### this regulation shall apply to reclaimed water destined for a use specified in section 1 of annex i . ### this regulation shall apply to reclaimed water destined for a use specified in section 1 of annex i . this regulation shall not apply to pilot projects focussing on water reuse in reclamation plants .


### c c ### drip irrigation* only only irrigation methods that do not lead to direct contact between the crop and the reclaimed water . for example , drip irrigation .


### any other means of organising and facilitating exchanges of information on convictions between central authorities of member states , including : ### any other technical means of organising and facilitating exchanges of information on convictions between central authorities of member states , including :


### the investeu fund should support investments in tangible and intangible assets to foster growth , investment and employment , and thereby contributing to improved well - being and fairer income distribution in the union . intervention through the investeu fund should complement union support delivered through grants . ### the investeu fund should support investments in tangible and intangible assets to foster growth and cohesion , sustainable investment in strategic areas and long term employment , and thereby contributing to improved well - being and equal opportunities in the union . intervention through the investeu fund should complement union support delivered through grants .


### to increase the access to and the availability of microfinance and finance to social enterprises , support financing and investment operations related to social investment and skills and develop and consolidate social investment markets , in the areas referred to in point of article 7 . ### to increase the access to and the availability of microfinance and finance to social enterprises , educational institutions and cultural and creative industries , support financing and investment operations related to social investment skills and competences and develop and consolidate social investment markets , in the areas referred to in point of article 7 .


### the investeu fund should support investments in tangible and intangible assets to foster growth , investment and employment , and thereby contributing to improved well - being and fairer income distribution in the union . intervention through the investeu fund should complement union support delivered through grants . ### the investeu fund should support investments in tangible and intangible assets to foster growth and cohesion , sustainable investment in strategic areas and long term employment , and thereby contributing to improved well - being , cultural development and equal opportunities in the union . intervention through the investeu fund should complement union support delivered through grants .


### the investeu fund should contribute to improving the competitiveness of the union , including in the field of innovation and digitisation , the sustainability of the union ' s economic growth , the social resilience and inclusiveness and the integration of the union capital markets , including solutions addressing their fragmentation and diversifying sources of financing for the union enterprises . to that end , it should support projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners . it should be demand - driven while support under the investeu fund should at the same time focus on contributing to meeting policy objectives of the union . ### the investeu fund should contribute to improving the competitiveness and the social and cultural development of the union , including in the field of innovation , creation and digitisation , the sustainability of the union ' s economic growth , the social resilience and inclusiveness , strengthening humans skills and capabilities as key enablers of economic , social and cultural development and the integration of the union capital markets , including solutions addressing their fragmentation and diversifying sources of financing for the union enterprises . to that end , it should support projects that are technically and economically viable by providing a framework for the use of debt , risk sharing and equity instruments underpinned by a guarantee from the union ' s budget and by contributions from implementing partners . it should be demand - driven while support under the investeu fund should at the same time focus on contributing to meeting policy objectives of the union .


### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals . ### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; cultural and creative smes and organisations with intercultural dialogue and cohesion goals as well as integration of vulnerable people , including third country nationals .


### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support . ### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union’s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . similarly , in the digital sector , a priority to develop new infrastructure should be given in order to ensure that the union will be a global pioneer in the digital economy . moreover , a criterion for the success of the efsi could be the assistance provided to policy areas that suffered from cuts in investments in order to fund the efsi , such as research grants , especially for low technology readiness levels . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support .


### the efsi , implemented and co - sponsored by the eib group , is firmly on track to deliver the objective of mobilising at least eur 315 billion in additional investments in the real economy by mid - 2018 . the market absorption has been particularly quick under the sme window where the efsi is delivering well beyond expectations . in july 2016 the sme window was thus scaled - up by eur 500 million within the existing parameters of regulation no 2015 / 1017 . a larger share of financing to be geared towards smes given the exceptional market demand for sme financing under the efsi : 40% of the increased risk bearing capacity of the efsi should be geared towards increasing access to financing for smes . ### the impact of the efsi on addressing the investment gaps , the high levels of unemployment and the low post - financial - crisis growth rates in the union has yet to be fully assessed . the efsi is expected to mobilise the targeted eur 315 billion in additional investments by mid - 2018 . it is already clear , however , that market absorption has been quicker under the sme window , where the efsi is delivering well beyond expectations , than under the infrastructure and innovation window . in july 2016 the sme window was thus scaled - up by eur 500 million within the existing parameters of regulation no 2015 / 1017 . a larger share of financing to be geared towards smes given the exceptional market demand for sme financing under the efsi : 40% of the increased risk bearing capacity of the efsi should be geared towards increasing access to financing for smes .


### on 28 june 2016 , the european council concluded that “the investment plan for europe , in particular the european fund for strategic investments , has already delivered concrete results and is a major step to help mobilise private investment while making smart use of scarce budgetary resources . the commission intends to soon put forward proposals on the future of the efsi , which should be examined as a matter of urgency by the european parliament and the council . ” ### on 28 june 2016 , the european council concluded that “the investment plan for europe , in particular the european fund for strategic investments , has already delivered concrete results and is a major step to help mobilise private investment while making smart use of scarce budgetary resources . the commission intends to soon put forward proposals on the future of the efsi , which should be examined as a matter of urgency by the european parliament and the council . ” furthermore , taking into consideration the remaining low - risk appetite of investors , the commission should undertake others ambitious initiatives to help mobilise private investment and proceed with the introduction of the necessary regulatory transformations in order to allow financial institutions to take more infrastructure projects into their portfolios , including further financing of smes , while making smart use of scarce budgetary resources .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months of the facilitative dialogue to be conducted under unfccc in 2018 , and by 28 february 2024 and every five years thereafter , the commission shall report to the european parliament and to the council on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , while taking into account the latest scientific findings of the ipcc , and may make legislative proposals if appropriate .


### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2020 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each member state . an adjustment to the allocation in 2021 is provided for member states with both a positive limit under decision 406 / 2009 / ec and increasing annual emission allocations between 2017 and 2020 determined pursuant to decisions 2013 / 162 / eu and 2013 / 634 / eu , to reflect the capacity for increased emissions in those years . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . __________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### the approach of annually binding national limits taken in decision no 406 / 2009 / ec of the european parliament and of the council19 should be continued from 2021 to 2030 , with the start of the trajectory calculation in 2017 on the average of the greenhouse gas emissions during 2016 to 2018 and using the 2020 targets established under decision no 406 / 2009 / ec as a maximum limit and the end of the trajectory being the 2030 limit for each member state . the european council concluded that the availability and use of existing flexibility instruments within the non - ets sectors should be significantly enhanced in order to ensure cost - effectiveness of the collective union effort and convergence of emissions per capita by 2030 . __________________ 19 decision no 406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 to take stock of the collective efforts of parties in relation to progress towards the global long - term goal , and within six months of the global stocktake in 2023 and every five years thereafter , the commission shall submit a report to the european parliament and to the council on the operation of this regulation , its contribution to the eu ' s overall 2030 , 2040 and 2050 greenhouse gas emission reduction targets and assess its contribution to the long - term mitigation goals of the paris agreement and the need to update this regulation to enhance the union´s climate action . the report shall be accompanied , where appropriate , legislative proposals .


### where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to article 8 of regulation [ lulucf ] is adopted , the commission shall be empowered to adopt a delegated act to modify paragraph 1 of this article in order to reflect a contribution of the accounting category managed forest land in accordance with article 12 of this regulation . ### where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to article 8 of regulation [ lulucf ] is adopted , the commission shall be empowered to adopt a delegated act before the review of regulation [ lulucf ] in 2024 to modify paragraph 1 of this article , without affecting the overall amount of 190 million net removals under this article , in order to reflect a contribution of the accounting category managed forest land in accordance with article 12 of this regulation .


### this regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances and be informed by the results of the global stocktake of the paris agreement . ### this regulation should be reviewed within six months of the facilitative dialogue to be conducted under unfccc in 2018 and every 5 years thereafter in order to assess its overall functioning . the review should take into account evolving national circumstances , be informed by the results of the global stocktake of the paris agreement , and should , if appropriate , be accompanied by legislative proposals .


### invest in health promotion and disease prevention ### invest in health promotion and disease prevention , including through the promotion of physical activity


### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . they shall also promote equal opportunities for all , without discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation throughout their preparation , implementation , monitoring and evaluation . ### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . they shall also promote equal opportunities for all , without discrimination based on sex , racial or ethnic origin , religion or belief , disability or health condition , age or sexual orientation throughout their preparation , implementation , monitoring and evaluation .


### under the health strand , the esf + shall support health promotion and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , and support eu health legislation . ### under the health strand , the esf + shall support health promotion and disease prevention , including through the promotion of physical activity , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , and support eu health legislation .


### the member states should take all necessary measures to enable air carriers to fulfil their obligations under this directive . dissuasive , effective and proportionate penalties , including financial ones , should be provided for by member states against those air carriers failing to meet their obligations regarding the transfer of pnr data . where there are repeated serious infringements which might undermine the basic objectives of this directive , these penalties may include , in exceptional cases , measures such as the immobilisation , seizure and confiscation of the means of transport , or the temporary suspension or withdrawal of the operating licence . ### the member states should take all necessary measures to enable air carriers to fulfil their obligations under this directive . dissuasive , effective and proportionate penalties , including financial ones , should be provided for by member states against those air carriers failing to meet their obligations regarding the transfer of pnr data .


### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights . ### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 3 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights .


### the third country agrees to transfer the data to another third country only where it is necessary for the purposes of this directive specified in article 1 and only with the express authorisation of the member state . ### the third country receiving the data agrees to transfer the data to another third country only where it is necessary for the purposes of this directive specified in article 1 and if the conditions of article 8 are met .


### member states shall transmit the data referred to in article 12 , article 13 and article 14 electronically . the data referred to in article 12 , article 13 and article 14 shall be automatically recorded in the central system . as far as necessary for the efficient operation of the central system , eu - lisa shall establish the technical requirements to ensure that data can be properly electronically transmitted from the member states to the central system and vice versa . ### member states shall transmit the data referred to in article 12 , article 12a , article 13 and article 14 electronically . the data referred to in article 12 , article 12a , article 13 and article 14 shall be automatically recorded in the central system . as far as necessary for the efficient operation of the central system , eu - lisa shall establish the technical requirements to ensure that data can be properly electronically transmitted from the member states to the central system and vice versa .


