### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the first member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations or to prove the absence of such laws and regulations . the licit export from the source country should be proved with the appropriate supportive documents and evidence , in particular , export certificates or export licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . in cases where the source country of the cultural goods cannot be reliably determined , the application should be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations . the import of cultural goods that originate in conflict - affected or high - risk countries should always require the presentation of a licence issued by the competent authority of the first member state of entry . persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country in accordance with its laws and regulations , therefore excluding the possibility to prove the legal export from the export country . the commission should establish , by means of implementing acts , a regularly updated list of conflict - affected and high - risk countries by means of which restrictive measures applied to cultural goods should be established , in accordance with article 215 of the treaty on the functioning of the european union . the commission should call upon external expertise such as unesco and the international council of museums to provide for such list which should be based , along the lines of the resolutions of the un security council , on the red lists published by icom , which classify the endangered categories of archaeological objects or works of art in the most vulnerable areas of the world in order to prevent them being sold or illegally exported .


### 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 to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states in the framework of the regulation no 952 / 2013 . such establishment can form part of the work programme established under article 280 of that regulation . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### the commission , with the cooperation of the member states , shall organise : training and capacity - building activities and awareness - raising campaigns to ensure the effective implementation of this regulation , ii . actions to foster the effective cooperation of source countries iii . an exchange of best practices aimed at promoting uniform implementation of this regulation , especially the appropriate practices from member states that have national legislation in force on the import of cultural goods before the entry into force of this regulation .


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement shall consist in : a declaration signed by the declarant of the goods that the goods have been exported from the source country in accordance with its laws and regulations ; b ) a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities ; c ) the export certificates or licences issued by the source country , providing evidence that the cultural goods in question were exported from the source country in accordance with its laws and regulations . in case the source country’s legislation does not foresee the issue of export licences or certificates , the importer statement shall contain appropriate supportive documents and evidence , such as , inter - alia , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals .


### 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 licence to the competent authority of first member state of import . 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 .


### 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 .


### the competent authority of the member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application . ### the competent authority of the first member state of import shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application .


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


### where the export country is not a contracting party to the 1970 unesco convention , it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations ; ### when it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations ;


### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature and to amend the minimum age threshold in the third column of the table in the annex in the light of experience gathered during the implementation of this regulation . ### the commission is empowered to adopt delegated acts in accordance with article 12 in order to amend the second column of the table in the annex following amendments in the combined nomenclature .


### ' 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 item 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 and financial threshold specified therein ;


### 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 .


### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation . ### storage of cultural goods from countries affected by armed conflict or suffering a natural disaster with the intend to return those goods to their country of origin or the third country to which they were lawfully exported , when the situation so allows , should also be permitted without the presentation of an import licence or a statement in order to ensure their safety and preservation .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of an import licence issued by the competent authority of the member state of entry prior to the import into the customs territory of the union of those goods . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , object id , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue an import licence without undue delay .


### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific and academic research purposes ; ### the temporary admission , within the meaning of article 250 of regulation no 952 / 2013 , in the customs territory of the union of cultural goods for educational , scientific , performing arts and academic research purposes ;


### 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 external border disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a minimum age threshold for most of the categories of cultural goods , in line with regulation no 116 / 2009 and the provisions of the1954 hague convention , the 1970 unesco convention and of the 1995 unidroit convention , and a financial threshold for certain categories of cultural goods as stated in the annex . certain categories of cultural goods should not be subject to a financial threshold since they require a reinforced protection due to their higher risk of pillage , loss or destruction . the 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 . the minimum financial threshold for certain categories of cultural goods is the value established for most of the categories contained in the annex of the regulation no 116 / 2009 on the export of cultural goods , which is in line with the objective of the proposal and the international conventions , and will minimise the burden on the art market operators .


### 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 release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the import of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an electronic importer statement to the customs authorities of the first member state of entry . the previous paragraph does not apply to cultural goods that originate in conflict - affected or high - risk countries . such cultural goods require the presentation of an import licence issued by the competent authority of the first member state of entry in accordance with the provisions set out in article 4 .


