### in february 2018 , the commission adopted its communication on ‘ a new , modern multiannual financial framework for a european union that delivers efficiently on its priorities post - 2020’18 . the communication stresses that the union budget shall support europe’s unique social market economy . therefore , it will be of utmost importance to improve employment opportunities and to address the skills challenges , especially also those linked to digitisation . budgetary flexibility shall be a key principle in the next multiannual financial framework . flexibility mechanisms shall remain in place to allow the union to react to unforeseen events , and to ensure that budgetary resources are used where most urgently needed . __________________ 18 https : / / ec . europa . eu / commission / sites / beta - political / files / communication - new - modern - multiannual - financial - framework_en . pdf ### in february 2018 , the commission adopted its communication on ‘ a new , modern multiannual financial framework for a european union that delivers efficiently on its priorities post - 2020’18 . the communication stresses that the union budget shall support europe’s unique social market economy . therefore , it will be of utmost importance to improve employment opportunities and to address the skills challenges , especially also those linked to digitisation , automation and the development of new technologies . budgetary flexibility shall be a key principle in the next multiannual financial framework . flexibility mechanisms shall remain in place to allow the union to react to unforeseen events , and to ensure that budgetary resources can be triggered as soon as possible and are used where most urgently needed . __________________ 18 https : / / ec . europa . eu / commission / sites / beta - political / files / communication - new - modern - multiannual - financial - framework_en . pdf


### the specific objective of the egf is to offer assistance in case of unexpected major restructuring events , particularly those caused by globalisation - related challenges , such as changes in world trade patterns , trade disputes , financial or economic crises , the transition to low - carbon economy or as a consequence of digitisation or automation . particular emphasis shall lie on measures that help the most disadvantaged groups . ### the specific objective of the egf is to offer assistance in case of major restructuring events , particularly those caused by globalisation - related challenges , such as changes in world trade patterns , including in intra - eu trade , the opening of markets , offshoring , dumping , trade disputes , financial or economic crises , the transition to low - carbon economy or as a consequence of digitisation or automation . particular emphasis shall lie on measures that help the most disadvantaged groups .


### every four years the commission shall carry out on its own initiative and in close cooperation with the member states , an evaluation of the egf financial contributions . ### every four years the commission shall carry out on its own initiative and in close cooperation with the member states , an evaluation of the egf financial contributions . therefore member states have to collect more and better data on egf cases and assisted workers to enable a proper evaluation of the programme ; .


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


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


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


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


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


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


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


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### by 30 june 2018 , member states shall adopt and make public their national plan and schedule , including detailed steps for fulfilling their obligations under articles 1 and 4 of this decision .


### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , existing and new authorisation regimes and information on the possibility to offer compensation for migration costs , where these would arise , in order to avoid , inter alia , costs for end - users . where member states intend to maintain dtt , the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies . ### member states should adopt coherent national roadmaps to facilitate the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band . once adopted , member states should communicate the roadmaps in a transparent manner around the union . the roadmaps should cover activities and timescales for frequency re - planning , technical developments for network and end - user equipment , co - existence between radio and non - radio equipment , 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 , in order to avoid , inter alia , costs for end - users and broadcasters . compensation schemes should focus in particular on the special needs of smes and start - ups , which do not have the same financial capacity as other firms . as for dtt , the roadmaps should give particular attention to facilitating , where necessary , upgrades of broadcasting equipment to more spectrum - efficient technologies such as advanced video formats or signal transmission technologies , with due regard for the principle of technological neutrality .


### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union . ### by 31 december 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 960 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to article 1 . the report shall assess whether it is necessary to change the use of the 470 - 960 mhz frequency band , or any part of it , in the union . when considering any option for the use of the 470 - 694 mhz frequency band after 2030 , aspects such as requirements , technological developments , consumer behaviour , the importance of delivering free - to - air television and various social , political , cultural and economic general interest objectives shall also be duly taken into account .


