### before placing ppe on the market , importers shall ensure that the appropriate conformity assessment procedure referred to in article 18 have been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the ppe bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the instructions referred to in article 8 and that the manufacturer has complied with the requirements set out in article 8 and . ### before placing ppe on the market , importers shall ensure that the appropriate conformity assessment procedure referred to in article 18 have been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the ppe bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the requisite documents and that the manufacturer has complied with the requirements set out in article 8 and .


### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the instructions set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 . ### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the instructions set out in point 1 . 4 of annex ii in the official language of the end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 .


### the ce marking shall be affixed visibly , legibly and indelibly to the ppe . where that is not possible or not warranted on account of the nature of the ppe , it shall be affixed to the packaging and to the accompanying documents . ### the ce marking shall be affixed visibly , legibly and indelibly to the ppe . where that is not possible or not warranted on account of the nature of the ppe , it shall be affixed visibly , legibly and indelibly to the packaging and to the accompanying documents .


### a conformity assessment body shall be established under national law and have legal personality . ### a conformity assessment body shall be established under the national law of each member state and have legal personality .


### a conformity assessment body , its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly or indirectly involved in the design , manufacture , making available , use or maintenance of ppe , or represent the parties engaged in those activities . they shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified . this shall in particular apply to consultancy services . ### a conformity assessment body , its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly or indirectly involved in the design , manufacture , making available , marketing , use or maintenance of ppe , or represent the parties engaged in those activities . they shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified . this shall in particular apply to consultancy services .


### 4 . manufacturer ' s instructions ### 4 . manufacturer ' s instructions and information


### the date or period of obsolescence of the ppe or of certain of its components ; ### where applicable , the date or period of obsolescence of the ppe or of certain of its components ;


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources , promoting a more circular economy , increasing energy efficiency and reducing the level of the union ' s dependence .


### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be collected and processed using the common methodology and reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . until the common methodology for data collection and processing is established , the report shall assess of the organisation of the data collection , the sources of data and the methodology used in member states . the commission shall assess the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall cover an assessment of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . until the common methodology for data collection and processing is established , the report shall cover an assessment of the organisation of the data collection , the sources of data and the methodology used in member states . the commission shall assess the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years .


### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 1a . those implementing acts shall be adopted in accordance with the procedure referred to in article 11 . ### the commission shall adopt implementing acts laying down the common methodology for data collection and processing and the format for reporting data in accordance with paragraph 1a . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 11 .


### the commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 5a . those implementing acts shall be adopted in accordance with the procedure referred to in article 21 . ### the commission shall adopt implementing acts laying down the common methodology for data collection and processing and the format for reporting data in accordance with paragraph 5a . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21 .


### the commission shall draw up a report on the implementation of this directive and its impact on the environment and the functioning of the internal market by the end of 2016 at the latest . ### the commission shall draw up a report on the implementation of this directive and its impact on the environment and the functioning of the internal market by the end of 2016 at the latest and&#160 ; once every three years thereafter .


### in order to fully realise the energy efficiency potential and ensure that the road transport sector as a whole contributes to the greenhouse gas emission reductions agreed , it is appropriate to complement the already existing co2 emission standards for new passenger cars and light commercial vehicles by setting co2 emission performance standards for new heavy - duty vehicles . these standards will be a driver for innovation in fuel - efficient technologies , contributing to the strengthening of the technological leadership of the union’s manufacturers and suppliers . ### in order to fully realise the energy efficiency potential and ensure that the road transport sector as a whole contributes to the greenhouse gas emission reductions agreed , it is appropriate to complement the already existing co2 emission standards for new passenger cars and light commercial vehicles by setting co2 emission performance standards for new heavy - duty vehicles . these standards will be a driver for innovation in fuel - efficient technologies , contributing to the strengthening of the technological leadership of the union’s manufacturers and suppliers . it is also necessary to explore all potential emission reduction solutions , such as reducing overall road transport volumes , digitisation , convoy driving , ecological driving and logistics efficiency projects . in order to raise awareness of all fuel saving solutions and to quantify the impact , all vehicles should be equipped with real - time stock fuel consumption meters .


### taking into account that climate change is a trans - boundary problem and the need to safeguard a well - functioning single market both for road transport services as well as for heavy - duty vehicles , it is appropriate to set co2 emission standards for heavy - duty vehicles at union - level . those standards should be designed so as to be without prejudice to competition law . ### taking into account that climate change is a trans - boundary problem and the need to safeguard a well - functioning single market both for road transport services as well as for heavy - duty vehicles , it is appropriate to set co2 emission standards for heavy - duty vehicles at union - level . those standards should be designed so as to be without prejudice to competition law and to dovetail with all union policies .


### a reduction target should be set for 2025 as a relative reduction based on the average co2 emissions of those heavy - duty vehicles in 2019 , reflecting the deployment of readily available cost - effective technologies for conventional vehicles . the 2030 target should be considered aspirational and the final target should be determined pursuant to a review to be carried out in 2022 as there are more uncertainties on the uptake of more advanced technologies which are not yet readily available . ### a reduction target should be set for 2025 as a relative reduction based on the average co2 emissions of those heavy - duty vehicles in 2019 , reflecting the deployment of readily available , accessible , cost - effective technologies for conventional vehicles . the 2030 target should be considered aspirational and the final target should be determined pursuant to a review to be carried out in 2022 as there are more uncertainties on the uptake of more advanced technologies which are not yet readily available .