### for the purposes of implementing this regulation , member states shall ensure co - operation between their competent authorities referred to in article 3 . ### for the purposes of implementing this regulation , member states shall ensure co - operation between their competent authorities referred to in article 4 .


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


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement shall consist in : a declaration signed by the declarant of the goods that the goods have been exported from the source country in accordance with its laws and regulations ; b ) a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities ; c ) the export certificates or licences issued by the source country , providing evidence that the cultural goods in question were exported from the source country in accordance with its laws and regulations . in case the source country’s legislation does not foresee the issue of export licences or certificates , the importer statement shall contain appropriate supportive documents and evidence , such as , inter - alia , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , , and of the annex shall be subject to the submission of an importer statement and a preservation assurance to the customs authorities of the member state of entry .


### the holder of the goods shall apply for an import licence to the competent authority of the member state of entry . the application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on the means of prohibiting and preventing the illicit import , export and transfer of ownership of cultural property signed in paris on 14 november 1970 , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations . ### the holder of the cultural goods listed in the previous paragraph shall apply for an import licence to the competent authority of the first 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 or in the absence of such laws and regulations . in cases where the source country of the cultural goods cannot be reliably determined , the application for the import licence shall be accompanied by any supporting documents and information , providing evidence that the cultural goods were exported from the export country in accordance with its laws and regulations . the holder of cultural goods that originate in conflict - affected or high - risk countries shall always apply for an import licence to the competent authority of the first member state of entry . the application shall be accompanied by any supporting documents and information substantiating that such cultural goods have been exported from the source country in accordance with its laws and regulations .


### 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 .


### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 . ### the introduction of cultural goods removed from the territory of a source country in breach of the international conventions and the source country ' s laws and regulations is prohibited . the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 .


### the release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 . ### the import of cultural goods into the customs territory of the union shall only be permitted upon the presentation of an import licence issued in accordance with article 4 or of an importer statement made out in accordance with article 5 .


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### the commission , with the cooperation of the member states , shall organise : training and capacity - building activities and awareness - raising campaigns to ensure the effective implementation of this regulation , ii . actions to foster the effective cooperation of source countries iii . an exchange of best practices aimed at promoting uniform implementation of this regulation , especially the appropriate practices from member states that have national legislation in force on the import of cultural goods before the entry into force of this regulation .


### where member states restrict the number of customs offices competent to release cultural goods for free circulation or to place them under a special procedure other than transit , they shall communicate the details of those customs offices as well as any changes in that respect to the commission . ### member states may restrict the number of customs offices competent to allow the import of cultural goods . where member states apply that restriction , they shall communicate the details of those customs offices as well as any changes in that respect to the commission .


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


### temporary admission of cultural goods for educational , scientific or academic research purposes should not be subject to the presentation of a licence or of a statement . ### temporary admission of cultural goods for educational , exhibition , performance , restoration scientific or academic research purposes should not be subject to the presentation of an import licence or of a statement .


### zlev factor is , unless this sum is larger than 1 . 05 or lower than 1 . 0 in which case the zlev factor shall be set to 1 . 05 or 1 . 0 as the case may be ### zlev factor is , unless this sum is larger than 1 . 05 or lower than 0 . 95 in which case the zlev factor shall be set to 1 . 05 or 0 . 95 as the case may be


### 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 policy mechanism should be introduced to facilitate a smooth transition towards zero - emission mobility . this crediting and debiting mechanism should be designed so as to promote the deployment on the union market of zero - and low - emission vehicles .


### setting a benchmark for the share of zero - and low - emission vehicles in the eu fleet together with a well - designed mechanism for adjusting a manufacturer ' s specific co2 target based on the share of zero - and low - emission vehicles in the manufacturer ' s own fleet should provide a strong and credible signal for the development and deployment of such vehicles while still allowing for the further improvement of the efficiency of the conventional internal combustion engines . ### setting a strong benchmark for the share of zero - and low - emission vehicles in the eu fleet together with a well - designed mechanism for adjusting a manufacturer ' s specific co2 target based on the share of zero - and low - emission vehicles in the manufacturer ' s own fleet should provide a strong and credible signal for the development and deployment of such vehicles while still allowing for the further improvement of the efficiency of the conventional internal combustion engines .