### it is also necessary to require the member states promptly to take and transmit the fingerprint data of every applicant for international protection and of every third - country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a member state or is found to be staying illegally in a member state , if they are at least six years of age . ### it is also necessary to require the member states promptly to take and transmit the biometric data of every applicant for international protection and of every third - country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a member state or is found to be staying illegally in a member state , if they are at least six years of age .


### the recipients or categories of recipients of the data ; ### the recipients of the data ;


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals and the european union agency for fundamental rights ' checklist to act in compliance with fundamental rights when obtaining fingerprints for eurodac . 34a where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals and stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image . _________________ 34 com 150 final , 27 . 5 . 2015 34a fra fundamental rights implications of the obligation to provide fingerprints for eurodac , 22 . 10 . 2015


### requests for comparison with eurodac data shall be limited to searching with fingerprint or facial image data . ### requests for comparison with eurodac data shall be limited to what is strictly necessary and proportionate , and in any case to searching with fingerprint or facial image data .


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### member states should apply the guidelines to be established and monitored , jointly , by the european union agency for asylum and the european union agency for fundamental rights for a common practice taking fingerprints and facial images of irregular third - country nationals in compliance with the charter of fundamental rights of the european union , building upon the fra ' s 2015 checklist1a . where a member state ' s national law allows for the taking of fingerprints by coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image . _________________ 1a fra checklist to act in compliance with fundamental rights when obtaining fingerprints for eurodac , 2015 http : / / fra . europa . eu / en / publication / 2015 / fundamental - rights - implications - obligation - provide - fingerprints - eurodac#checklist


### member states are obliged to take the fingerprints and facial image of persons referred to in article 10 , 13 and 14 for the purposes of article 1 and of this regulation and shall impose on the data - subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with article 30 of this regulation . ### member states are obliged to take the fingerprints and facial image of persons referred to in articles 10 , 12 , 13 and 14 for the purposes of article 1 and of this regulation and shall impose on the data - subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with article 30 of this regulation and in accordance with the provisions and guarantees laid down in the annex to this regulation .


### fingerprint and facial image data transmitted by any member state , with the exception of those transmitted in accordance with article 11 and , shall be compared automatically with the fingerprint data transmitted by other member states and already stored in the central system in accordance with article 10 , 13 and 14 . ### fingerprint and facial image data transmitted by any member state , with the exception of those transmitted in accordance with article 11 and , shall be compared automatically with the fingerprint data transmitted by other member states and already stored in the central system in accordance with articles 10 , 12a , 13 and 14 .


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### member states should abide by the commission’s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 – annexed hereto – which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015


### eu - lisa shall be permitted to use real personal data of the eurodac production system for testing purposes in the following circumstances : ### eu - lisa shall be permitted to use real personal data of the eurodac production system for testing purposes , in accordance with the provisions of regulation 2016 / 679 , in the following circumstances :


### for the purposes laid down in article 10 , each set of data relating to an applicant for international protection , as referred to in article 12 , shall be stored in the central system for ten years from the date on which the fingerprints were taken . ### for the purposes laid down in article 10 , each set of data relating to an applicant for international protection , as referred to in article 12 , shall be stored in the central system for five years from the date on which the fingerprints were taken .


### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . a member state may attempt to re - take the fingerprints or facial image of a minor or vulnerable person who refuses to comply , where the reason for non - compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so . where a minor , in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks , the minor shall be referred to the national child protection authorities and / or national referral mechanisms . ### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . where a minor , in particular an unaccompanied or separated minor , refuses to give their fingerprints or a facial image , the minor shall be referred to the national child protection authorities , the national referral mechanisms or both . a specific needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests shall be undertaken by the national child protection authorities , the other relevant national referral mechanisms or both .


### third - country nationals or stateless persons who have requested international protection in one member state may try to request international protection in another member state for many years to come . therefore , the maximum period during which fingerprint and facial image data should be kept by the central system should be of considerable length . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of ten years should be considered a reasonable period for the storage of fingerprint and facial image data . ### the maximum period during which fingerprint and facial image data of third - country nationals or stateless persons who have requested international protection should be kept by the central system should be limited to what is strictly necessary and proportionate , in line with the principle of proportionality enshrined in article 52 of the charter and as interpreted by the case law of the cjeu . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of five years should be considered a reasonable period for the storage of fingerprint and facial image data .


### a person covered by article 10 , article 13 or article 14 shall be informed by the member state of origin in writing , and where necessary , orally , in a language that he or she understands or is reasonably supposed to understand in a concise , transparent , intelligible and easily accessible form , using clear and plain language , of the following : ### a person covered by articles 10 , 12a , article 13 or article 14 shall be informed by the member state of origin in writing , and where necessary , orally , in a language that he or she understands or is reasonably supposed to understand in a concise , transparent , intelligible and easily accessible form , using clear and plain language , of the following :


### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security . this group should assess the necessity and proportionality of establishing interoperability with the schengen information systems and the visa information systems , and examine if there is a need to revise the legal framework for law enforcement access to eurodac . _________________ 28 com 205 final ### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems and examine if there is a need to revise the legal framework for law enforcement access to eurodac . technological solutions should be developed to ensure the interoperability of eurodac with the schengen information system , the visa information system , europol and the entry - exit system in order to enhance effective cooperation amongst member states in managing external borders and combatting serious crime . _________________ 28 com 205 final


### no information regarding the fact that an application for international protection has been made in a member state shall be disclosed to any third - country for persons related to article 10 , particularly where that country is also the applicant ' s country of origin . ### no information regarding the fact that an application for international protection has been made in a member state shall be disclosed to any third - country for persons related to article 10 .


