the european parliament shall co - organize the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organise the public hearing . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders and representatives of civil society and social partners , shall be given the opportunity to participate in the hearing . within one month of the public hearing , the european parliament should hold a plenary debate on the initiative , which may be followed by a vote on a motion for resolution proposing a specific recommendation to the commission .


### the commission and the european parliament shall co - organize the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organise the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , and in particular the european economic and social committee , shall be given the opportunity to participate in the hearing . the attendance of other interested stakeholders shall be subject to the consent of the group of organisers . the public hearing shall be web - streamed and publically available thereafter .


### the commission shall periodically review the functioning of the european citizens ' initiative and present a report to the european parliament and the council on the application of this regulation no later than five years from the date of application of this regulation , and every five years thereafter . the reports shall be made public . ### the commission shall periodically review the functioning of the european citizens ' initiative and present a report to the european parliament and the council on the application of this regulation no later than three years from the date of application of this regulation , and every three years thereafter . the reports shall be made public .


### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee and the committee of the regions . ### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee , the committee of the regions , as well as to national parliaments .


### without prejudice to the liability of the representative of the group of organisers as data controller under article 82 of regulation 2016 / 679 , the members of a group of organisers shall be jointly and severally liable , in accordance with applicable national law , for any damage caused in the organisation of an initiative by unlawful acts committed intentionally or with serious negligence . ### without prejudice to the liability of the representative of the group of organisers as data controller under article 82 of regulation 2016 / 679 , the members of a group of organisers or , if applicable the legal entity created by them , shall be jointly liable , in accordance with applicable national law , for any damage caused in the organisation of an initiative by unlawful acts committed intentionally or with serious negligence .


### all statements of support shall be collected within a period not exceeding 12 months from a date chosen by the group of organisers , without prejudice to article 11 . that date must be not later than three months from the registration of the initiative in accordance with article 6 . ### all statements of support shall be collected within a period not exceeding 18 months from a date chosen by the group of organisers , without prejudice to article 11 . that date must be not later than three months from the registration of the initiative in accordance with article 6 .


### 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 . as a consequence , the provisions of this regulation should apply inter alia to electronically supplied services and intangible goods , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter in respect of which the trader has the rights to use such content for the relevant territories . the inclusion of audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events is particularly important to conform with consumer expectations .


### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the possible extension of the prohibition of article 4 to 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 , provided that the trader has the requisite rights for the relevant territories . ### this regulation should be regularly evaluated , with a view to proposing amendments where necessary . the first evaluation should concentrate , in particular , on the application of the prohibition of article 4 to electronically supplied services and intangible goods , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter in respect of which the trader has the rights to use such content for the relevant territories , with a view to its possible extension to other cases , as well as the development of consumer prices and purchasing power in the single market following this regulation .


### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . compliance with this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 . ### this regulation shall not affect acts of union law concerning judicial cooperation in civil matters . mere compliance with articles 3 , 4 , and 5 of this regulation shall not be construed as implying that a trader directs his or her activities to the member state where the consumer has the habitual residence or domicile within the meaning of point of article 6 of regulation no 593 / 2008 and point of article 17 of regulation 1215 / 2012 , unless the existence of other additional elements indicate that the trader directs his or her commercial or professional activities to such member state .


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state within the meaning of article 6 of regulation no 593 / 2008 , and of article 17 of regulation 1215 / 2012 . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### this regulation respects fundamental rights and observes the principle recognised in the charter of fundamental rights of the european union . in particular this regulation seeks to ensure full respect of articles 16 and 17 thereof , ### this regulation respects fundamental rights and observes the principle recognised in the charter of fundamental rights of the european union . in particular this regulation seeks to ensure full respect of articles 11 , 16 and 17 thereof ,


### in its ‘ reflection paper on harnessing globalisation’20 the commission identifies the combination of trade related globalisation and technological change as the major drivers of an increased demand for skilled labour and a reduced number of jobs that require lower qualifications . despite the overall tremendous advantages of more open trade and further integration of world economies , these negative side effects need to be tackled . as the current benefits of globalisation are already unequally distributed among people and regions , causing a significant impact on those adversely affected , there is a danger that the ever faster evolving technological advances will further fuel these effects . therefore , in line with the principles of solidarity and sustainability , it will be necessary to ensure that the benefits of globalisation will be shared more fairly by reconciling economic opening and technological advance with social protection . __________________ 20 https : / / ec . europa . eu / commission / publications / reflection - paper - harnessing - globalisation_en . ### in its ‘ reflection paper on harnessing globalisation’20 the commission identifies the combination of trade related globalisation and technological change as the major drivers of an increased demand for skilled labour and a reduced number of jobs that require lower qualifications . despite the overall tremendous advantages of more open trade and further integration of world economies , these negative side effects need to be tackled . as the current benefits of globalisation are already unequally distributed among people and regions , causing a significant impact on those adversely affected , there is a danger that the ever faster evolving technological advances will further fuel these effects . therefore , in line with the principles of solidarity and sustainability , it will be necessary to ensure that the effects of globalisation are better anticipated , and its potential benefits are distributed more fairly by reconciling economic opening and technological advance with strong social protection . __________________ 20 https : / / ec . europa . eu / commission / publications / reflection - paper - harnessing - globalisation_en .


### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market . ### persons who are blind , visually impaired or otherwise print disabled , including those with physical disabilities unable to hold or manipulate a book , continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market .


### under the charter of fundamental rights of the european union , the union recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community . ### under the charter of fundamental rights of the european union , the union prohibits discrimination on the basis of disability and recognises and respects the right of people with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community .


### no sooner than [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . ### by [ five years after the date of transposition ] , the commission shall carry out an evaluation of this directive and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this directive . the commission’s report shall take into account the viewpoints of relevant civil society actors , including organisations working for and with persons with disabilities and those representing older persons .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit of persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , or as a result of a learning disability , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , online or offline , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts .


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the union is a party as of 21 january 2011 , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political , work and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### this directive is designed for the benefit persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . ### this directive is designed for the benefit of persons who are blind , have a visual impairment which cannot be improved so as to give those persons visual function substantially equivalent to that of a person who has no such impairment , or have a perceptual or reading disability , including dyslexia , or any other relevant learning disability , preventing them from reading printed works to substantially the same degree as persons without such disability , or are unable to hold or manipulate a book or to focus or move the eyes to the extent that would be normally acceptable for reading due to a physical disability . the objective of the measures introduced by this directive is to improve the availability of books , journals , newspapers , magazines and other writings , sheet music and other print material , including in audio form , whether digital or analogue , online or offline , in formats that make those works and other subject - matter accessible to those persons to substantially the same degree as to persons without an impairment or disability . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts .


### ' work and other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio forms such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work and other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , online or offline , &#160 ; including in audio forms such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ;


### a person who has a perceptual or reading disability , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or ### a person who has a perceptual or reading disability , including dyslexia , or any other relevant learning disability , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the union is a party as of 21 january 2011 , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### ‘ 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 ;


### an authorisation shall be required for any export of goods listed in annex iiia , 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 . ### an authorisation shall be required for any export of goods listed in annex iiia , irrespective of the origin of such goods . a transit authorisation shall be required for goods listed in annex iiia which only pass through the customs territory of the union ;


### a supplier of technical assistance shall be prohibited from supplying to any person , entity or body in a third country technical assistance in relation to goods listed in annex iiia , irrespective of the origin of such goods , if the supplier of technical assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for capital punishment in a country that does not belong to the customs territory of the union . ’ ### a supplier of technical assistance shall be prohibited from supplying to any person , entity or body in a third country technical assistance in relation to goods listed in annex iiia , irrespective of the origin of such goods , if the supplier of technical assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for capital punishment in a country that does not belong to the customs territory of the union . ’ a supplier of technical assistance shall also be prohibited from giving instruction , advice , training , or transmitting working knowledge or skills that could aid the commission of judicial executions .


### ‘ 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 ;


### a supplier of technical assistance shall be prohibited from supplying to any person , entity or body in a third country technical assistance in relation to goods listed in annex iii , irrespective of the origin of such goods , if the supplier of such assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for torture or other cruel , inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the union . ### a supplier of technical assistance shall be prohibited from supplying to any person , entity or body in a third country technical assistance in relation to goods listed in annex iii , irrespective of the origin of such goods , if the supplier of such assistance knows or has grounds for suspecting that some or all of the relevant goods are or may be intended to be used for torture or other cruel , inhuman or degrading treatment or punishment in a country that does not belong to the customs territory of the union . a supplier of technical assistance shall also be prohibited from giving instruction , advice , training or transmitting working knowledge or skills that could aid the commission of judicial executions , torture or other ill - treatment .


### 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 .


### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of audiovisual media services distribution . __________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm . ### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while taking into account the specific needs of audiovisual media services distribution . reducing the digital divide , in coverage as well as in knowledge , is an important aspect that has to be a priority , without creating new divides when users take up new technologies . __________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm .


### 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 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 innovative user driven initiatives , 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 .


### the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible . this should include the possibility for holders of rights of use of spectrum to trade and lease their existing rights in the context of the application of articles 9 , 9a and 9b of directive 2002 / 21 / ec24 . __________________ 24 directive no 2002 / 21 / ec of 7 march 2002 on a common regulatory framework for electronic communications networks and services . ### the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible . this should include the possibility for holders of rights of use of spectrum to trade and lease their existing rights in the context of the application of articles 9 , 9a and 9b of directive 2002 / 21 / ec24 . measures to be adopted should also take into account the duration of licences and the fast pace of technological evolution . in that regard , a limitation of the licensing period could contribute to avoiding stagnation and monopoly building . __________________ 24 directive no 2002 / 21 / ec of 7 march 2002 on a common regulatory framework for electronic communications networks and services .


