### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits . ### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use while keeping in mind the energy efficiency targets for buildings , and for wide - range machine - type communications . in this context , coherent and coordinated measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 as well as to achieve the ambitious vision for gigabit societies in the union . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits .


### rapidly growing wireless broadband traffic makes enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits . ### rapidly growing wireless broadband traffic and the increasing economic , industrial and social importance of the digital economy make enhanced wireless network capacity a necessity . spectrum in the 700 mhz frequency band provides both additional capacity and universal coverage , in particular for the economically challenging rural and remote areas , for indoor use and for wide - range machine - type communications . in this context , coherent measures for high - quality terrestrial wireless coverage across the union , which build on best national practice for operators’ licence obligations , should aim to meet the rspp objective that all citizens should have access to broadband speeds of not less than 30 mb / s by 2020 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits .


### spectrum sharing within a common frequency band between bidirectional wireless broadband use , on the one hand , and unidirectional television broadcasting or wireless audio pmse use , on the other hand , is technically problematic . this means that repurposing the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive dtt and wireless audio pmse users of part of their spectrum resources . the dtt and pmse sectors therefore need long - term regulatory predictability on the availability of sufficient spectrum , so that they can safeguard the sustainable provision and development of their services , in particular free - to - view television . measures may be needed at national and union level to ensure additional spectrum resource for wireless audio pmse use outside the 470 - 790 mhz frequency band . ### spectrum sharing within a common frequency band between bidirectional wireless broadband use , on the one hand , and unidirectional television broadcasting or wireless audio pmse use , on the other hand , is technically problematic . this means that repurposing the 700 mhz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive dtt and wireless audio pmse users of part of their spectrum resources . the dtt and pmse sectors therefore need long - term regulatory predictability on the availability of sufficient spectrum , so that they can safeguard the sustainable provision and development of their services , in particular free - to - view television . member states in which , as a result of this regulation or subsequent union - level measures , there is a marked increase in costs for firms in the pmse sector , should take additional action so that an appropriate number of frequencies are usable by those firms .


### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended national flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band . ### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 . the lamy report also recommended national flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only electronic communications services , in cases where there is no or declining demand for dtt at national level . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band .


### in his report to the commission 22 , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended national flexibility in spectrum use of the sub - 700 mhz frequency band , which is limited to downlink - only . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band . ### in his report to the commission , pascal lamy , the chairman of the high - level group on the future use of the 470 - 790 mhz frequency band , recommended that the 700 mhz frequency band be made available for wireless broadband by 2020 . this would help achieve the goal of long - term regulatory predictability for dtt in having access to the sub - 700 mhz frequency band until 2030 , although this would have to be reviewed by 2025 . the lamy report also recommended a ' flexibility option ' involving studying scenarios that allow spectrum in the sub - 700 mhz frequency band to be used for downlink - only electronic communications services in cases where there is no or declining demand for dtt at national level . downlink - only is the restriction of all transmissions in a wireless system , independent of its technology , to unidirectional transmission from central infrastructure stations such as a tv broadcasting tower or a mobile base station to portable or mobile terminals such as tv sets or mobile phones . such scenarios should guarantee continued access to spectrum for dtt as the primary user , subject to national demand . this calls for timely study , adoption and dissemination of a harmonised union approach to supplemental downlink and its co - existence with terrestrial broadcasting services in order to preserve the specificities of the european audiovisual model and at the same time open the door to innovation and new services . __________________ 22 report by mr pascal lamy , available at : https : / / ec . europa . eu / digital - agenda / en / news / report - results - work - high - level - group - future - use - uhf - band .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate those roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes , mechanisms to avoid interference to spectrum users in adjacent bands and information on the possibility to offer compensation for migration costs , in order to avoid , inter alia , costs for end - users and broadcasters . roadmaps should also include detailed steps to be taken in order to ensure the availability of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services by the deadline laid down in this decision . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent and coordinated national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes , mechanisms to avoid harmful interference to spectrum users in adjacent bands and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . roadmaps should also include detailed steps to be taken in order to ensure the full availability of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services by the deadline laid down in this decision . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies .


### an effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens ' confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to assure their consistent application . the assessment methods of technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states ' practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . ### effective implementation of the type - approval requirements should be ensured by enhancing the provisions on conformity of production by , inter alia , providing for mandatory periodic audits of the conformity control methods and the continued conformity of the products concerned and by reinforcing and harmonising the requirements relating to the competence , obligations and performance of the technical services that carry out tests for whole - vehicle type - approval under the responsibility of type - approval authorities . the proper functioning of technical services is crucial for ensuring a high level of safety and environmental protection and citizens ' confidence in the system . the criteria for designation of technical services provided by directive 2007 / 46 / ec should be laid down in greater detail in order to ensure that they are applied consistently across all member states . the methods of assessing technical services in the member states have a tendency to progressively differ due to the increased complexity of their work . therefore , it is necessary to provide for procedural obligations that ensure an information exchange and monitoring of member states ' practices for the assessment , designation , notification and monitoring of their technical services . those procedural obligations should remove any existing discrepancies in the methods used and in the interpretation of the criteria for the designation of technical services . in order to ensure adequate oversight and a level playing - field across the union , the assessment of an applicant technical service should include an on - site assessment and observation at first hand of the actual type - approval tests carried out .


### in order to increase transparency in the approval process and facilitate the exchange of information and the independent verification by market surveillance authorities , approval authorities and the commission , type approval documentation should be provided in electronic format and be made publicly available , subject to exemptions due to protection of commercial interests and the protection of personal data . ### in order to increase transparency in the approval process and to facilitate the exchange of information and the independent verification by market surveillance authorities , approval authorities , the commission and third parties , disclosure of vehicle and testing information is necessary for the purpose of carrying out such checks . relevant information should be provided in electronic format and should be made publicly available , subject to exemptions due to protection of commercial interests , intellectual property rights and the protection of personal data .


### the objectives of this regulation should not be affected by the fact that certain systems , components , separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market , registered or entered into service . appropriate measures should therefore be taken to ensure that the systems , components , separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market , registered or entered into service . ### the objectives of this regulation should not be affected by the fact that certain systems , components , separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market , registered or entered into service . appropriate measures should therefore be taken to ensure that the systems , components , separate technical units or parts and equipment that can be fitted to or in vehicles and that can impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market , registered or entered into service .


### member states should lay down rules on penalties for the infringements of this regulation and ensure that those rules are implemented . those penalties should be effective , proportionate and dissuasive . member states shall report the imposed penalties to the commission annually , to monitor the coherence of the implementation of these provisions . ### member states should lay down rules on penalties for infringements of this regulation and should ensure that those rules are implemented . those penalties should be effective , proportionate and dissuasive . member states should report the penalties imposed to the commission annually , to enable it to monitor the coherence of the implementation of the provisions concerning penalties .


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


### market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of hazards they have identified relating to any vehicle , system , component and separate technical unit so as to prevent or reduce the risk of injury or other damage . ### market surveillance authorities shall take appropriate measures to alert users within an adequate timeframe of hazards they have identified relating to any vehicle , system , component or separate technical unit so as to prevent or reduce the risk of injury or other damage . this information shall be made available online in plain and understandable language .


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


### vehicle manufacturers shall make public data which are needed for the purpose of compliance verification testing by third parties . the commission shall adopt implementing acts in order to define the data to be made public and the conditions for such publication , subject to the protection of commercial secrets and the preservation of personal data pursuant to union and national legislation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### vehicle manufacturers shall provide all data needed for the purpose of compliance verification testing by market surveillance authorities and the commission . the commission shall adopt implementing acts in order to define the data to be provided and the conditions for doing so , subject to the protection of commercial secrets and the preservation of personal data pursuant to union and national legislation . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### the approval authority and technical services shall have access to the software and algorithms of the vehicle . ### the approval authority and technical services shall have access to the safety and emissions - related software and hardware and to algorithms of the vehicle , and shall be given appropriate insight into the system development process of the software and hardware concerned , while taking into account their respective duties .