### the procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the member state concerned and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the procedure for taking fingerprints and a facial image shall be established and monitored , jointly , by the european union agency for asylum and fra , building upon the fra ' s 2015 checklist1a and applied by the member state concerned in full respect of human dignity and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . _________________ 1a fra checklist to act in compliance with fundamental rights when obtaining fingerprints for eurodac , 2015 http : / / fra . europa . eu / en / publication / 2015 / fundamental - rights - implications - obligation - provide - fingerprints - eurodac#checklist


### no information regarding the fact that an application for international protection has been made in a member state shall be disclosed to any third - country for persons related to article 10 , particularly where that country is also the applicant ' s country of origin . ### no information regarding the fact that an application for international protection has been made in a member state shall be disclosed to any third - country for persons related to article 10 or article 12a , particularly where that country is also the applicant ' s country of origin .


### for the purposes laid down in article 14 , each set of data relating to a third - country national or stateless person as referred to in article 14 shall be stored in the central system for five years from the date on which his or her fingerprints were taken . ### for the purposes laid down in article 14 , each set of data relating to a third - country national or stateless person as referred to in article 14 shall be stored in the central system for a period limited to the duration of a measure taken upon a specific individual with a maximum of five years from the date on which his or her fingerprints were first taken .


### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 , 13 and 14 along with , where appropriate , the mark referred to in article 19 and . where a negative hit result is received , the data referred to in article 12 , 13 and 14 shall not be transmitted . ### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in articles 12 , 12b , 13 and 14 along with , where appropriate , the mark referred to in article 19 and . where a negative hit result is received , the data referred to in articles 12 , 12b , 13 and 14 shall not be transmitted .


### the reference number referred to in articles 12 , 13 , 14 and 20 shall make it possible to relate data unambiguously to one particular person and to the member state which is transmitting the data . in addition , it shall make it possible to tell whether such data relate to a person referred to in article 10 , 13 or 14 . ### the reference number referred to in articles 12 , 12a , 13 , 14 and 20 shall make it possible to relate data unambiguously to one particular person and to the member state which is transmitting the data . in addition , it shall make it possible to tell whether such data relate to a person referred to in articles 10 , 12a , 13 or 14 .


### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . ### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly , child - sensitive and gender - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed orally , in a language he / she understands , in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image .


### the member state of origin which entered the data in the central system has given its consent and the individual concerned has been informed that his or her personal information may be shared with the authorities of a third - country . ### the member state of origin which entered the data in the central system has given its consent and the individual concerned has been informed that his or her personal information will be shared with the authorities of a specific third - country .


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### member states should apply the guidelines to be established and monitored , jointly , by the european union agency for asylum and the european union agency for fundamental rights for a common practice taking fingerprints and facial images of irregular third - country nationals in compliance with the charter of fundamental rights of the european union , building upon the fra ' s 2015 checklist1a . where a member state ' s national law allows for the taking of fingerprints by coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image . _________________ 1a fra checklist to act in compliance with fundamental rights when obtaining fingerprints for eurodac , 2015 http : / / fra . europa . eu / en / publication / 2015 / fundamental - rights - implications - obligation - provide - fingerprints - eurodac#checklist


### the number of data sets transmitted on persons referred to in articles 10 , 13 and 14 ; ### the number of data sets transmitted on persons referred to in articles 10 , 12a , 13 and 14 ;


### the result of the comparison of facial image data carried out pursuant to article 16 shall be immediately checked and verified in the receiving member state . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned . ### the result of the comparison of facial image data carried out pursuant to article 16 shall be immediately checked and verified in the receiving member state . for the purposes laid down in article 1 , and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned .


### for the purposes laid down in article 13 , each set of data relating to a third - country national or stateless person as referred to in article 13 shall be stored in the central system for five years from the date on which his or her fingerprints were taken . ### for the purposes laid down in article 13 , each set of data relating to a third - country national or stateless person as referred to in article 13 shall be stored in the central system for a period limited to the duration of a measure taken upon a specific individual with a maximum of five years from the date on which his or her fingerprints were first taken .


### the level of protection of human or animal health and of the environment chosen in the union allows for a uniform scientific assessment throughout the union and this directive should not alter that situation . therefore , to avoid any interference with the competences which are granted to the risk assessors and risk managers under directive 2001 / 18 / ec and regulation no 1829 / 2003 , a member state should only use grounds related to environmental policy objectives which do not conflict with the assessment of risks to health and the environment which are assessed in the context of the authorisation procedures provided in directive 2001 / 18 / ec and in regulation no 1829 / 2003 , such as the maintenance of certain type of natural and landscape features , certain habitats and ecosystems , as well as specific ecosystem functions and services . ### the level of protection of human or animal health and of the environment chosen in the union cannot be diverged from by a member state , and this principle should be maintained . therefore , to avoid any interference with the competences which are granted to the risk assessors and risk managers under directive 2001 / 18 / ec and regulation no 1829 / 2003 , a member state should only use grounds related to environmental policy objectives which are complementary to the assessment of risks to health and the environment which are assessed in the context of the authorisation procedures provided in directive 2001 / 18 / ec and in regulation no 1829 / 2003 .