### when member states authorise the use of the 694 - 790 mhz frequency band or amend existing rights to use the 694 - 790 mhz frequency band , they shall take all necessary measures to ensure a high - quality level of coverage of their population and territory at speeds of at least 30 mb / s , both indoors and outdoors , including in pre - determined national priority areas where necessary , and along major terrestrial transport paths . such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with union law . ### when member states authorise the use of the 694 - 790 mhz frequency band or amend existing rights to use the 694 - 790 mhz frequency band , they shall take all necessary measures to ensure a high - quality level of coverage of their population and territory , at the fastest possible broadband speeds , and at least 30 mb / s both indoors and outdoors , including coverage in pre - determined national priority areas where necessary , and along major terrestrial transport paths , for the purpose of allowing wireless applications and european leadership in new digital services to contribute effectively to union economic growth .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure availability until 2030 of the 470 - 694 mhz frequency band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . each member state shall ensure that any other use of the 470 - 694 mhz frequency band on its territory is compatible with its national broadcasting needs and does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state .


### if member states authorise the use of spectrum in the 470 - 694 mhz frequency band for terrestrial systems capable of providing electronic communication services other than television broadcasting networks , such use shall be limited to downlink - only . such use shall be without prejudice to obligations resulting from international agreements and union law . ### if member states authorise the use of spectrum in the 470 - 694 mhz frequency band for terrestrial systems capable of providing electronic communications services other than television broadcasting networks , such use shall be limited to downlink - only and shall take into consideration the national needs for distribution of audiovisual media services to mass audiences . such use shall be without prejudice to obligations resulting from international agreements , such as cross - border frequency coordination agreements , and union law .


### for region 1 , which includes the union , the international telecommunication union’s radio regulations adopted by the world radiocommunication conference have allocated the 700 mhz frequency band to the broadcasting and the mobile service on a co - primary basis , and the 470 - 694 mhz frequency band exclusively to the broadcasting service , on a primary basis , and to wireless audio pmse use , on a secondary basis . ### for region 1 , which includes the union , the international telecommunication union’s radio regulations adopted by the world radiocommunication conference in 2015 have allocated the 700 mhz frequency band to the broadcasting and the mobile service on a co - primary basis , and the 470 - 694 mhz frequency band exclusively to the broadcasting service , on a primary basis , and to wireless audio pmse use , on a secondary basis .


### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union . ### by 1 january 2023 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union .


### in any case , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . __________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council . ### according to the lamy report , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . possible changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . __________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council .


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . member states should , however , be able to decide on the basis of reasonable grounds to delay the availability of the band for up to two years maximum . in the event that a member state decides to delay the availability of the band , it should inform other member states and the commission accordingly . such a coordinated approach would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services .


### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use . ### by 30 june 2020 , member states shall allow the use of the 694 - 790 mhz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions set by the commission pursuant to article 4 of decision 676 / 2002 / ec . member states may however decide , on the basis of reasonable grounds , to delay the availability of the band for up to two years maximum . where a member state decides to delay the availability of the band , it shall inform other member states and the commission accordingly . where necessary , member states shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with directive 2002 / 20 / ec , in order to allow that use .


### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess whether it is necessary to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union . ### by 1 january 2025 , the commission , in cooperation with the member states , shall carry out an assessment and report to the council and parliament on developments in the use of the 470 - 694 mhz frequency band , taking into account the social , economic , cultural and technological aspects affecting the use of the band pursuant to articles 1 and 4 . the report shall assess , including with regard to security , whether it is necessary and appropriate to change the use of the 470 - 694 mhz frequency band , or any part of it , in the union .


### by 30 june 2022 , member states shall allow the transfer or leasing of the rights of use of spectrum for electronic communications services in the 694 - 790 mhz frequency band . ### member states shall allow the transfer or leasing of the rights of use of spectrum for terrestrial systems capable of providing wireless broadband electronic communications services in the 694 - 790 mhz frequency band as from the date of the granting of such rights .


### 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 , although this would have to be reviewed before a future world radiocommunication conference . 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 . limiting the use of the sub - 700 mhz frequency band to downlink - only could slow down the speed of new technical innovations and such limitation is not needed at union 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 .


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the provision of audiovisual media services . the rspg recommends that member states should have the flexibility to use the sub - 700 mhz frequency band for wireless broadband electronic communications services .


### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences . ### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences . it is essential out of security considerations that non - proprietary transmission media such as dtt and broadcasting should remain available in the future , since , in the event of a cyber - attack , restrictions on or breaks in internet - based communications in the eu cannot be ruled out . accordingly , it should also be ensured that non - proprietary systems can be received on mobile terminals .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure availability until at least 2030 of the 470 - 694 mhz frequency band for the terrestrial provision of broadcasting services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . they shall ensure that any other use of the 470 - 694 mhz frequency band on their territory is compatible with their respective national broadcasting needs and does not cause harmful interference with the terrestrial provision of broadcasting services in a neighbouring member state .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure , at least until 2030 , availability of the 470 - 694 mhz frequency band for the terrestrial provision of broadcasting services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory is compatible with national broadcasting needs and does not cause harmful interference with the terrestrial provision of broadcasting services in a neighbouring member state .


### by 30 june 2017 , member states shall adopt and make public their national plan and schedule for fulfilling their obligations under articles 1 and 4 of this decision . ### by 30 june 2018 , member states shall adopt and make public their national plan and schedule , including detailed steps for fulfilling their obligations under articles 1 and 4 of this decision .


### 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 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 . in this way , the measures will promote innovative digital services and ensure long - term socioeconomic benefits .


### 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 .


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability at least until 2030 of the sub - 700 mhz frequency band for the dtt platform . the rspg recognises the importance of the dtt platform and the need to provide certainty for investments in broadcasting infrastructure . therefore rspg recommends that the sub - 700 mhz frequency band should remain available for dtt in the foreseeable future , at least until 2030 .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure availability until 2030 of the 470 - 694 mhz frequency band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . each member state shall ensure that any other use of the 470 - 694 mhz frequency band on its territory is compatible with its national broadcasting needs and does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state .


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . the member states should have the flexibility to use sub - 700 mhz frequency band for wireless broadband electronic communications services .


### in any case , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . __________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council . ### spectrum usage in the 470 - 960 mhz frequency bands should be reassessed at union level no later than 2025 . such an assessment should also take into account reviews of frequency bands with regard to the world radiocommunication conference in 2023 . any option for the use of the sub - 700 mhz frequency band after 2030 should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . __________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council .


### in any case , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level no later than 2025 . such an assessment should also take into account the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . __________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council . ### in any case , spectrum usage in the 470 - 694 mhz frequency band should be reassessed at union level in time for the planned review of this frequency band at the world radiocommunication conference in 2023 . changes in the use of the sub - 700 mhz frequency band should take into consideration technological developments , consumer behaviour , the importance of continuing the delivery of free television26 service and social , economic and cultural general interest objectives . in this context , studies on technical and regulatory conditions for co - existence between incumbent and new spectrum uses in the sub - 700 mhz frequency band are necessary . these would ensure coherence between the approaches taken by different member states on flexible and efficient spectrum use and would enable technical harmonisation measures for use and co - existence in this band . such studies and measures may be developed pursuant to decision no 676 / 2002 / ec . __________________ 26 in the meaning of directive 2010 / 13 / eu of the european parliament and of the council .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of broadcasting services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of broadcasting services in a neighbouring member state .


### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 . this would be in conjunction with ensuring long - term availability until 2030 of the sub - 700 mhz frequency band for the downlink - only provision of audiovisual media services . the rspg particularly recommends introducing flexibility so that the sub - 700 mhz frequency band can also be used for downlink - only wireless broadband electronic communications services . ### the radio spectrum policy group recommends in its opinion on a long - term strategy on the future use of the 470 - 790 mhz frequency band in the union the adoption of a coordinated approach across the union to make the 700 mhz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020 , noting that member states should be able to decide on the basis of reasonable grounds to delay the availability of the band for up to two years . this would be in conjunction with ensuring long - term availability until 2030 or even beyond of the sub - 700 mhz frequency band for the provision of broadcasting services . the rspg recommends that member states should have the flexibility to use the sub - 700 mhz frequency band for wireless broadband electronic communications services , provided that such use is compatible with the broadcasting needs in the relevant member state and does not create a constraint on the operations of dtt in neighbouring countries .