### compliance with the technical requirements of this regulation and of the regulatory acts listed in annex iv shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in annex iv , performed by designated technical services . ### compliance with the technical requirements of this regulation and of the regulatory acts listed in annex iv shall be demonstrated by means of appropriate tests in accordance with the relevant regulatory acts listed in annex iv , performed solely and in full by designated technical services , by the relevant national authority or by the commission .


### in order to verify that a vehicle , system , component or separate technical unit conforms to the approved type , the approval authority that has granted the eu type - approval shall carry out checks or tests required for eu type - approval , on samples taken at the premises of the manufacturer , including production facilities . ### in order to verify that a vehicle , system , component or separate technical unit conforms to the approved type , the approval authority that has granted the eu type - approval shall carry out checks or tests required for eu type - approval on samples taken at random at the premises of the manufacturer , including production facilities or dealerships . those tests shall be carried out by a different technical service from the one that performed the original testing for the purpose of type - approval .


### the outcome of the peer - review shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 on the basis of an assessment of this outcome carried out by the commission and issue recommendations . ### the outcome of the audit shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established by article 10 on the basis of an assessment of that outcome carried out by the commission and issue recommendations .


### the member states shall provide information to the commission and the other member states on how it has addressed the recommendations in the peer - review report . ### the member states shall provide information to the agency , the commission and the other member states on how it has addressed the recommendations contained in the audit report .


### category b : supervision of the tests referred to in this regulation and in the acts listed in annex iv , where those tests are performed in the manufacturer’s facilities or in the facilities of a third party ; ### category b : supervision of the tests referred to in this regulation and in the acts listed in annex iv , where those tests are performed in the facilities of a third party ; this category of tests is subject to a derogation . category b tests shall not be permitted in the case of whole - vehicle type - approvals ;


### if the authority becomes aware of a decision of a supervisory authority within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 finding that a natural or legal person has infringed applicable rules on the protection of personal data and if it follows from that decision , or where there are otherwise reasonable grounds to believe , that the infringement is linked to political activities by a european political party or a european political foundation in the context of elections to the european parliament , the authority shall refer this matter to the committee of independent eminent persons established by article 11 . the committee shall give an opinion as to whether the european political party or the european political foundation concerned has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of that infringement . the authority shall request the opinion without undue delay and no later than 1 month after the decision of the supervisory authority . the committee shall deliver its opinion within a short , reasonable deadline set by the authority . _________________ 17 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 , . ### a european political party or a european political foundation shall not influence or attempt to influence the outcome of elections to the european parliament by taking advantage of an infringement , by a natural or legal person , of the applicable rules on the protection of personal data . this paragraph shall only apply if a supervisory authority of a member state , within the meaning of point 21 of article 4 of regulation 2016 / 679 of the european parliament and of the council17 , has established , by an enforceable decision , that an infringement of the applicable rules on data protection has occurred . 2 . when the authority becomes aware of a conduct covered by the first paragraph , and is notified the enforceable decision of the supervisory authority referred to in that first paragraph , it shall refer this matter to the committee of independent eminent persons established by article 11 without undue delay and no later than 3 months after that notification . the committee shall give an opinion , within a short , reasonable deadline set by the authority , as to whether or not the european political party or european political foundation concerned has violated paragraph 1 . having regard to the committee ' s opinion , the authority shall decide , pursuant to article 27 , whether to impose financial sanctions on the european political party or european political foundation concerned . the decision of the authority shall be duly reasoned , in particular with regard to the committee’s opinion , and shall be published expeditiously . _________________ 17 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 , .


### where , in accordance with article 10a , the committee issues an opinion finding that a european political party or a european political foundation has deliberately influenced or attempted to influence the outcome of elections to the european parliament by taking advantage of an infringement of the applicable rules on the protection of personal data . ; ### where a european political party or european political foundation has violated article 10a”


### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions . ### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to improve and expedite the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions .


### directive 2004 / 37 / ec aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace and lays down minimum requirements to that effect including limit values , on the basis of the available scientific and technical data . ### directive 2004 / 37 / ec aims to protect over 217 million union workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace and lays down minimum requirements to that effect including limit values , on the basis of the available scientific and technical data .