### x is 15% ### x is 20 %


### 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 . in order to retain its global competitiveness and access to markets , the union needs a regulatory framework , including a particular policy mechanism in the area of zero - and low - emission vehicles , which creates a large home market and supports technological development and innovation .


### 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 most reliable way to ensure the real world representativeness of type - approval values is by introducing a real - world co2 emissions test , which the commission should be empowered to develop . that test should be developed by means of delegated acts and introduced at the latest two years after the date of application of this regulation . however , in the meantime , and until it becomes applicable , compliance should be ensured by using data from the fuel consumption meters to be reported by manufacturers coupled with a not - to - exceed limit of a maximum of 15 % above the type - approval values measured as of 2021 using the wltp test . the commission should have the powers to ensure the public availability of such data , and to develop the procedures needed for collecting the fuel consumption 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 ) .


### x is 15% in the years 2025 to 2029 and 30% in 2030 onwards . ### x is 20 % in the years 2025 to 2029 and 50 % in 2030 onwards .


### the amounts of the excess emissions premium shall be considered as revenue for the general budget of the union . ### the amounts of the excess emissions premium shall be earmarked for funding alternative fuels infrastructure according to directive 2014 / 94 / eu .


### in order to amend or supplement non - essential elements of the provisions of this regulation the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending annexes ii and iii as regards data requirements and data parameters , supplementing the rules on the interpretation of the eligibility criteria for derogations from the specific emissions targets , on the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of co2 , adjusting the figure of m0 and tm0 , referred to in article 13 , the 7 g co2 / km cap referred to in article 11 , and the adjustment of the formulae in annex i referred to in article 14 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states ' experts , and their experts should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to amend or supplement non - essential elements of the provisions of this regulation the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending annexes ii and iii as regards data requirements and data parameters , establishing the rules and procedures for reporting life - cycle emissions referred to in article 7 , supplementing the rules on the interpretation of the eligibility criteria for derogations from the specific emissions targets , on the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of co2 , adjusting the figure of m0 and tm0 , referred to in article 13 , the 7 g co2 / km cap referred to in article 11 , developing a real - world co2 emissions test referred to in article 12 and the adjustment of the formulae in annex i referred to in article 14 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states ' experts , and their experts should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for a period of five years from . . . [ the date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### x is 15% in the years 2025 to 2029 and 30% in 2030 onwards . ### x is 20% in 2030 onwards .


### a delegated act adopted pursuant to the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### 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 for the general budget of the union and be earmarked for targeted programmes for redeployment , re - skilling and up - skilling of workers affected by structural changes in the automotive sectors , education and job - seeking initiatives in close dialogue with social partners as well as public - private initiatives in the role - out of infrastructure for alternative fuels ;


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


### the commission may adopt detailed rules on the procedures for reporting such deviations and for taking them into account in the calculation of the average specific emissions . those procedures shall be adopted by way of implementing acts in accordance with the examination procedure referred to in article 15 . ### the commission shall adopt detailed rules on the procedures for reporting such deviations and for taking them into account in the calculation of the average specific emissions . those procedures shall be adopted by way of implementing acts in accordance with the examination procedure referred to in article 15 .


### the commission shall monitor and assess the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 . it shall ensure that the public is informed of how that representativeness evolves over time . ### the commission shall monitor and assess the real world representativeness of the co2 emission and energy consumption values determined in accordance with regulation 2017 / 1151 .


### 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 .


### the procedure for granting derogations from the 95 g co2 / km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target . , however , experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets and with regard to the targets set from 2025 onwards it is not considered appropriate to distinguish between those two categories of manufacturers . ### experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets , therefore , it is not considered appropriate to distinguish between those two categories of manufacturers .