### liquefied natural gas is an available alternative fuel to diesel for heavy duty vehicles . the deployment of current and upcoming more innovative lng - based technologies will contribute to meeting the co2 emission targets in the short and medium term as the use of lng technologies leads to lower co2 emissions as compared to diesel vehicles . the co2 emission reduction potential of lng vehicles is already fully reflected in vecto . in addition , current lng technologies ensure a low level of air pollutant emissions such as nox and particulate matters . a sufficient minimum refuelling infrastructure is also in place and being further deployed as part of national policy frameworks for alternative fuel infrastructure . ### liquefied natural gas is an available alternative fuel for heavy duty vehicles that can lead to lower co2 emissions as compared to diesel vehicles . however , in the medium to longer term , lng will not be sufficient to put transport on the path towards zero - emission by midcentury , in line with the paris agreement .


### liquefied natural gas is an available alternative fuel to diesel for heavy duty vehicles . the deployment of current and upcoming more innovative lng - based technologies will contribute to meeting the co2 emission targets in the short and medium term as the use of lng technologies leads to lower co2 emissions as compared to diesel vehicles . the co2 emission reduction potential of lng vehicles is already fully reflected in vecto . in addition , current lng technologies ensure a low level of air pollutant emissions such as nox and particulate matters . a sufficient minimum refuelling infrastructure is also in place and being further deployed as part of national policy frameworks for alternative fuel infrastructure . ### liquefied natural gas is an alternative fuel to diesel for heavy duty vehicles . the deployment of current and upcoming more innovative lng - based technologies will contribute to meeting the co2 emission targets in the short and medium term as the use of lng technologies leads to lower co2 emissions as compared to diesel vehicles . the co2 emission reduction potential of lng vehicles is already fully reflected in vecto . in addition , current lng technologies ensure a low level of air pollutant emissions such as nox and particulate matters . a sufficient minimum refuelling infrastructure is also in place and being further deployed as part of national policy frameworks for alternative fuel infrastructure .


### a fair distribution of the overall reduction requirements among the manufacturers needs to be ensured , taking into account the diversity of heavy - duty vehicles in terms of their design and driving pattern , annual mileage , payload and trailer configuration . it is therefore appropriate to distinguish the heavy - duty vehicles according to different and separate vehicle sub - groups that reflect the vehicles’ typical usage pattern and specific technical characteristics . by setting annual manufacturer specific targets as a weighted average of the targets defined for each such sub - group , manufacturers are also given the means to effectively balance a possible underperformance of vehicles in certain sub - groups with an overachievement in other vehicle sub - groups , taking into account the average lifetime co2 emissions of vehicles in the different sub - groups . ### a fair distribution of the overall reduction requirements among the manufacturers needs to be ensured , taking into account the diversity of heavy - duty vehicles in terms of their design and driving pattern , annual mileage , payload and trailer configuration . it is therefore appropriate to distinguish the heavy - duty vehicles according to different and separate vehicle sub - groups that reflect the vehicles’ typical usage pattern and specific technical characteristics . by setting annual manufacturer specific targets as a weighted average of the targets defined for each such sub - group , manufacturers are also given the means to effectively balance a possible underperformance of vehicles in certain sub - groups with an overachievement in other vehicle sub - groups , taking into account the average lifetime co2 emissions of vehicles in the different sub - groups , thereby respecting the ‘ polluter pays’ principle .


### contrary to cars and vans , zero - and low - emission heavy - duty vehicles are not yet available on the market , except for buses . a dedicated mechanism , in the form of super credits , should therefore be introduced to facilitate a smooth transition towards zero - emission mobility . this will provide incentives for the development and deployment on the union market of zero - and low - emission heavy - duty vehicles that would complement demand - side instruments , such as the clean vehicle directive 2009 / 33 / ec of the european parliament and of the council26 . _________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles as amended by directive … / … / eu [ com 653 final ] . ### contrary to cars and vans , zero - and low - emission heavy - duty vehicles are not yet available on the market , except for buses . a dedicated mechanism , in the form of super credits , should therefore be introduced to facilitate a smooth transition towards zero - emission mobility . this will provide incentives for the development and deployment on the union market of zero - and low - emission heavy - duty vehicles that would complement demand - side instruments , such as the clean vehicle directive 2009 / 33 / ec of the european parliament and of the council26 . to avoid issuing pollution rights , this subsidy system should be offset by arrangements to step up emission reduction targets for manufacturers who would otherwise make less effort to decarbonise their fleets . _________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles as amended by directive … / … / eu [ com 653 final ] .


### in designing the incentive mechanism for the deployment of zero - emission heavy - duty vehicles , also smaller lorries , buses and coaches that are not subject to the co2 emission targets under this regulation should be included . these vehicles also have significant benefits in terms of helping to address air pollution problems in cities . however , it should be noted that zero - emission buses are already on the market and are incentivised through demand - side measures such as public procurement . in order to ensure that the incentives are well balanced between the different types of vehicles , the savings resulting from the zero - emission smaller lorries , buses and coaches should therefore also be subject to a cap . ### in designing the incentive mechanism for the deployment of zero - emission heavy - duty vehicles , also smaller lorries , buses and coaches that are not , given current technical progress , subject to the co2 emission targets under this regulation should be included . nevertheless , all heavy vehicle categories should ultimately be able to meet emission reduction targets . these vehicles also have significant benefits in terms of helping to address air pollution problems in cities . however , it should be noted that zero - emission buses are already on the market and are incentivised through demand - side measures such as public procurement . in order to ensure that the incentives are well balanced between the different types of vehicles , the savings resulting from the zero - emission smaller lorries , buses and coaches should therefore also be subject to a cap .