### 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 .


### 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 .


### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of audiovisual media services distribution . _________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm . ### in its strategy for the digital single market 21 , the commission highlights the importance of the 694 - 790 mhz frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band , while accommodating the specific needs of broadcasting services distribution . _________________ 21 see http : / / ec . europa . eu / priorities / digital - single - market / index_en . htm .


### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring member state . ### member states shall ensure availability of the 470 - 694 mhz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences , including free television , and for use by wireless audio pmse equipment , based on national broadcasting needs . member states shall ensure that any other use of the 470 - 694 mhz frequency band on their territory does not cause harmful interference to the terrestrial provision of audiovisual media services in a neighbouring member state .


### in the multiannual radio spectrum policy programme established by decision no 243 / 2012 / eu20 , the european parliament and the council set the objectives of identifying at least 1 200 mhz of spectrum suitable for wireless broadband electronic communications services in the union by 2015 , of supporting the further development of innovative audiovisual media services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services , if the need is clearly substantiated , and of ensuring sufficient spectrum for programme making and special events . _________________ 20 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . ### in the multiannual radio spectrum policy programme established by decision no 243 / 2012 / eu20 , the european parliament and the council set the objectives of identifying at least 1 200 mhz of spectrum suitable for wireless broadband electronic communications services in the union by 2015 , of supporting the further development of innovative broadcasting services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services , if the need is clearly substantiated , and of ensuring sufficient spectrum for programme making and special events . _________________ 20 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme .


### the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible . this should include the possibility for holders of rights of use of spectrum to trade and lease their existing rights in the context of the application of articles 9 , 9a and 9b of directive 2002 / 21 / ec24 . __________________ 24 directive no 2002 / 21 / ec of 7 march 2002 on a common regulatory framework for electronic communications networks and services . ### the use of the 700 mhz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible . this should include the possibility for holders of rights of use of spectrum to trade and lease their existing rights in the context of the application of articles 9 , 9a and 9b of directive 2002 / 21 / ec24 , taking into account the obligation to promote effective competition without distortions in the internal market for electronic communications services under article 5 of decision no 243 / 2012 / eu , and noting that during their respective assessments when licensing spectrum , the member states , in their full competence , are invited to take into consideration the business plan of the operators and its contribution to meeting the digital agenda objectives , promoting innovative digital services and long term socio - economic benefits , rather than aiming at the short - term economic benefit from licensing spectrum to the highest bidder . __________________ 24 directive no 2002 / 21 / ec of 7 march 2002 on a common regulatory framework for electronic communications networks and services .


### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences . ### spectrum is a public good . it is , in the 470 - 790 mhz frequency band , a valuable and public asset , and not only for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it is thus a prerequisite for access to and dissemination of cultural goods , in particular radio . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences .


### by 30 june 2022 , member states shall allow the transfer or leasing of the rights of use of spectrum for electronic communications services in the 694 - 790 mhz frequency band . ### member states shall allow the transfer or leasing of the rights of use of spectrum for terrestrial systems capable of providing wireless broadband electronic communications services in the 694 - 790 mhz frequency band as from the date of the granting of such rights .


### in line with articles 9 and 9a of directive 2002 / 21 / ec , member states should apply a flexible approach where possible and may allow the introduction of alternative downlink - only uses such as terrestrial wireless broadband electronic communications services in the sub - 700 mhz frequency band in accordance with national needs for distribution of audiovisual media services to a mass audience . when allowing use within the sub - 700 mhz frequency band for downlink - only terrestrial wireless broadband electronic communications services , member states should ensure that such use does not affect the use of sub - 700 mhz band for digital terrestrial broadcasting in neighbouring member states , as provided for in the agreement at the regional radiocommunication conference of 200625 . __________________ 25 regional radiocommunication conference of 2006 for planning of the digital terrestrial broadcasting service in parts of regions 1 and 3 , in the frequency bands 174 - 230 mhz and 470 - 862 mhz in geneva . ### in line with articles 9 and 9a of directive 2002 / 21 / ec , member states should apply a flexible approach where possible and may allow the introduction of alternative uses such as terrestrial wireless broadband electronic communications services in the sub - 700 mhz frequency band in accordance with national needs for distribution of broadcasting services to a mass audience . when allowing use within the sub - 700 mhz frequency band for terrestrial wireless broadband electronic communications services , member states should ensure that such use does not cause harmful interference to digital terrestrial broadcasting in neighbouring member states , as provided for in the agreement at the regional radiocommunication conference of 200625 . __________________ 25 regional radiocommunication conference of 2006 for planning of the digital terrestrial broadcasting service in parts of regions 1 and 3 , in the frequency bands 174 - 230 mhz and 470 - 862 mhz in geneva .