### there is sufficient evidence of the carcinogenicity of respirable crystalline silica dust . on the basis of available information , including scientific and technical data , a limit value for respirable crystalline silica dust should be established . respirable crystalline silica dust generated by a work process is not subject to classification in accordance with regulation no 1272 / 2008 of the european parliament and of the council 50 . it is therefore appropriate to include work involving exposure to respirable crystalline silica dust generated by a work process in annex i to directive 2004 / 37 / ec and to establish a limit value for respirable crystalline silica dust . __________________ 50 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . ### there is sufficient evidence of the carcinogenicity of respirable crystalline silica dust , which can travel deep into the lung causing serious health problems . on the basis of available information , including scientific and technical data , a limit value for respirable crystalline silica dust should be established . respirable crystalline silica dust generated by a work process is not subject to classification in accordance with regulation no 1272 / 2008 of the european parliament and of the council50 . it is therefore appropriate to include work involving exposure to respirable crystalline silica dust generated by a work process in annex i to directive 2004 / 37 / ec and to establish a limit value for respirable crystalline silica dust . __________________ 50 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures .


### ' 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 ' ### the title is replaced by the following : ' 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 , mutagens or reprotoxic substances at work '


### ' this directive has as its aim the protection of workers against risks to their health and safety , including the prevention of such risks , arising or likely to arise from exposure to carcinogens or mutagens at work . ### article 1 , paragraph 1 , first sub - paragraph , shall read as follows : ' this directive has as its aim the protection of workers against risks to their health and safety , including the prevention of such risks , arising or likely to arise from exposure to carcinogens , mutagens or substances that damage human fertility at work .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching , distance and blended learning and preservation , protection and dissemination of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for academic research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of academic research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for academic research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in academic research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining .


### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in digital teaching activities , including online and across borders . ### article 5 of directive 2001 / 29 / ec allows member states to introduce an exception or limitation to the rights of reproduction , communication to the public and making available to the public for the sole purpose of , among others , illustration for teaching . in addition , articles 6 and 9 of directive 96 / 9 / ec permit the use of a database and the extraction or re - utilization of a substantial part of its contents for the purpose of illustration for teaching . in addition to the uneven application across member states , the scope of those exceptions or limitations as they apply to digital uses is unclear . in addition , there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance . moreover , the existing framework does not provide for a cross - border effect . this situation may hamper the development of digitally - supported teaching activities and distance learning . therefore , the introduction of a new mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject - matter in all teaching activities , including online and across borders .


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


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### this directive is without prejudice to specific solutions developed by member states in order to deal with the issues raised by mass digitisation , such as systems for out - of - commerce works . such solutions take into account the specific characteristic of the various types of work or other subject - matter and of the various users ; they are devised on the basis of consensus between the stakeholders . this approach has already been adopted in the memorandum of understanding on key principles on the digitisation and making available of out - of - commerce works , signed on 20 september2011 by representatives of european libraries , authors , publishers and collective management organisations under the aegis of the commission . this directive is without prejudice to that memorandum of understanding , which calls on member states and the commission to ensure that voluntary agreements concluded between users , rightholders and collective management organisations to authorise the use of out - of - commerce works on the basis of the principles contained in the memorandum have the benefit of legal certainty in the national and cross - border context . member states should have a certain margin of discretion to choose the specific type of arrangement in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation .


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing cultural heritage institutions to disseminate their out - of - commerce collections , in accordance to their legal traditions , practices or circumstances . however , it is essential that such mechanisms allow rightholders to exclude their works and can include extended collective licensing and presumptions of representation , and limitations and exceptions where no collective management organisations exist , collective management organisations are unable to achieve sufficient representativity or a collective management organisation is unable to offer adequate licences to cultural heritage institutions for the types of works and other subject - matter held in their collections .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker negotiating position when they grant licences or transfer their rights by contract , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the regular sharing of information by their contractual counterparts and subsequent transferees or licensees , as well as by their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### most contracts for the exploitation of rights harmonised at union level are of long duration , offering no possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a license or a transfer of rights is disproportionately low compared to the net revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . collective bargaining should be considered as an option to reach an agreement . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . ### authors and performers are often unable to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims by authors , performers or their appointed representatives related to obligations of transparency and the contract adjustment mechanism and that it is free of charge as well as accessible for authors and performers . the dispute settlement resolution procedure can also be agreed in collective agreements .