### in accordance with article 2 tfeu , member states are therefore entitled to have a possibility , during the authorisation procedure and thereafter , to decide to restrict or prohibit the cultivation of a gmo on their territory with the effect of excluding cultivation of a specific gmo in all or part of that member state ' s territory . in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are entitled to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products . the grant of that possibility to member states should facilitate the decision - making process in the gmo field . at the same time , freedom of choice of consumers , farmers and operators should be preserved whilst providing greater clarity to affected stakeholders concerning the cultivation of gmos in the union . this directive should therefore facilitate the smooth functioning of the internal market . ### in that context , it appears appropriate to grant member states , in accordance with the principle of subsidiarity , more flexibility to decide whether or not they wish to cultivate gmo crops on their territory without affecting the risk assessment provided in the system of union authorisations of gmos , either in the course of the authorisation procedure or thereafter , and independently of the measures that member states are required to take by application of directive 2001 / 18 / ec to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### without prejudice to the possibility provided for a member state to request the adjustment of the geographical scope of a notification / application , there should always be the possibility for a member state to act as risk manager and adopt reasoned measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos once authorised in all or part of its territory , on the basis of grounds relating to the public interest , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other legitimate factors such as socio - economic impacts , where those factors have not been addressed as part of the harmonised procedure provided for in part c of directive 2001 / 18 / ec , or to persisting scientific uncertainty . those measures should be duly justified on scientific grounds or on grounds relating to other legitimate factors which might arise from the deliberate release or the placing on the market of gmos . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives distinct from the elements assessed according to this directive and regulation no 1829 / 2003 ; town and country planning ; land use ; socio - economic impacts ; avoidance of gmo presence in other products without prejudice to article 26a ; agricultural policy objectives ; public policy . those grounds may be invoked individually or in combination , with the exception of the ground set out in point which cannot be used individually , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 . ### without prejudice to paragraph 1 , a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives relating to environmental impacts which might arise from the cultivation of gmos and which are complementary to the impacts examined during the scientific risk assessment conducted according to this directive and regulation no 1829 / 2003 . those grounds may include : - the prevention of the development of pesticide resistance amongst weeds and pests ; - the invasiveness or persistence of a genetically modified variety , or the possibility of interbreeding with domestically cultivated or wild plants ; - the prevention of negative impacts on the local environment caused by changes in agricultural practices linked to the cultivation of gmos ; - the maintenance of local biodiversity , including certain habitats and ecosystems , or certain types of natural and landscape features , as well as specific ecosystem functions and services ; - the absence or lack of adequate data concerning the potential negative impacts of the release of gmos on the local or regional environment of a member state , including on biodiversity ; town and country planning ; land use ; socio - economic impacts such as the impracticability or the high costs of coexistence measures or the impossibility of implementing coexistence measures due to specific geographical conditions such as small islands or mountain zones ; agricultural policy objectives . those grounds may include : - the need to protect the diversity of agricultural production ; - the maintenance and development of agricultural practices which offer a better potential to reconcile production with ecosystem sustainability ; – the need to ensure seed purity . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 .


### member states may take appropriate measures to avoid the unintended presence of gmos in other products . ### in article 26a , paragraph 1 is replaced by the following : ‘ 1 . member states shall take appropriate measures to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states . ’


### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market in accordance with annex ii to directive 2001 / 18 / ec . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market . a uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the union . ### under that legal framework , gmos for cultivation are to undergo an individual risk assessment before being authorised to be placed on the union market , in accordance with annex ii to directive 2001 / 18 / ec taking into account the direct , indirect , immediate and delayed effects , as well as the cumulative long - term effects , on human health and the environment . the aim of that authorisation procedure is to ensure a high level of protection of human life and health , animal health and welfare , the environment and consumer interests , whilst ensuring the effective functioning of the internal market . a uniform high level of protection of health and the environment should be achieved and maintained throughout the territory of the union .


### during the authorisation procedure of a given gmo or during the renewal of consent / authorisation , a member state may request , via the commission , the notifier / applicant to adjust the geographical scope of its notification / application submitted in accordance with part c of this directive or regulation no 1829 / 2003 , to the effect that all or part of the territory of that member state is to be excluded from cultivation . this request shall be communicated to the commission at the latest 30 days from the date of the circulation of the assessment report under article 14 of this directive , or from receiving the opinion of the authority under article 6 and article 18 of regulation no 1829 / 2003 . the commission shall communicate the request of the member state to the notifier / applicant and to the other member states without delay . ### during the authorisation procedure of a given gmo or during the renewal of consent / authorisation , a member state may request the commission to present to the notifier / applicant its demand to adjust the geographical scope of its notification / application submitted in accordance with part c of this directive or regulation no 1829 / 2003 , to the effect that all or part of the territory of that member state is to be excluded from cultivation . that request shall be justified on compelling grounds such as those mentioned in paragraph 3 of this article . that request shall be communicated to the commission at the latest 60 days from the date of the circulation of the assessment report under article 14 of this directive , or from receiving the opinion of the authority under article 6 and article 18 of regulation no 1829 / 2003 . the commission shall communicate the request of the member state to the notifier / applicant and to the other member states without delay .