### a robust compliance mechanism is necessary in order to ensure that the targets under this regulation are met . the obligations placed on manufacturers to deliver accurate data pursuant to regulation no … / 2018 [ monitoring & reporting hdv ] and the administrative fines that may be imposed in the case of non - compliance with that obligation , contributes to ensuring the robustness of the data used for target compliance purposes under this regulation . ### a robust compliance mechanism is necessary in order to ensure that the targets under this regulation are met . the obligations placed on manufacturers to deliver accurate data pursuant to regulation no … / 2018 [ monitoring & reporting hdv ] and the administrative fines that may be imposed in the case of non - compliance with that obligation , contributes to ensuring the robustness of the data used for target compliance purposes under this regulation . it is in the interest of consumers and the general public to know which manufacturers are or are not complying with the new emission standards .


### it is essential for achieving the co2 reductions pursuant to this regulation that the co2 emissions of heavy - duty vehicles in use are in conformity with the values determined pursuant to regulation no 595 / 2009 and its implementing measures . it should therefore be possible for the commission to take into account , in the calculation of the average specific emissions of a manufacturer , any systematic non - conformity found by type approval authorities with regard to the co2 emissions of heavy - duty vehicles in use . ### it is essential for achieving the co2 reductions pursuant to this regulation that the co2 emissions of heavy - duty vehicles in use are in conformity with the values determined pursuant to regulation no 595 / 2009 and its implementing measures . it should therefore be possible for the commission to take into account , in the calculation of the average specific emissions of a manufacturer , any systematic non - conformity found by type approval authorities , including those flagged by third parties , with regard to the co2 emissions of heavy - duty vehicles in use .


### the zero - and low - emission factor shall reduce the average specific emissions of a manufacturer by a maximum of 3% . the contribution of zero - emission heavy - duty vehicles of the categories referred to in the second sub - paragraph of article 2 to that factor shall reduce the average specific emissions of a manufacturer by a maximum of 1 . 5 % . ### the zero - and low - emission factor shall reduce the average specific emissions of a manufacturer by a maximum of 5% . the contribution of zero - emission heavy - duty vehicles of the categories referred to in the second sub - paragraph of article 2 to that factor shall reduce the average specific emissions of a manufacturer by a maximum of 1 . 5 % . on the other hand , non - compliance by low - emission and zero - emission vehicles shall increase the average specific emissions of a manufacturer by a maximum of 5 % .


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


### it is recognised that , since the adoption of the 2013 eu cybersecurity strategy and the last revision of the agency’s mandate , the overall policy context has changed significantly , also in relation to a more uncertain and less secure global environment . in this context and within the framework of the new union cybersecurity policy , it is necessary to review the mandate of enisa to define its role in the changed cybersecurity ecosystem and ensure it contributes effectively to the union’s response to cybersecurity challenges emanating from this radically transformed threat landscape , for which , as recognised by the evaluation of the agency , the current mandate is not sufficient . ### it is recognised that , since the adoption of the 2013 eu cybersecurity strategy and the last revision of the agency’s mandate , the overall policy context has changed significantly , also in relation to a more uncertain and less secure global environment . in this context and within the framework of the new union cybersecurity policy , it is necessary to review the mandate of enisa to define its role in the changed cybersecurity ecosystem and ensure it undertakes a leading role which will effectively improve the union’s response to cybersecurity challenges emanating from this radically transformed threat landscape , for which , as recognised by the evaluation of the agency , the current mandate is not sufficient .


### given the increasing cybersecurity challenges the union is facing , the financial and human resources allocated to the agency should be increased to reflect its enhanced role and tasks , and its critical position in the ecosystem of organisations defending the european digital ecosystem . ### given the increasing cybersecurity challenges the union is facing , the financial and human resources allocated to the agency should be increased to reflect its enhanced role and tasks , and its critical position in the ecosystem of organisations defending the european digital ecosystem . due regards should be given to further enhancement of capacity of the agency .


### the agency should develop and maintain a high level of expertise and operate as a point of reference establishing trust and confidence in the single market by virtue of its independence , the quality of the advice it delivers and the information it disseminates , the transparency of its procedures and methods of operation , and its diligence in carrying out its tasks . the agency should proactively contribute to national and union efforts while carrying out its tasks in full cooperation with the union institutions , bodies , offices and agencies and the member states . in addition , the agency should build on input from and cooperation with the private sector as well as other relevant stakeholders . a set of tasks should establish how the agency is to accomplish its objectives while allowing flexibility in its operations . ### the agency should develop and maintain a high level of expertise and operate as a point of reference establishing trust and confidence in the single market by virtue of its independence , the quality of the advice it delivers and the information it disseminates , the transparency of its procedures and methods of operation , and its diligence in carrying out its tasks . the agency should proactively contribute to national and union efforts while carrying out its tasks in full cooperation with the union institutions , bodies , offices and agencies and the member states . in addition , the agency should build on input from and cooperation with the private sector as well as other relevant stakeholders . a clear agenda and a set of tasks an objectives which the agency is to accomplish should be clearly defined while giving due consideration to the necessary flexibility of its operations . where possible , highest degree of transparency and dissemination of information should be maintained .