### an evaluation of regulations no 443 / 2009 and no 510 / 2011 in 2015 concluded that those regulations have been relevant , broadly coherent , and have generated significant emissions savings , whilst being more cost - effective than originally anticipated . they have also generated significant added value for the union that could not have been achieved to the same extent through national measures . ### an evaluation of regulations no 443 / 2009 and no 510 / 2011 in 2015 concluded that those regulations have been relevant , broadly coherent , and have generated significant emissions savings , whilst being more cost - effective than originally anticipated . they have also generated significant added value for the union that could not have been achieved to the same extent through national measures . however , that evaluation also concluded that actual co2 savings achieved are considerably less than those suggested by the type - approval test performance and that the ‘ emissions gap’ between type - approval test and real - world performance has considerably undermined the effectiveness of the co2 performance standards as well as consumers ' trust in the potential fuel savings of new vehicles .


### the delegation of power referred to in the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic value added , promoting research , education and training , and contributing to achieving union policy objectives .


### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote job creation , long - term growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use . ### the efsi should target projects delivering high societal and economic value . in particular , the efsi should target projects that promote education , training , research , job creation , long - term sustainable growth and competitiveness . the efsi should support a wide range of financial products , including equity , debt or guarantees , to best accommodate the needs of the individual project . this wide range of products should allow the efsi to adapt to market needs whilst encouraging private investment in the projects . the efsi should not be a substitute for private market finance but should instead catalyse private finance by addressing market failures so as to ensure the most effective and strategic use of public money . the requirement for consistency with state aid principles should contribute to such effective and strategic use .


### 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 .


### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . ### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall duly substantiate the reasons of its decision and inform the group of organisers and of all possible judicial and extrajudicial remedies available to them . this information includes the recourse to the scrutiny board established by article 21a .


### to achieve those objectives , the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate to the nature of this instrument . they should strike a judicious balance between rights and obligations . ### to achieve those objectives , the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly including for persons with disabilities and proportionate to the nature of this instrument . they should strike a judicious balance between rights and obligations and ensure that successful initiatives receive an appropriate follow up from the commission .


### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . ### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . the commission should perform quality and random checks on the financial and funding sources provided by the eci organisers . citizens should also be able to trigger an alert in case of suspicions of wrongdoings . the sources of support and funding should also be publicly available and regularly updated together with the rest of the information on the eci initiative published online .


### to ensure the effective participation of citizens in the democratic life of the union , the commission should examine a valid initiative and respond to it . the commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative . the commission should explain in a clear , comprehensible and detailed manner the reasons for its intended action , and should likewise give its reasons if it does not intend to take any action . ### to ensure the effective participation of citizens in the democratic life of the union , the commission after the public hearing and plenary debate in the european parliament and after proper dialogue with the eci organisers , should examine a valid initiative and respond to it in due time taking into account that successful initiatives should have an appropriate follow up . the commission should therefore set out its legal and political conclusions as well as the legislative or non - legislative actions it intends to take within a period of five months from the receipt of the initiative . the commission should explain in a clear , comprehensible and detailed manner the reasons for its intended action , and should likewise give its detailed and clear reasons if it does not intend to take any action , be it partial or complete refusal .


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


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


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


### in order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the treaties and this regulation , initiatives that comply with the conditions laid down in this regulation should be registered by the commission before collecting statements of support from citizens . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the treaties and this regulation , initiatives that comply with the conditions laid down in this regulation should be registered by the commission before collecting statements of support from citizens . all registered initiatives should be made publicly available , prior to collecting the necessary statements of support from citizens , on the commission website specially designated to eci initiatives . the commission should deal with registration in accordance with the general principles of good administration .


### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories to provide citizens with information and assistance regarding the european citizens’ initiative . ### in order to make the european citizens ' initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance free of charge to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens ' initiative , that will serve also as a platform for the exchange of ideas and best practices and to enable citizens to discuss proposed citizens ' initiatives and to formulate new ones . to ensure proximity to citizens , member states building upon the europe direct information centres should establish one or more eci help desks in their respective territories to provide citizens with information and assistance regarding the european citizens’ initiative on technical issues related to the eci , including how to promote the eci at national and local level . an annual eci conference at eu level should be organised on the eci day with the aim of further strengthening dialogue and exchange of best practices between organisers , civil society and social partners and eu institutions and to assess the state of implementation and effectiveness of the eci .


### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the european citizens’ initiative . ### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the european citizens’ initiative . the commission shall engage regularly with the eci organisers through the collaborative platform .


### 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 .


### this regulation aims to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative as a tool to foster debate and citizen participation at union level , and to bring the union closer to its citizens . ### this regulation aims to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and supporters , in order to encourage as many citizens as possible to get involved in organising , participating or supporting a european citizens ' initiative and to achieve the full potential of this instrument as a tool to foster debate and citizens’ participation at union level , promote european integration and bring the union closer to its citizens .


### statements of support for an initiative may only be collected after the initiative has been registered by the commission . ### statements of support for an initiative may only be collected after the initiative has been registered by the commission and where relevant&#160 ; after member states have verified the conformity of the individual online collection systems set up by the group of organisers within the requirements of this regulation .


### to ensure the effective participation of citizens in the democratic life of the union , the commission should examine a valid initiative and respond to it . the commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative . the commission should explain in a clear , comprehensible and detailed manner the reasons for its intended action , and should likewise give its reasons if it does not intend to take any action . ### to ensure the effective participation of citizens in the democratic life of the union , the commission should examine a valid initiative and respond to it . the commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative . the commission should explain in a clear , comprehensible and detailed manner the reasons for its intended action , and should give in an even more developed way its reasons if it does not intend to take any action .


### for the purpose of paragraph 1 a signatory shall be counted in its member state of nationality . ### for the purpose of paragraph 1 a signatory shall be counted in its member state of nationality irrespective of the place where the statement of support was signed by the signatory .


### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . ### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . the commission shall provide robust , consistent and comprehensive reasons for its decision to refuse to register an eci , so that citizens can understand and scrutinise its position and if necessary exercise their right to contest it . the commission shall make public in the register and on the website of the european citizens ' initiative the decision , reasoning and motivation of the commission to register , partially register or refuse to register an initiative .


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months of the submission of the initiative to the commission . the european parliament should ensure a balanced representation of relevant public and private interests as well as the representation at an appropriate level of the commission and the council . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . the organisers of a successful eci should be involved in the organization of such hearings to make sure the campaign that has taken place and citizenship support is fully reflected .


### 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 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 for now excluded from the scope of this regulation , pending a comprehensive review of the legislation . 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 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 non - audio - visual copyright - protected works and 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 . audio - visual works , including cinematographic works , and 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 for now 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 .


### the first evaluation referred to in paragraph 1 shall be carried out , in particular , with a view to assessing whether the prohibition of article 4 should also apply 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 . ### the first evaluation referred to in paragraph 1 shall be carried out , in particular , with a view to assessing whether the prohibition laid down in article 4 should continue to apply to audio - visual copyright - protected works and services , provided that the trader has the requisite rights for the relevant territories .


### the prohibition set out in paragraph 1 shall not apply in so far as a specific provision laid down in union law or in the laws of member states in accordance with union law prevents the trader from selling the goods or providing the services to certain customers or to customers in certain territories . ### the prohibition set out in paragraph 1 shall apply taking into account specific provisions laid down in union law or in the laws of member states in accordance with union law preventing the trader from selling the goods or providing the services to certain customers .


### 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 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 , pending a comprehensive review of the legislation affecting those services and provided that the trader has the requisite rights for the relevant territories .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the ip address used when accessing an online interface , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers .


### 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 . compliance with this regulation alone 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 . in particular , when a trader , acting in compliance with articles 3 , 4 and 5 , does not block or limit consumers ' access to its online interface , does not redirect them to a version of its online interface other than that which the consumer in question was initially attempting to access , regardless of their nationality or place of residence , and does not apply different general access conditions in situations covered by this regulation , that operator cannot be said for those reasons alone to be directing its activities towards the member state in which consumers have their usual or permanent place of residence .