### no later than 4 years after… , the commission shall present a report to the european parliament and to the council regarding the use made by member states of this directive including the effectiveness of the provisions enabling member states to restrict or prohibit the cultivation of gmos in all or part of their territory and the smooth functioning of the internal market . that report may be accompanied by any legislative proposals the commission considers appropriate . the commission shall also report on the progress towards giving normative status to the strengthened 2010 authority guidance on the environmental risk assessment of genetically modified plants . _______________ oj : please insert the date of entry into force of this directive . ### no later than 4 years after… , the commission shall present a report to the european parliament and to the council regarding the use made by member states of this directive including the effectiveness of the provisions enabling member states to restrict or prohibit the cultivation of gmos in all or part of their territory and the smooth functioning of the internal market . that report may be accompanied by any legislative proposals the commission considers appropriate . during this period the commission shall also give normative status to the strengthened 2010 authority guidance on the environmental risk assessment of genetically modified plants . ______________ oj : please insert the date of entry into force of this directive .


### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and no later than two years after the date when the consent / authorisation is granted , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . ____________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services . ### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and for the whole duration of the consent / authorisation , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . the member state concerned should therefore communicate the proposed measures to the commission at least 75 days prior to their adoption , in order to give the opportunity to the commission to comment , and should refrain from adopting and implementing those measures during that period . on the expiry of the established standstill period , the member state should be able to adopt the measures as originally proposed or amended to take into account the commission ' s comments . ____________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services .


### for the purposes of an adjustment of the geographical scope of the consent / authorisation of a gmo under paragraphs 5 and 6 , and on condition that under paragraph 5 the consent / authorisation - holder explicitly or tacitly agrees to the request of the member state : ### for the purposes of an adjustment of the geographical scope of the consent / authorisation of a gmo under paragraph 6 :


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### on expiry of the 75 - day period referred to in the first subparagraph , the member state concerned may , for the whole duration of the consent / authorisation and as from the date of entry into force of the union authorisation , adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the authorisation holder without delay .


### where the authorisation has already been granted and the authorisation holder has explicitly or tacitly agreed to a request within 30 days from the communication of the request referred to in paragraph of this article , the authorisation shall be as agreed by the authorisation holder . for a written consent under this directive , the competent authority shall amend the geographical scope of the consent accordingly as explicitly or tacitly agreed by the authorisation holder and shall inform the commission , the member states , and the authorisation holder once this is complete . for an authorisation under regulation no 1829 / 2003 , the commission shall amend the decision of authorisation accordingly , without applying the procedure set out in article 35 of that regulation . the commission shall inform the member states and the authorisation holder accordingly . ### where the authorisation has already been granted and the authorisation holder has explicitly or tacitly agreed to a request within 30 days from the communication of the request referred to in paragraph of this article , the authorisation shall be as agreed by the authorisation holder . for a written consent under this directive , the competent authority shall amend the geographical scope of the consent accordingly as explicitly or tacitly agreed by the authorisation holder and shall inform the commission , the member states , and the authorisation holder once this is complete . for an authorisation under regulation no 1829 / 2003 , the commission shall amend the decision of authorisation accordingly , without applying the procedure set out in article 35 of that regulation . the commission shall inform the member states and the authorisation holder accordingly . the commission shall also make public such agreement .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### without prejudice to the possibility provided for a member state to request the adjustment of the geographical scope of a notification / application , there should always be the possibility for a member state to adopt reasoned measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos once authorised in all or part of its territory , on the basis of grounds relating to the public interest , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other legitimate factors such as socio - economic impacts , where those factors have not been addressed as part of the harmonised procedure provided for in part c of directive 2001 / 18 / ec , or to persisting scientific uncertainty . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### without prejudice to paragraph 1 of this article , member states may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of their territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to :


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 192 thereof ,


### the supplier shall refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer . ### the supplier shall refrain from use of personal data which the consumer has provided in exchange for the digital content and any content provided by the consumer , with the exception of content which has been generated jointly by the consumer and others who continue to make use of the content .


### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money i . e . by giving access to personal data or other data . those specific business models apply in different forms in a considerable part of the market . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . a level playing field should be ensured . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore the applicability of the rules of this directive should not depend on whether a price is paid for the specific digital content in question . ### in the digital economy , information about individuals is often and increasingly seen by market participants as having a value comparable to money . digital content is often supplied not in exchange for a price but against counter - performance other than money , i . e . by giving access to personal data . those specific business models apply in different forms in a considerable part of the market and can provide value to consumers by reducing costs and increasing innovation and choice of digital content and services . introducing a differentiation depending on the nature of the counter - performance would discriminate between different business models ; it would provide an unjustified incentive for businesses to move towards offering digital content against data . on the other hand , providing the same rights to consumers when they supply personal data by way of counterperformance other than money might incentivise consumers to opt for the supply of digital content in exchange for the supply of personal data rather than the payment of money . there should therefore be a balance between the rights and remedies provided for . in addition , defects of the performance features of the digital content supplied against counter - performance other than money may have an impact on the economic interests of consumers . therefore , the applicability of the rules of this directive should as far as possible not depend on whether a price is paid for the digital content in question .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council1 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . __________ oj l 304 , 22 . 11 . 2011 , p . 64 . ### this directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council1 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . __________ oj l 304 , 22 . 11 . 2011 , p . 64 .