### currently , the cybersecurity certification of ict products and services is used only to a limited extent . when it exists , it mostly occurs at member state level or in the framework of industry driven schemes . in this context , a certificate issued by one national cybersecurity authority is not in principle recognised by other member states . companies thus may have to certify their products and services in several member states where they operate , for example with a view to participating in national procurement procedures . moreover , while new schemes are emerging , there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues , for instance in the field of the internet of things . existing schemes present significant shortcomings and differences in terms of product coverage , levels of assurance , substantive criteria and actual utilisation . ### currently , the cybersecurity certification of ict products and services is used only to a limited extent . when it exists , it mostly occurs at member state level or in the framework of industry driven schemes . in this context , a certificate issued by one national cybersecurity authority is not in principle recognised by other member states . companies thus may have to certify their products and services in several member states where they operate , for example with a view to participating in national procurement procedures , and these procedures may entail additional costs for companies . moreover , while new schemes are emerging , there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues , for instance in the field of the internet of things . existing schemes present significant shortcomings and differences in terms of product coverage , levels of assurance , substantive criteria and actual utilisation .


### upon a request by two or more member states concerned , and with the sole purpose of providing advice for the prevention of future incidents , the agency shall provide support to or carry out an ex - post technical enquiry following notifications by affected undertakings of incidents having a significant or substantial impact pursuant to directive 2016 / 1148 . the agency shall also carry out such an enquiry upon a duly justified request from the commission in agreement with the concerned member states in case of such incidents affecting more than two member states . ### upon a request by one or more member states concerned , and with the sole purpose of providing advice for the prevention of future incidents , the agency shall provide support to or carry out an ex - post technical enquiry following notifications by affected undertakings of incidents having a significant or substantial impact pursuant to directive 2016 / 1148 . the agency shall also carry out such an enquiry upon a duly justified request from the commission in agreement with the concerned member states in case of such incidents affecting more than two member states .


### appoint the executive director and where relevant extend his term of office or remove him from office in accordance with article 33 of this regulation ; ### appoint the executive director through selection based on professional criteria and where relevant extend his term of office or remove him from office in accordance with article 33 of this regulation ;


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


### where the commission has raised no objections within nine months from the date of receipt of the relevant report referred to in article 7 , paragraphs 4 , 5 and 6 , the member state concerned shall consider the use of the flexibility applied to be accepted and valid for that year . where the commission considers the use of a flexibility not to be in accordance with the applicable requirements and criteria , it shall adopt a decision and inform the member state that it cannot be accepted . ### where the commission has raised no objections within nine months from the date of receipt of the relevant report referred to in article 7 , paragraphs 4 , 5 and 6 , the member state concerned shall consider the use of the flexibility applied to be accepted and valid for that year .


### the union and the member states , as appropriate , shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the united nations environment programme , united nations economic commission for europe , the international maritime organization and the international civil aviation organization , including through the exchange of information , concerning technical and scientific research and development , with the aim of improving the basis for emission reductions . ### the union and the member states , as appropriate , shall pursue bilateral and multilateral cooperation with third countries and coordination within relevant international organisations such as the united nations environment programme , united nations economic commission for europe , the international maritime organization and the international civil aviation organization , including through the exchange of information , concerning technical and scientific research and development , with the aim of improving the basis for emission reductions . member states shall conduct cross - border consultations on mutual threats posed by emissions from adjacent industrial regions in those countries and develop joint plans to eliminate or reduce those emissions .


### it is within member states ' competence to set rules on remuneration in accordance with their law and practice . however , national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross - border provision of services . ### it is within the exclusive competence of member states to set rules on remuneration in accordance with national law and practice .


### member states shall ensure that , whatever the law applicable to the employment relationship , the undertakings referred to in article 1 guarantee workers posted to their territory the terms and conditions of employment covering the following matters which , in the member state where the work is carried out , are laid down : ### member states shall ensure that , whatever the law applicable to the employment relationship , the undertakings referred to in article 1 guarantee workers posted to their territory the terms and conditions of employment which cover the following matters laid down in the member state where the work is carried out :


### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration in accordance with point . ### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration , their geographic and personal scope and the method of calculation in accordance with point . for the purpose of calculating the sums due to a posted worker , double payments of equal or similar nature shall be avoided . a miscalculation or omission of payments to a posted worker resulting from inaccessible , incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities .


### berec and the berec office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications . notwithstanding , there are still significant disparities between member states as regards regulatory practice . moreover , the governance structure of berec and the berec office is cumbersome and gives rise to unnecessary administrative burden . in order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the union as well as to the promotion of access to , and take - up of , very high capacity data connectivity , competition in the provision of electronic communications networks , services and associated facilities and the interests of the citizens of the union , this regulation aims to strengthen the role of berec and enhance its governance structure by establishing berec as a union decentralised agency . this also corresponds to the need to reflect the significantly enhanced role played by berec following regulation no 531 / 2012 which establishes tasks for berec in relation to union - wide roaming , regulation no 2015 / 2120 which establishes tasks for berec in relation to open internet access and union - wide roaming , and the directive which establishes a significant number of new tasks for berec such as issuing decisions and guidelines on several topics , reporting on technical matters , keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum . ### berec and the berec office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications . nonetheless , there are still significant disparities between member states as regards regulatory practice . moreover , the governance structure of berec and the berec office is cumbersome and gives rise to unnecessary administrative burdens . in order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the union as well as to the promotion of access to , and take - up of , very high capacity data connectivity , of competition in the provision of electronic communications networks , services and associated facilities and of the interests of the citizens of the union , this regulation aims to strengthen the role of berec and enhance its governance structure by establishing berec as a union decentralised agency . this also corresponds to the need to reflect the significantly enhanced role played by berec under regulation no 531 / 2012 which establishes tasks for berec in relation to union - wide roaming , regulation no 2015 / 2120 which establishes tasks for berec in relation to open internet access and union - wide roaming , and the directive which establishes a significant number of new tasks for berec such as issuing decisions and guidelines in several areas , reporting on technical matters , keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum .


### berec should be allowed if necessary to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 and the european union agency for network and information security32 ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . __________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 . ### in order to ensure policy coherence and consistency and to perform its tasks effectively and with due consideration for broader union policy objectives , berec should be allowed to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 and the european union agency for network and information security32 ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . __________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 .


### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry the relevant functions and should consist , in addition of two representatives of the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by dismissal requirements . ### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry out the relevant functions and should consist , in addition , of two representatives of the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by the requirements governing dismissal from post laid down in article 7 of the directive .


### experience has shown that most of berec’s tasks are better carried out through working groups , therefore the management board should be in charge of setting up working groups and appointing their members . in order to ensure a balanced approach , the working groups should be coordinated and moderated by members of the berec staff . lists of qualified experts should be prepared in advance to ensure a quick set - up of certain working groups , in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum , due to the time limits of those procedures . ### experience has shown that most of berec’s tasks are better carried out through working groups , therefore the management board should be in charge of setting up working groups and appointing their members . the composition of the working groups should properly reflect the different policy interests at stake and have due regard for the general objectives of promoting cultural and linguistic diversity and media pluralism set out in article 3 of the directive . in order to ensure a balanced approach , the working groups should be coordinated and moderated by members of the berec staff . lists of qualified experts should be prepared in advance to ensure a quick set - up of certain working groups , in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum , due to the time limits of those procedures .


### in order to carry out its tasks effectively , berec should have the right to request all necessary information from the commission , the nras and , as a last resort , other authorities and undertakings . requests for information should be proportionate and not impose an undue burden on the addressees . nras , which are closest to the electronic communications markets , should cooperate with berec and have a timely and accurate provision of information to ensure that berec is able to fulfil its mandate . berec should also share with the commission and the nras the necessary information based on the principle of sincere cooperation . ### in order to carry out its tasks effectively , berec should have the right to request all necessary information from the commission , the nras and , as a last resort , other authorities and undertakings . requests for information should be proportionate and not impose an undue burden on the addressees . nras , which are closest to the electronic communications markets , should cooperate with berec and provide timely and accurate information to ensure that berec is able to fulfil its mandate . berec should also share with the commission and the nras the necessary information based on the principle of sincere cooperation .


### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . ### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 , and with regard to the objectives set out in paragraph 1 , and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union .


### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance to article 26 . ### in so far as is necessary for it to achieve the objectives set out in this regulation , perform its tasks and contribute to broader union policy objectives , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance with article 26 .


### the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra . ### the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative , who may be either the head or a member of the collegiate body of the nra .


### the chairperson shall take part in the voting . ### the chairperson shall be entitled to vote .


### the executive director shall not take part in the voting . ### the executive director shall not be entitled to vote .


### functioning of the working groups ### functioning of the working groups and stakeholder engagement


### the management board shall appoint the members of the working groups , which may be participated in by experts from the nras , the commission , berec staff and the nras of third countries participating in the work of berec . ### the management board shall appoint the members of the working groups , which may comprise experts from the nras , the commission , berec staff and the nras of third countries participating in the work of berec . the composition of the working groups should properly reflect the different policy interests at stake and have due regard for the general objectives of promoting cultural and linguistic diversity and media pluralism set out in article 3 of the directive .


### any party to the appeal proceedings may object to any member of a board of appeal on any of the grounds given in paragraph 1 , or if the member is suspected of partiality . any such objection shall not be admissible if , while being aware of a reason for objecting , the party to the appeal proceedings has taken a procedural step . no objection may be based on the nationality of members . ### any party to the appeal proceedings may object to any member of a board of appeal on any of the grounds given in paragraph 1 , or if the member is suspected of partiality . any such objection shall not be admissible if , while being aware of a reason for objecting , the party to the appeal proceedings has nonetheless taken a procedural step , such as filing an application or submitting observations , and thus already tacitly assented to the composition of the board . any objection based on the nationality of members shall be deemed inadmissible .


### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , and without prejudice to the competences of the member states and the institutions of the union , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations . ### in so far as is necessary in order to achieve the objectives set out in this regulation , perform its tasks and contribute to broader union policy objectives , and without prejudice to the competences of the member states and the institutions of the union , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations .


### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec . ### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between the competent national and european authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and of the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


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


### this directive aims to criminalise money laundering when committed intentionally . intention and knowledge may be inferred from objective , factual circumstances . as this directive provides for minimum rules , member states are free to adopt or maintain more stringent criminal law rules for money laundering . member states may , for example , provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence . ### this directive aims to criminalise money laundering when committed intentionally or by negligence or recklessness when the offender has a contractual relationship and a responsibility towards an obliged entity or is an obliged entity within the meaning of article 2 of directive 2015 / 849 / eu . intention , knowledge and negligent behaviour may be inferred from objective , factual circumstances . in this context it does not make a difference whether the property has been derived directly or indirectly from a certain criminal activity , in line with the broad definition of “proceeds” , as laid down in directive 2014 / 42 / eu . as this directive provides for minimum rules , member states are free to adopt or maintain more stringent criminal law rules for money laundering .


### in order for an offence referred to in paragraph 1 to be punishable , it shall not be necessary to establish : ### for the purpose of implementing paragraph 1 , each member state shall ensure that :


### each member state shall ensure that effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . ### each member state shall ensure that effective investigative tools , sufficient personnel , adequate training and technological capacity , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 .


### directive 2004 / 37 / ec of the european parliament and of the council44 aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace . a consistent level of protection from the risks related to carcinogens and mutagens is provided for in directive 2004 / 37 / ec by a framework of general principles to enable member states to ensure the consistent application of the minimum requirements . binding occupational exposure limit values established on the basis of available information , including scientific and technical data , economic feasibility , a thorough assessment of the socioeconomic impact and availability of exposure measurement protocols and techniques at the workplace , are important components of the general arrangements for the protection of workers established by directive 2004 / 37 / ec . the minimum requirements provided for in directive 2004 / 37 / ec aim to protect workers at union level . more stringent binding occupational exposure limit values can be set by member states . __________________ 44 directive 2004 / 37 / ec of the european parliament and of the council of 29 april 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work of council directive 89 / 391 / eec ) . ### directive 2004 / 37 / ec of the european parliament and of the council aims to introduce more effective health measures in every area of activity to protect workers against risks from exposure to carcinogens or mutagens at the workplace . a consistent level of protection from the risks related to carcinogens and mutagens is provided for in directive 2004 / 37 / ec by a framework of general principles to enable member states to ensure the consistent application of the minimum requirements . binding occupational exposure limit values established on the basis of available information , including scientific and technical data , economic feasibility , a thorough assessment of the socioeconomic impact and availability of exposure measurement protocols and techniques at the workplace , are important components of the general arrangements for the protection of workers established by directive 2004 / 37 / ec , which must be regularly verified and updated in line with constantly changing situations and the most recent scientific studies . the minimum requirements provided for in directive 2004 / 37 / ec aim to protect workers at union level . more stringent binding occupational exposure limit values can be set by member states . __________________ 44 directive 2004 / 37 / ec of the european parliament and of the council of 29 april 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work of council directive 89 / 391 / eec ) .


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


### the limit values set out in this directive are to be kept under review to ensure consistency with regulation no 1907 / 2006 of the european parliament and of the council50 , in particular to take account of the interaction between limit values set out under directive 2004 / 37 / ec and derived no effect levels for hazardous chemicals under that regulation in order to protect workers effectively . __________________ 50 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec . ### the limit values set out in this directive are to be verified and kept under periodic review to ensure consistency with regulation no 1907 / 2006 of the european parliament and of the council50 , in particular to take account of the interaction between limit values set out under directive 2004 / 37 / ec and derived no effect levels for hazardous chemicals under that regulation in order to protect workers effectively . __________________ 50 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec .


### even though a number of effective mechanisms for cross - border cooperation already exist at inter - governmental , regional and local level in certain regions of the union , they do not cover all border regions in the union . in order to complement the existing systems , it is therefore necessary to set up a voluntary mechanism to resolve legal and administrative obstacles in all border regions . ### even though a number of effective mechanisms for cross - border cooperation already exist at inter - governmental , regional and local level in certain regions of the union , they do not cover all border regions in the union . in order to complement the existing systems , it is therefore necessary to set up a voluntary mechanism to resolve legal and administrative obstacles in all border regions , but this does not prevent the creation of similar mechanisms according to specific needs at national , regional or local level .


### the statement would still require a legislative procedure in the member state . the authority concluding the statement should make a formal statement that it will trigger by a certain deadline the legislative procedure necessary to amend the normally applicable national law and to apply , by way of an explicit derogation , the law of a neighbouring member state . ### the statement would still require a legislative procedure in the member state . the authority concluding the statement should make a formal statement that it will trigger by a certain deadline the legislative procedure necessary to amend the normally applicable national law and to apply , by way of an explicit derogation , the law of a neighbouring member state , in order to remove obstacles to the implementation of joint cross - border projects .


### the statement would still require a legislative procedure in the member state . the authority concluding the statement should make a formal statement that it will trigger by a certain deadline the legislative procedure necessary to amend the normally applicable national law and to apply , by way of an explicit derogation , the law of a neighbouring member state . ### the statement would still require a legislative procedure in the member state . the authority concluding the statement should make a formal statement that it will trigger by a certain deadline - at least six months before launching that programme , the legislative procedure necessary to amend the normally applicable national law and to apply , by way of an explicit derogation , the law of a neighbouring member state .