### on a non - for - profit basis or by reinvesting all the profits in its scientific research ; or ### on a non - for - profit basis or by reinvesting all the profits in its academic research ; or


### ‘ cultural heritage institution’ means a publicly accessible library or museum , an archive or a film or audio heritage institution ; ### ' cultural heritage institution ' means a publicly accessible library , or museum or gallery , an educational establishment , an archive or a film or audio heritage institution , or a public service broadcaster ;


### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter is not available through customary channels in any form substitutable for the work permanently in the collection of a cultural heritage institution . out of commerce works include both works that have previously been available commercially and works that have never been commercially available .


### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 . ### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the mechanisms referred to in article 7 , including resolving issues where cultural heritage institutions activities in line with articles 7 and 8 are not being reasonably enabled , to ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , to assist in the establishment of the requirements referred to in the second subparagraph of article 7 .


### protection of press publications concerning digital uses ### protection of press publications


### use of protected content by information society service providers storing and giving access to large amounts of works and other subject - matter uploaded by their users ### use of copyright protected content uploaded by users of information society service providers


### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 . ### member states shall ensure that the service providers referred to in paragraph 1 put in place effective mechanisms , including for complaint and redress , that are available to users in case of disputes over the application of the measures referred to in paragraph 1 .


### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . ### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . in cooperation with the member states , the commission shall encourage the exchange of best practices across the union regarding the results of any cooperation established pursuant to implementation of paragraph 1 of this article .


### member states shall facilitate , where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices , such as appropriate and proportionate content recognition technologies , taking into account , among others , the nature of the services , the availability of the technologies and their effectiveness in light of technological developments . ### member states shall facilitate , where appropriate , the cooperation between the information society service providers , user representatives and rightholders through stakeholder dialogues to define best practices for the implementation of paragraph 1 in a manner that is proportionate and efficient .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive at least once a year and taking into account the specificities of each sector , accurate , timely , adequate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights , including subsequent transferees or licensees , notably as regards modes of promotion , exploitation , revenues generated and remuneration due .


### amongst measures to support the vision of european connectivity , it promotes the deployment of local wireless access points through simplified planning procedures and reduced regulatory obstacles . such access points , including those ancillary to the provision of other public services or non - commercial in character , can make an important contribution to the improvement of current and the deployment of future generations of wireless communications networks by facilitating more granular coverage in line with evolving needs . ### amongst measures to support the vision of european connectivity , it promotes the deployment of local wireless access points through simplified planning procedures and reduced regulatory obstacles . such access points including those ancillary to the provision of other public services or non - commercial in character , can make an important contribution to the improvement of current and the deployment of future generations of wireless communications networks by facilitating more granular coverage in line with evolving needs . those access points can be integrated into a european network with a single authentication system in accordance with regulation 2016 / 679 of the european parliament and of the council14a . . _________________ 14a . 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 .


### following the communication setting out a european vision of internet connectivity for the digital single market and in order to promote digital inclusion , the union should support the provision of free local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public , through targeted support . such support is so far not covered by regulations no 1316 / 201315 and no 283 / 201416 . _________________ 15 regulation no 1316 / 20136 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 20 . 12 . 2013 , p . 129 , as last amended by regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 , oj l 169 , 1 . 7 . 2015 , p . 1 . 16 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec , oj l 86 , 21 . 3 . 2014 , p . 14 . ### following the communication setting out a european vision of internet connectivity for the digital single market and in order to promote digital inclusion , the union should support the provision of free local wireless connectivity free of charge and free from restrictions in the centres of local public life , including outdoor spaces accessible to the general public , through targeted support . such support is so far not covered by regulations no 1316 / 201315 and no 283 / 201416 . _________________ 15 regulation no 1316 / 20136 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 20 . 12 . 2013 , p . 129 , as last amended by regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 , oj l 169 , 1 . 7 . 2015 , p . 1 . 16 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec , oj l 86 , 21 . 3 . 2014 , p . 14 .