### upon termination the supplier should also refrain from using the content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it . ### upon termination , the supplier should also refrain from using the content produced by the consumer . however , in those cases where more than one consumer produced particular content , the supplier is entitled to continue to use the content produced by the consumer where those other consumers make use of it .


### upon termination the supplier should also refrain from using the content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it . ### upon termination , the supplier should also refrain from using the content provided by the consumer . however , in cases where more than one consumer has generated particular content , the supplier should be entitled to continue to use the content generated by the consumer where those other consumers make use of it .


### the consumer may terminate the contract only if the lack of conformity with the contract impairs functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security where required by article 6 paragraphs and . the burden of proof that the lack of conformity with the contract does not impair functionality , interoperability and other main performance features of the digital content shall be on the supplier . ### the consumer may terminate the contract only if the lack of conformity with the contract impairs functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security where required by article 6 and . the burden of proving that the lack of conformity with the contract does not impair functionality , interoperability and other main performance features of the digital content shall be on the supplier . in cases where the withdrawal of consent to the processing of personal data in accordance with regulation 2016 / 679 affects access to or the use of the digital content , the consumer shall also be entitled to terminate the contract .


### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ; ### the supplier , on request by the consumer , shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced through the consumer ' s use of the digital content to the extent that data have been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format and to transmit that content to another supplier without hindrance from the initial supplier ;


### the consumer may terminate the contract only if the lack of conformity with the contract impairs functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security where required by article 6 paragraphs and . the burden of proof that the lack of conformity with the contract does not impair functionality , interoperability and other main performance features of the digital content shall be on the supplier . ### without prejudice to other legal grounds for terminating the contract , the consumer may terminate the contract if the lack of conformity with the contract impairs functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security where required by article 6 and . the burden of proof that the lack of conformity with the contract does not impair functionality , interoperability and other main performance features of the digital content shall be on the supplier .


### any lack of conformity which exists at the time the digital content is supplied ; and ### the consumer shall be entitled to a remedy for any lack of conformity with the contract of the digital content where that lack of conformity becomes apparent within two years from the time of supply of the digital content .


### as a second step , the consumer should be entitled to have the price reduced or the contract terminated . the right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non - conformity impairs the main performance features of the digital content . where the consumer terminates the contract , the supplier should reimburse the price paid by the consumer or , where the digital content is supplied not in exchange for a price but against access to data provided by the consumer , the supplier should refrain from using it , from transferring that data to third parties or allowing third parties to access it after termination of the contract . fulfilling the obligation to refrain from using data should mean in the case when the counter - performance consists of personal data , that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person . without prejudice to obligations of a controller under directive 95 / 46 / ec the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content . ### as a second step , if no way has been found to bring the digital content in line with the contract , and if the consumer shows that he has given the supplier all the necessary elements for making the installation of the content compatible with the digital environment or technical specificities , the consumer should be entitled to have the price reduced or the contract terminated . the right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non - conformity impairs the main performance features of the digital content . under those conditions , where the consumer terminates the contract , the supplier shall reimburse the price paid by the consumer or , where the digital content is supplied against access to data provided by the consumer , the supplier shall refrain from using it , from transferring that data to third parties or allowing third parties to access it as soon as the contract is terminated . fulfilling the obligation to refrain from using data means , if the counter - performance consists of personal data , that the supplier absolutely must take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer can no longer be identified by any means likely reasonably to be used either by the supplier or by any other person . without prejudice to obligations of a controller under directive 95 / 46 / ec the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content .


### where the contract provides that the digital content shall be supplied over a period of time , any lack of conformity which occurs during the duration of that period . ### where the contract provides that the digital content is to be supplied over a period of time , any lack of conformity which occurs during that period . the burden of proof shall remain on the supplier throughout that period .


### upon termination the supplier should also refrain from using the content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it . ### upon termination the supplier may not use the content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it .


### many types of digital content are supplied over a period of time . for instance , consumers access cloud services over a period of time . it is therefore important to ensure that the digital content is in conformity with the contract throughout the duration of the contract . moreover , given the frequent improvement of digital content , notably by updates , the version of digital content supplied to the consumer should be the most recent one available at the time of the conclusion of the contract . ### many types of digital content are supplied over a period of time . for instance , consumers access cloud services over a period of time . it is therefore important to ensure that the digital content is in conformity with the contract throughout the duration of the contract .