### 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 .


### forum for exchange of information on enforcement ### forum for enforcement and exchange of information


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


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


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


### where the market surveillance authorities of one member state decide to withdraw a vehicle , system , component and separate technical unit from the market in accordance with article 49 , they shall inform the economic operator concerned and where applicable the relevant approval authority . ### where the market surveillance authorities of one member state decide to withdraw a vehicle , system , component and separate technical unit from the market in accordance with article 49 , they shall inform the economic operator concerned and the relevant approval authority .


### 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 , .


### for some carcinogens and mutagens it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection . ### for some carcinogens and mutagens and other substances that damage human fertility it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection .


### 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 .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital uses of works and other subject - matter such as the use of extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter or extracts under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . thus , for example , the exception should be limited to the use of brief extracts for intellectual works , except in the case of plays and poems . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations and cultural heritage institutions in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research .


### 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 are in a weaker negotiating 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 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 . the reporting obligation should be transferred with the rights and therefore follow the work across all forms of exploitation , irrespective of who exploits it and in which territory .


### 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 protected content by information society service providers storing and / or giving access to works and other protected subject - matter uploaded by their users


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers , or representatives they appoint , are entitled to request additional , fair remuneration from the party with whom they entered into a contract for the exploitation of the rights when it is duly justified to claim that the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances .


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall be proportionate and effective and shall ensure a high level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency and the disproportionality is duly justified .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium at any point in the life of a work or other subject - matter and to the extent required for such reproduction , including via partnerships with other institutions or third parties .


### 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 , timely , adequate , accurate 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 , promotional activities undertaken , revenues generated and remuneration due .


### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of licences , covering at least the same uses as those allowed under the exception . this mechanism should not , on the other hand , apply to materials which are primarily intended for the educational market , for which it should be possible to arrange licences . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the years , online services providing access to content uploaded by their users without the involvement of rightholders have flourished and have become important sources of access to content online , allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightholders .


### 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 .


### 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 protected content by information society service providers storing and / or giving access to significant amounts of works and other subject - matter uploaded by their users


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and make available to the public copyright protected works or other subject - matter , uploaded by their users , going beyond the mere technical , automatic and passive provision of physical facilities , shall be obliged to conclude licensing agreements with rightholders . those service providers shall not benefit from the liability exemption provided for in article 14 of directive 2000 / 31 / ec of the european parliament and of the council . where information society service providers are eligible for the liability exemption provided for in article 14 of directive 2000 / 31 / ec , they shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter and to prevent the availability on their services of works or other protected subject - matter . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . all the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter .


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


### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry . it is therefore necessary to provide at union level a harmonised legal protection for press publications in respect of digital uses . such protection should be effectively guaranteed through the introduction , in union law , of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses . ### the organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and / or provide to the public access to significant amounts of works or other subject - matter uploaded by their users shall conclude licensing agreements with rightholders . these services shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . rightholders shall provide information society service providers with the reference file , metadata or any information necessary to ensure the effective functioning of those measures .


### 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 for the entire duration of copyright , 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 licence or a transfer of rights is disproportionately low compared to the 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 .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide to the public access to significant amounts of copyright protected works or other subject - matter uploaded by their users and perform an act of communication to the public shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or , where such agreements have not been concluded , to prevent the availability on their services of works or other subject - matter identified by rightholders . those measures , such as the use of effective content recognition technologies , shall be appropriate , proportionate and compliant with the relevant industry standards . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the rightholders ' own works and other subject - matter in a commonly agreed reporting format . the rightholders shall provide the service providers with the necessary data to allow the services to identify their content , such as reference files and metadata .