### following the communication setting out a european vision of internet connectivity for the digital single market and in order to promote digital inclusion , the union should support the provision of free local wireless connectivity in the centres of local public life , including outdoor spaces accessible to the general public , through targeted support . such support is so far not covered by regulations no 1316 / 201315 and no 283 / 201416 . _________________ 15 regulation no 1316 / 20136 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 20 . 12 . 2013 , p . 129 , as last amended by regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 , oj l 169 , 1 . 7 . 2015 , p . 1 . 16 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec , oj l 86 , 21 . 3 . 2014 , p . 14 . ### following the communication setting out a european vision of internet connectivity for the digital single market and in order to promote digital inclusion , the union should support the provision of free local wireless connectivity in the centres of local public life , not least in remote areas , including outdoor spaces accessible to the general public , through targeted support . such support is so far not covered by regulations 1316 / 201315 and no 283 / 201416 . _________________ 15 regulation no 1316 / 20136 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 20 . 12 . 2013 , p . 129 , as last amended by regulation 2015 / 1017 of the european parliament and of the council of 25 june 2015 , oj l 169 , 1 . 7 . 2015 , p . 1 . 16 regulation no 283 / 2014 of the european parliament and of the council of 11 march 2014 on guidelines for trans - european networks in the area of telecommunications infrastructure and repealing decision no 1336 / 97 / ec , oj l 86 , 21 . 3 . 2014 , p . 14 .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life , not least in remote areas . such entities could include municipalities and other local public authorities , libraries , hospitals , tourist sites and transport services , including within the ambit of cross - border cooperation .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities , providers of public transport and stations , and all providers of other public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals .


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity free of charge and free from restrictions as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals .


### local wireless connectivity should only qualify as free where it is provided without corresponding remuneration , whether by direct payment or other types of consideration , including , but not limited to , advertising and the provision of personal data . ### local wireless connectivity should only be considered to be free of charge and free from restrictions where it is provided without corresponding remuneration , whether by direct payment or other types of consideration , including , but not limited to , advertising and the provision of personal data .


### considering its specific purpose and targeted nature toward local needs , the intervention should be identified as a distinct project of common interest in the telecommunications sector within the meaning of regulations no 1316 / 2013 and no 283 / 2014 . ### considering its specific purpose and targeted nature toward local needs , especially less developed areas with a greater need for connectivity , the intervention should be identified as a distinct project of common interest in the telecommunications sector within the meaning of regulations no 1316 / 2013 and no 283 / 2014 .


### actions in the field of providing free local wireless connectivity in local communities shall be financed through grants or forms of financial assistance other than financial instruments . ### actions in the field of providing local wireless connectivity free of charge and free from restrictions in local communities shall be financed through grants or forms of financial assistance other than financial instruments .


### support the provision of free local wireless connectivity in local communities . ### support the provision of free local wireless connectivity in local communities and guarantee a minimum connection speed of 100 mbps , or , failing that , the maximum connection speed available on the market .


### draft legislative resolution ### underlines its position according to which the union shall set up the necessary measures for preventing and fighting tax fraud , tax evasion and tax avoidance with the aim of supporting the single market , fostering competitiveness and preserving the financial and economic interests of the union and its member states , in line with sdg 16 , ' peace , justice and strong institutions ' ;


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


### information technology capacity building actions are set to attract the greatest part of the budget under the programme . therefore , specific provisions should describe , respectively , the common and national components of the european electronic systems . moreover , the scope of actions and the responsibilities of the commission and the member states should be clearly defined . ### information technology capacity building actions are set to attract a considerable share of the budget under the programme . therefore , specific provisions should describe , respectively , the common and national components of the european electronic systems . moreover , the scope of actions and the responsibilities of the commission and the member states should be clearly defined .