### 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 possible extension of the application of article 4 to electronically supplied services , the main feature of which is the provision of access to and use of audio - visual copyright - protected works and services or other protected subject matter , provided that the trader has the requisite rights for the relevant territories .


### 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 introduces no additional rules to those concerning 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 council . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations .


### where the trader provides electronically supplied services , other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter ; ### where the trader provides electronically supplied services , other than services the main feature of which is the sale in non - material form or the provision of access to and use of copyright protected works or other protected subject matter ;


### in all those situations , traders may in some cases be prevented from selling goods or providing services to certain customers or to customers in certain territories , for reasons related to the nationality , place of residence or place of establishment of the customer , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary . ### in those situations , traders may in some cases be prevented from selling goods or providing services to certain customers , as a consequence of a specific prohibition or a requirement laid down in union law or in the laws of member states in accordance with union law . laws of member states may also require , in accordance with union law , traders to respect certain rules on the pricing of books . traders should not be prevented from complying with such laws in as far as necessary .


### the commission has decided , after having consulted erga , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded . ### the commission has decided , after having consulted the contact committee established pursuant to article 29 , that the measures are compatible with union law , in particular that assessments made by the member state taking those measures under paragraphs 2 and 3 are correctly founded .


### member states and the commission shall encourage the development of self - and co - regulatory codes of conduct regarding inappropriate audiovisual commercial communications for alcoholic beverages . those codes should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beverages . ### member states and the commission shall encourage the development of self - and co - regulation regarding inappropriate audiovisual commercial communications for alcoholic products . those steps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic products , for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services .


### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the european regulators group for audiovisual media services should therefore be empowered to provide opinions on jurisdiction upon the commission ' s request . ### establishing jurisdiction requires an assessment of factual situations against the criteria laid down in directive 2010 / 13 / eu . the assessment of such factual situations might lead to conflicting results . in the application of the cooperation procedures provided for in articles 3 and 4 of directive 2010 / 13 / eu , it is important that the commission can base its findings on reliable facts . the commission can ask the european regulators group for audiovisual media services to provide opinions on jurisdiction .


### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . the commission may give appropriate publicity to those codes of conduct . ### video - sharing platform providers or , where applicable , the organisations representing those providers in this respect shall submit to the commission draft union codes of conduct and amendments to existing union codes of conduct . the commission may request erga to give an opinion on the drafts , amendments or extensions of those codes of conduct . with due regard for the principle of transparency , the commission shall make those codes of conduct public .


### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as media pluralism , freedom of speech and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations . ### this directive is without prejudice to the ability of member states to impose obligations to ensure discoverability and accessibility of content of general interest under defined general interest objectives such as guaranteeing media independence and pluralism , freedom of speech and expression and cultural diversity . such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law . in this respect , member states should in particular examine the need for regulatory intervention against the results of the outcome of market forces . where member states decide to impose discoverability rules , they should only impose proportionate obligations on undertakings , in the interest of legitimate public policy considerations .


### in order to empower viewers , including parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical , mental or moral development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means . ### in order to empower viewers , in particular parents and minors , in making informed decisions about the content to be watched , it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors ' physical or mental development . this could be done , for instance , through a system of content descriptors indicating the nature of the content . content descriptors could be delivered through written , graphical or acoustic means .


### the market for tv broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers . ### the market for audiovisual media services has evolved and there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers .


### the market for tv broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications , in particular for quantitative rules for linear audiovisual media services , product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers . ### the market for tv broadcasting has evolved and there is a need for greater clarity with regard to audiovisual commercial communications , in particular for product placement and sponsorship . the emergence of new services , including without advertising , has led to a greater choice for viewers , who can easily switch to alternative offers .


### member states shall ensure that national regulatory authorities have adequate enforcement powers to carry out their functions effectively . ### member states shall ensure that national regulatory authorities have adequate enforcement powers to carry out their functions effectively in accordance with this directive and union law .