### 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 distributor who considers that a vehicle , system , component or separate technical unit that he has made available on the market is not in conformity with this regulation , shall inform the manufacturer or the importer to ensure that the appropriate measures necessary to bring that vehicle , system , component or separate technical unit into conformity , to withdraw it from the market or to recall it , as appropriate , are taken in accordance with article 12 or article 15 . ### where a distributor considers that a vehicle , system , component or separate technical unit that it has made available on the market is not in conformity with this regulation , it shall inform the commission , the manufacturer , the importer and the approval and market surveillance authorities to ensure that the appropriate measures necessary to bring that vehicle , system , component or separate technical unit into conformity , to withdraw it from the market or to recall it , as appropriate , are taken in accordance with article 12 or article 15 .


### member states shall take the necessary measures to ensure that market surveillance authorities may , where they consider it necessary and justified , be entitled to enter the premises of economic operators and seize the necessary samples of vehicles , systems , components and separate technical units for the purposes of compliance testing . ### member states shall take the necessary measures to ensure that market surveillance authorities are empowered , only where they consider it necessary and justified , to enter the premises of economic operators in the respective member states and to define the necessary samples of vehicles , systems , components and separate technical units for the purposes of compliance testing . when cases of non - compliance are confirmed , member states shall enforce any measures requiring the taking of remedial action , such as recalls , requested repairs , compensation and the imposition of penalties .


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


### the member states shall draw up the annual plan for the peer - review , ensuring an appropriate rotation in respect of reviewing and reviewed type - approval authorities , and submit it to the commission . ### the forum established by article 10 shall draw up a working plan for the peer - review , ensuring an appropriate rotation in respect of reviewing and reviewed type - approval authorities . the frequency of the peer - review as well as the composition of the teams reviewing the type - approval authority may vary depending on the number of type - approvals of vehicle categories or systems , components and separate technical units carried out by the reviewed authority in the individual member state concerned .


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


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


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


### falsifying test results for type - approval ; ### falsifying test results for type - approval , meaning that the results cannot be reproduced empirically in a new testing environment where the conditions and values can be verified by the relevant authority ;


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


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


### the 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 .


### the commission shall organise and carry out , or require to be carried out , on an adequate scale , tests and inspections of vehicles , systems , components and separate technical units already made available on the market , with a view to verifying that those vehicles , systems , components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals . ### the commission shall organise and carry out , or require to be carried out , in accordance with article 8 , tests and inspections of vehicles , systems , components and separate technical units already made available on the market , with a view to verifying that those vehicles , systems , components and separate technical units conform to the type - approvals and to applicable legislation as well as to ensure the correctness of the type - approvals . where those tests and inspections are carried out by a technical service , they shall not be performed by the same technical service as that used to perform the original type - approval tests .


### the commission shall establish and chair a forum for exchange of information on enforcement . ### the commission shall establish , chair and oversee a forum for exchange of information on enforcement .


### 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 .


### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information . ### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type - approvals , and in so doing shall pay attention to safety and environmental standards . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples that reflect the number of vehicles in the member state concerned . when doing so , market surveillance authorities shall take account of established principles of risk assessment , including complaints , the popularity of vehicle models and their parts , the results of tests carried out by third parties , new technologies on the market , reports resulting from periodic technical inspections and other information .


### market surveillance authorities shall carry out their duties independently and impartially . they shall observe confidentiality where necessary in order to protect commercial secrets , subject to the obligation of information laid down in article 9 to the fullest extent necessary in order to protect the interests of users in the european union . ### market surveillance authorities shall carry out their duties independently and impartially . in particular , they shall , as regards administrative , technical and financial arrangements , act fully independently , and there shall be a strict separation between them and type - approval authorities , technical services and manufacturers . they shall observe confidentiality where necessary in order to protect commercial secrets , subject to the obligation to provide information laid down in article 9 to the fullest extent necessary in order to protect the interests of users in the union .


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


### the approval authority and technical services shall have access to the software and algorithms of the vehicle . ### the approval authority and technical services shall have access to the software and algorithms of the vehicle . for the fulfilment of the obligations specified in article 8 and for the purposes of the compliance verification specified in article 9 , the market surveillance authorities and the commission shall have access to the software and algorithms of the vehicle .


### this forum shall be composed of members appointed by the member states . ### this forum shall be composed of members appointed by the member states and by the european parliament .


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


### the 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 granted . 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 and , upon request , to third parties . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types .


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


### those national fees shall be levied on the manufacturers who have applied for type - approval in the member state concerned . fees shall not be levied directly by technical services . ### fees shall be levied on the manufacturers who have applied for type - approval in the member state concerned . fees shall not be levied directly by technical services .