### financial services , prevention of money laundering and terrorist financing ; ### financial services , prevention of tax evasion , tax avoidance , moneylaundering and terrorist financing , also cyber - terrorism and cyber - crime ;


### the technical , legal and financial arrangements for the application of paragraph 3 shall be agreed among the member states which are directly connected to each other and described in the emergency plans of their respective regions . such arrangements may cover , among others , gas prices to be applied , use of interconnectors , including bi - directional capacity , gas volumes and the coverage of compensation costs . market - based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3 . in case the technical , legal and financial arrangements necessary to apply paragraph 3 are amended , the relevant emergency plan shall be updated accordingly . ### the technical , legal , financial and commercial arrangements for the application of paragraph 3 shall be agreed among the member states which are directly connected to each other and described in the emergency plans of their respective regions . such arrangements may cover , among others , gas prices to be applied at a level reflecting the disruption to the functioning market , use of interconnectors , including bi - directional capacity , gas volumes and the coverage of compensation costs . it should be clear from the guiding principles in the arrangements between the member states that the solidarity mechanism is a mechanism of a last resort and its consequences should not be harmful to involved market parties . market - based measures such as auctions shall be preferred for the implementation of the obligation laid down in paragraph 3 . the above mentioned gas prices and compensation costs and mechanisms should be reviewed regularly . in case the technical , legal and financial arrangements necessary to apply paragraph 3 are amended , the relevant emergency plan shall be updated accordingly .


### ' protected customer ' means a household customer connected to a gas distribution network and , in addition , where the member state concerned so decides , may also mean one or more of the following : ### ' protected customer ' means a household customer , an essential social service or a district heating installation to the extent that it delivers heating to household customers and essential social services , which is connected to a gas distribution network ;


### in a spirit of solidarity , regional cooperation , involving both public authorities and natural gas undertakings , should be the guiding principle of this regulation , to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost - effective measures for union consumers . ### in a spirit of solidarity , regional cooperation which involves both public authorities and natural gas undertakings is the guiding principle of this regulation , with the aim of identifying the relevant risks in each region , optimising the benefits of coordinated measures to mitigate them , while ensuring that the measures are cost - effective for customers . regional cooperation should gradually be complemented with a stronger union perspective , allowing recourse to all available supplies and tools in the entire internal gas market . this could be facilitated by providing in - depth analysis at union level on the relevant emergency supply corridors , based on gas supply sources common for a group of member states .


### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits for security of supply of enabling permanent bi - directional capacity thus need to be seen in a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should therefore be conducted when considering whether to implement bi - directional capacity . the competent authorities should accordingly be required to re - examine the exemptions granted under regulation 994 / 2010 on the basis of the results of the regional risk assessments . ### regulation no 994 / 2010 requires transmission system operators to enable permanent bi - directional capacity on all cross - border interconnections unless an exemption has been granted from this obligation . it aims to ensure that the possible benefits of permanent bi - directional capacity are always taken into account when a new interconnector is planned . however , bi - directional capacity can be used to supply gas both to the neighbouring member state and to others along the gas supply corridor . the benefits to the security of gas supply of enabling permanent bi - directional capacity need to be seen from a broader perspective , in a spirit of solidarity and enhanced cooperation . a cost - benefit analysis that takes account of the whole transportation corridor should be conducted when considering whether to implement bi - directional capacity . the competent authorities should be required to re - examine the exemptions granted under regulation no 994 / 2010 on the basis of the results of regional risk assessments .


### in a spirit of solidarity , regional cooperation , involving both public authorities and natural gas undertakings , should be the guiding principle of this regulation , to identify the relevant risks in each region and optimise the benefits of coordinated measures to mitigate them and to implement the most cost - effective measures for union consumers . ### in a spirit of respect to market economy principles , solidarity , regional cooperation which involves both public authorities and natural gas undertakings is the guiding principle of this regulation , with the aim of identifying the relevant risks in each region , optimising the benefits of coordinated measures to mitigate them , while ensuring that the measures are cost - effective for customers . regional cooperation should gradually be complemented with a stronger union perspective , allowing recourse to all available supplies and tools in the entire internal gas market . this could be facilitated by providing in - depth analysis and forecast at union level on the relevant current and future emergency supply corridors , based on gas supply sources common for a group of member states .


### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should be entitled to deploy a task force to monitor gas flows into the union in crisis situations , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator . ### since gas supplies from third countries are central to the security of the union gas supply , the commission should coordinate action with regard to third countries , work with supplying and transit countries on arrangements to handle crisis situations and ensure a stable gas flow to the union . the commission should monitor gas flows into the union permanently and in crisis situations especially , in consultation with the third countries involved , and , where a crisis arises from difficulties in a third country , to act as mediator and facilitator .


### the competent authorities shall adopt the necessary measures , so that gas not supplied to customers other than households , essential social services and district heating installations in their territory in the situation described in paragraph 2 can be supplied to the member state in the emergency situation described in the same paragraph for the supply to households , essential social services and district heating installations in that member state . ### the competent authorities shall adopt the necessary measures , so that gas not supplied to customers other than protected customers in their territory in the situation described in paragraph 2 can be supplied to the member state in the emergency situation described in the same paragraph .


### natural gas remains an essential component of the energy supply of the union . a large proportion of such gas is imported into the union from third countries . ### natural gas is an essential component of the energy supply of the union . this makes security of gas supply a key element of the union ' s overall energy security , with relevance to the union ' s competitiveness and growth . even though more than 50&#160 ; % of gas consumption in the union and the rest of the european economic area is currently covered by domestic production , a growing proportion of gas is imported from third countries . enhancing the union ' s energy security and making its gas market more resilient thus requires creating a stable , market - based regulatory framework for developing gas production from domestic sources , increasing energy efficiency as well as addressing dependence on dominant external suppliers .