### the programme has the specific objective to support tax policy , tax cooperation and administrative capacity building , including human competency and the development and operation of the european electronic systems . ### the programme has the specific objective to support tax policy , tax cooperation and administrative capacity building , including human competency and skills of the tax authorities and tax officials in member states and other candidate countries that have joined the programme , as well as the development and operation of the european electronic systems .


### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the programme and evaluating the achievement of its objectives . it may moreover cover expenses relating to studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the programme . ### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the programme and evaluating the achievement of its objectives . it may moreover cover expenses relating to studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including information technology tools and other technical and administrative assistance needed in connection with the management of the programme that will reinforce competences and skills of the tax authorities and tax officials in member states and other candidate countries that have joined the programme .


### human competency and capacity building actions ; ### human competency and skills as well as capacity building actions ;


### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 . ### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 .


### the activities of competent authorities established under this directive contribute to the fulfilment of broader policies in the areas of culture , employment , the environment , social cohesion and town and country planning . ### the activities of competent authorities established under this directive contribute to the fulfilment of broader policies in the areas of culture and cultural diversity , media pluralism , employment , the environment , social cohesion and town and country planning .


### radio spectrum is a scarce public resource with an important public and market value . it is an essential input for radio - based electronic communications networks and services and , in so far as it relates to such networks and services , should therefore be efficiently allocated and assigned by national regulatory authorities according to harmonised objectives and principles governing their action as well as to objective , transparent and non - discriminatory criteria , taking into account the democratic , social , linguistic and cultural interests related to the use of frequencies . . decision no 676 / 2002 / ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community 33 establishes a framework for harmonisation of radio spectrum , . _________________ 33 decision no 676 / 2002 / ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community . ### radio spectrum is a scarce public resource with an important public and market value . radio spectrum serves the public interest in a wide range of societal , cultural , social and economic objectives , for public access to information , the right of freedom of expression and media pluralism . it is an essential input for radio - based electronic communications networks and services and , in so far as it relates to such networks and services , should therefore be efficiently allocated and assigned by national regulatory authorities according to harmonised objectives and principles governing their action as well as to objective , transparent and non - discriminatory criteria , taking into account the democratic , social , linguistic and cultural interests related to national and regional characteristics to the use of frequencies . . decision no 676 / 2002 / ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community 33 establishes a framework for harmonisation of radio spectrum , _________________ 33 decision no 676 / 2002 / ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community .


### radio spectrum policy activities in the union should be without prejudice to measures taken , at union or national level , in accordance with union law , to pursue general interest objectives , in particular with regard to content regulation and audiovisual and media policies , and the right of member states to organise and use their radio spectrum for public order , public security and defence . as use of spectrum for military and other national public security purposes impacts on the availability of spectrum for the internal market , radio spectrum policy should take into account all sectors and aspects of union policies and balance their respective needs , while respecting member states ' rights . ### radio spectrum policy activities in the union should be without prejudice to measures taken , at union or national level , in accordance with union law , to pursue general interest objectives , in particular with regard to content regulation and audiovisual and media policies , and the right of member states to organise and use their radio spectrum for public order , public security and defence . as use of spectrum for military and other national public security purposes impacts on the availability of spectrum for the internal market , radio spectrum policy should take into account all sectors and aspects of union policies and balance their respective needs , while respecting member states ' rights and competences in this field and the cultural , audiovisual and media policies of the member states .


### a fundamental requirement of universal service is to ensure that all end - users have access at an affordable price to available functional internet access and voice communications services , at least at a fixed location . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations . ### the obligation to ensure available access to affordable internet is a fundamental requirement of universal service obligation to ensure full geographical coverage at an affordable price to available internet access and voice communications services , at least at a fixed location to all citizens , especially for socially disadvantaged communities . member states should also have the possibility to ensure affordability of services not provided at a fixed location but to citizens on the move , where they deem this necessary to ensure their full social and economic participation in society . there should be no limitations on the technical means by which the connection is provided , allowing for wired or wireless technologies , nor any limitations on the category of operators which provide part or all of universal service obligations .