### legal obstacles are predominantly felt by persons interacting on land borders , because people cross borders on a daily or weekly basis . in order to concentrate the effect of this regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring member states , this regulation should apply to cross - border regions within the meaning of the territory covered by neighbouring land border regions in two or more member states at nuts level 3 regions26 . this should not prevent member states from applying the mechanism also to maritime and external borders others than those with efta countries . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics . ### legal obstacles are predominantly felt by persons included in the border workers’ category and by those interacting on land borders , because people cross borders on a daily or weekly basis . in order to concentrate the effect of this regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring member states , this regulation should apply to cross - border regions within the meaning of the territory covered by neighbouring land border regions in two or more member states at nuts level 3 regions26 . this should not prevent member states from applying the mechanism also to maritime and external borders others than those with efta countries . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics .


### legal obstacles are predominantly felt by persons interacting on land borders , because people cross borders on a daily or weekly basis . in order to concentrate the effect of this regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring member states , this regulation should apply to cross - border regions within the meaning of the territory covered by neighbouring land border regions in two or more member states at nuts level 326 regions . this should not prevent member states from applying the mechanism also to maritime and external borders others than those with efta countries . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics . ### legal obstacles are predominantly felt by persons interacting on land borders , because people cross borders on a daily or weekly basis . in order to concentrate the effect of this regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring member states , this regulation should apply to cross - border regions within the meaning of the territory covered by neighbouring land or maritime border regions in two or more member states at nuts level 326 regions . this should not prevent member states from applying the mechanism also to maritime and external borders others than those with efta countries . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics .


### in order to coordinate the tasks of different authorities which in some member states will include national and regional legislative bodies , within a given member states and between those of one or more neighbouring member states , each member state which opts for the mechanism should be obliged to set up a national and , where applicable , regional cross - border coordination points and define their tasks and competencies during the different steps of the mechanism covering initiation , conclusion , implementation and monitoring of commitments and statements . ### in order to coordinate the tasks of different authorities which in some member states will include national and regional legislative bodies , within a given member states and between those of one or more neighbouring member states , each member state which voluntarily opts for the use of this mechanism should be obliged to designate or set up a national and , where applicable , regional cross - border coordination points and define their tasks and competencies during the different steps of the mechanism covering initiation , conclusion , implementation and monitoring of commitments and statements .


### the key actor in the member states requested to conclude a commitment or statement should be the respective national or regional cross - border coordination points which is to liaise with all competent authorities in its member state and with its counterpart in the neighbouring member state . it should also be clearly established that the cross - border coordination point may decide whether a procedure leading to the conclusion of a commitment or a statement is to be launched or whether for one or more legal obstacles a resolution has already found which could be applied . on the other hand , it should also be established that the member state the legal provisions of which are to be applied in the other member state may refuse such application outside its territory . any decision should be justified and communicated . ### the key actor in the member states requested to conclude a commitment or statement should be the respective national or regional cross - border coordination points which is to liaise with all competent authorities in its member state and with its counterpart in the neighbouring member state . it should also be clearly established that the cross - border coordination point may decide whether a procedure leading to the conclusion of a commitment or a statement is to be launched or whether for one or more legal obstacles a resolution has already found which could be applied . on the other hand , it should also be established that the member state the legal provisions of which are to be applied in the other member state may refuse such application outside its territory . any decision should be duly justified and communicated in due time to all the partners .


### the implementation of a self - executing commitment should consist in the application of national provisions of another member state . this should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or , where this has not yet been done , the adoption of new administrative acts based on the legislation of another member state . where several authorities are each competent for different aspects of a complex legal obstacle , the commitment should be accompanied by a timetable for each of these aspects . respecting the subsidiarity principle , the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures . ### the implementation of a self - executing commitment should consist in the application of national provisions of another member state . this should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or , where this has not yet been done , the adoption of new administrative acts based on the legislation of another member state within a deadline agreed by all the partners in order to be able to launch joint projects in due time . where several authorities are each competent for different aspects of a complex legal obstacle , the commitment should be accompanied by a timetable for each of these aspects . respecting the subsidiarity principle , the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures .


### the implementation of a self - executing commitment should consist in the application of national provisions of another member state . this should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or , where this has not yet been done , the adoption of new administrative acts based on the legislation of another member state . where several authorities are each competent for different aspects of a complex legal obstacle , the commitment should be accompanied by a timetable for each of these aspects . respecting the subsidiarity principle , the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures . ### the implementation of a self - executing commitment should consist in the application of national provisions of another member state when implementing joint cross - border projects . this should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or , where this has not yet been done , the adoption of new administrative acts based on the legislation of another member state . where several authorities are each competent for different aspects of a complex legal obstacle , the commitment should be accompanied by a timetable for each of these aspects . respecting the subsidiarity principle , the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures .


### in accordance with the principle of proportionality , as set out in article 5 teu , the content and form of union action should not exceed what is necessary to achieve the objectives of the treaties . the recourse to the specific mechanism set up under this regulation is voluntary . where a member state decides , on a specific border with one or more neighbouring member states , to continue to resolve legal obstacles in a specific cross - border region under the effective mechanisms it has set up at national level or which it has set up formally or informally , together with one or more neighbouring member states , the mechanism set up under this regulation does not need to be selected . likewise , where a member state decides , on a specific border with one or more neighbouring member states , to join an existing effective mechanism set up formally or informally by one or more neighbouring member states , provided that mechanism allows for accession , again , the mechanism set up under this regulation does not need to be selected . this regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross - border regions , for which member states have no efficient mechanisms to resolve legal obstacles in place , ### in accordance with the principle of proportionality , as set out in article 5 teu , the content and form of union action should not exceed what is necessary to achieve the objectives of the treaties . the recourse to the specific mechanism set up under this regulation is voluntary and in no way prevents the use of other , similar instruments . where a member state decides , on a specific border with one or more neighbouring member states , to continue to resolve legal obstacles in a specific cross - border region under the effective mechanisms it has set up at national level or which it has set up formally or informally , together with one or more neighbouring member states , the mechanism set up under this regulation does not need to be selected . likewise , where a member state decides , on a specific border with one or more neighbouring member states , to join an existing effective mechanism set up formally or informally by one or more neighbouring member states , provided that mechanism allows for accession , again , the mechanism set up under this regulation does not need to be selected . this regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross - border regions , for which member states have no efficient mechanisms to resolve legal obstacles in place ,


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


### the legal protection of persons resident in a cross - border region with regard to the mechanism . ### the legal protection of persons resident in a cross - border region or those who live there for a limited period with regard to the mechanism .


### ' cross - border region ' means the territory covered by neighbouring land border regions in two or more member states at nuts level 3 regions ; ### ' cross - border region ' means the territory covered by neighbouring land border regions or cross - border regions around maritime borders in two or more member states at nuts level 3 regions ;


### ' joint project ' means any item of infrastructure with an impact in a given cross - border region or any service of general economic interest provided in a given cross - border region ; ### ‘ joint project ' means any item of infrastructure with an impact in a given cross - border region or any service of general economic interest provided in a given cross - border region , regardless of whether the impact can be felt on one or both sides of the border ;


### where a member state opts for the mechanism , it shall establish one or more cross - border coordination points in one of the following ways : ### where a member state opts for the mechanism , it shall establish or designate one or more cross - border coordination points in one of the following ways :


### publish and keep an up - dated list of all national and regional cross - border coordination points ; ### create , publish and keep an up - dated database of all national and regional cross - border coordination points ;


### within three months after receipt of the initiative document the competent cross - border coordination point shall take , one or more of the following actions , to be transmitted to the initiator in writing : ### within three months at most after receipt of the initiative document the competent cross - border coordination point shall take , one or more of the following actions , to be transmitted to the initiator in writing :


### 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 .


### 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 import 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 source country , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay .


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove 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 commission may adopt , by means of implementing acts , the specific modalities for the temporary admission or storage of cultural goods referred to in paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 . ### the commission may adopt , by means of implementing acts , the specific modalities for the temporary admission or storage of cultural goods and of returned cultural goods referred to in paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 13 .


### 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 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 at the most of receipt of the application .


### the competent authority shall , within 90 days of the submission of the complete application , examine the application and decide to issue the import licence or reject the application . it may reject the application on the following grounds : ### the competent authority shall , within 90 days at the most of the submission of the complete application , examine the application and decide to issue the import licence or reject the application . it may reject the application on the following grounds :


### the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully . ### the competent authority has reasonable and verifiable grounds to believe that the holder of the goods did not acquire them lawfully .


### importer statement ### importer statement and preservation assurance


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


### the administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons , be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law . ### the administrative decision referred to in paragraph 1 shall be subject to the provisions of article 22 of regulation no 952 / 2013 .


### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant . ### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant . authorities of the eu member states have to make sure that at the moment of restitution of the artworks to the country of origin the latter is not affected by an armed crisis where the safety of the cultural object cannot be guaranteed . otherwise the object has to remain in the eu until the situation in the country of origin is stabilised .


### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant . ### the period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of union or national law . the maximum period of temporary retention under this article shall be 6 months , with the possibility to extend that period for a further three months at the reasoned decision of the customs authorities . if no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention , the cultural goods shall be made available to the declarant .


### administrative co - operation ### administrative co - operation and use of electronic system


### those implementing acts shall be adopted in accordance with the procedure referred to in article 13 . ### those implementing acts shall be adopted in accordance with the procedure referred to in article 13 . those implementing acts shall be adopted by . . . [ six months from the date of entry into force of this regulation ] .


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


### 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 power to adopt delegated acts referred to in article 2 shall be conferred on the commission for an indeterminate period of time from … [ publications office is to fill in the date of entry into force of this act ] . ### the power to adopt delegated acts referred to in article 2 shall be conferred on the commission for a period of five years from … [ date of entry into force of this regulation ] .


### for this purpose , the commission shall address relevant questionnaires to the member states . member states shall have 6 months to communicate the requested information to the commission . ### for this purpose , the commission shall address relevant questionnaires to the member states . member states shall have 6 months , from the receipt of the questionnaire to communicate the requested information to the commission .


### the commission shall present a report to the european parliament and the council on the implementation of this regulation three years after the date of application of this regulation and , after that , every five years . ### the commission shall present a report to the european parliament and the council on the implementation of this regulation two years after the date of application of this regulation and , after that , every four years .


### 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 , the global automotive sector is changing rapidly through new innovations in electrified powertrains , and cooperative , connected and automated mobility where the battery will be a key technology as power generation is shifting rapidly away from fossil fuels to rely more on intermittent renewable sources , while eu manufacturers are currently lagging behind in battery production . 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 , including in lightweight materials , e . g . cost - effective lignin - based carbon fibre .