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . _________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market for affordable and accessible products and services incorporating facilities for end - users with disabilities , including when necessary assistive technologies interoperable with publicly available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable and accessible products and services incorporating facilities for end - users with disabilities under normal economic conditions . _________________ 38 oj c [ … ] , [ … ] , p . [ … ] .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations , but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### ‘ must carry’ obligations are a safety net provided in the interest of citizens to safeguard the principles of media pluralism and cultural diversity through ensuring access to a wide range of information and public value content ; ' must carry ' obligations may be applied to specified radio and audiovisual media services and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives of the public , such as media pluralism and cultural diversity and in line with the evolution of media distribution systems , consumer trends and related business models . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision and rules for proportionate remuneration . any ' must carry ' obligation remains independent from , and does not prejudice , the entitlement of holders of copyright or related rights to obtain fair remuneration for the use of their works or protected subject matter on the network concerned .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### electronic communications networks and services used for the distribution of radio or audiovisual media services broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations should include the transmission of services specifically designed to enable equivalent access by users with disabilities . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling for the deaf and hard of hearing , audio description , spoken subtitles and sign language interpretation . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of accessible programme - related data should be included in must carry obligations .


### contribute to the development of the internal market by removing remaining obstacles to , and facilitating convergent conditions for , investment in and the provision of electronic communications networks , associated facilities and services and electronic communications services throughout the union , by developing common rules and predictable regulatory approaches , by favouring the effective , efficient and coordinated use of spectrum , open innovation , the establishment and development of trans - european networks , the availability and interoperability of pan - european services , and end - to - end connectivity ; ### contribute to the development of the internal market in particular by ensuring effective and fair competition , as well as social and territorial cohesion by removing remaining obstacles to , and facilitating convergent conditions for , investment in and the provision of electronic communications networks , associated facilities and services and electronic communications services throughout the union , by developing common rules and predictable regulatory approaches , by favouring the effective , efficient and coordinated use of spectrum , open innovation , the establishment and development of trans - european networks , the availability and interoperability of pan - european services , and end - to - end connectivity and equivalent access for all end - users ;


### ensure effective and efficient use of radio spectrum ; and ### ensure effective and efficient use of radio spectrum , but at the same time taking into account of the public interest and the social , cultural and economic value of spectrum as a whole ; and


### in case of a national or regional lack of market demand for the use of a harmonised band , and subject to the harmonisation measure adopted under decision no 676 / 2002 / ec , member states may allow an alternative use of all or part of that band , including the existing use , in accordance with paragraphs 4 and 5 , provided that : ### in case of a national or regional lack of market demand for the use of a harmonised band , and subject to the harmonisation measure adopted under decision no 676 / 2002 / ec , and without prejudice to decision 243 / 2012 / eu establishing a multiannual radio spectrum policy programme and the decision on the use of the 470 - 790 mhz frequency band in the union , member states may allow an alternative use of all or part of that band , including the existing use , in accordance with paragraphs 4 and 5 , provided that :


### the specific characteristics of the radio spectrum concerned ; ### the specific characteristics of the radio spectrum concerned and the current and planned use of different available radio spectrum bands ;


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , including total conversation services , exercising their responsibility in a way that promotes efficiency , sustainable competition , media pluralism , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed .


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available internet access and voice communications services at a minimum level of quality specified in their territory , including the underlying connection , at least at a fixed location . member states shall ensure that the services provided through the universal service obligation under this directive must comply with the requirements of union legislation on open internet , in particular of regulation no 2015 / 2120 of the european parliament and of the council of 25 november 2015 .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states shall impose reasonable ' must carry ' obligations , for the transmission of specified radio and audiovisual media services and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guides for end - users with disabilities and data supporting and enabling end - users access to connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or audiovisual media services to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and audiovisual media services . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner . ### neither paragraph 1 of this article nor article 57 shall prejudice the ability of member states to determine appropriate remuneration , if any , by legal provisions , in respect of measures taken in accordance with this article while ensuring that , in similar circumstances , there is no discrimination in the treatment of undertakings providing electronic communications networks and services . where remuneration is provided for , member states shall ensure that it is applied in a proportionate and transparent manner .