### ' online interface ' means any software , including a website and applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ; ### ' online interface ' means any software , including a website or part of a website and applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ;


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the consumer resides . in that situation the consumer should be able to purchase goods under exactly the same conditions , including as to price and conditions relating to the delivery of the goods , as similar consumers who are residents of the member state of the trader . the trader may offer delivery in his or her general terms and conditions or may offer therein the possibility to collect the goods at a location to be agreed upon in a member state other than the member state where the consumer has his or her place of residence . that may mean that a foreign consumer will have to pick up the good in that member state , or in a member state different from that to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the consumer .


### the first of those situations is where the trader sells goods and there is no cross - border delivery of those goods by or on behalf of the trader to the member state where the customer resides . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state of the trader . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods . ### the first of those situations is where the trader sells goods and the goods are delivered to a member state to which the trader offers delivery in his general conditions of access or are collected at a location agreed upon between the trader and the customer in a member state in which the trader offers such option in his general conditions of access . in that situation the customer should be able to purchase goods , under exactly the same conditions , including price and conditions relating to the delivery of the goods , as similar customers who are residents of the member state in which the goods are delivered or in which the goods are collected . that may mean that a foreign customer will have to pick up the good in that member state , or in a different member state to which the trader delivers or arrange , by their own private means , the cross - border delivery of the goods . in this situation , there is no need to register for value added tax in the member state of the customer , nor arrange for the cross - border delivery of goods .


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions of payment for any sales of goods or provision of services , where : ### a trader shall not , for reasons related to the nationality , place of residence or temporary location of the consumer , the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union , apply different conditions for a payment transaction , where :


### traders shall not apply different general conditions of access to their goods or services , for reasons related to the nationality , place of residence or place of establishment of the customer , in the following situations : ### a trader shall not apply different general conditions of access to his or her goods or services , for reasons related to the nationality , place of residence or temporary location of the consumer , where the consumer seeks to :


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


### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec . as a consequence , the provisions of this regulation should apply inter alia to non - audio - visual electronically supplied services , the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter , subject however to the specific exclusion provided for in article 4 and the subsequent evaluation of that exclusion as provided for in article 9 . audio - visual services , including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses , are excluded from the scope of this regulation . access to retail financial services , including payment services , should therefore also be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments . ### considering that some regulatory and administrative barriers for traders have been removed across the union in certain services sectors as a result of the implementation of directive 2006 / 123 / ec , in terms of material scope , consistency should be ensured between this regulation and directive 2006 / 123 / ec where appropriate . access to retail financial services , including payment services , should therefore be excluded , notwithstanding the provisions of this regulation regarding non - discrimination in payments .


### the payee can request strong customer authentication by the payer pursuant to the directive 2015 / 2366 ; and ### strong customer authentication pursuant to directive 2015 / 2366 is applied ; and


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation shall be without prejudice to union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader complies with this regulation shall not be construed as implying that the trader directs his or her activities to the member state where the consumer has its habitual residence or domicile within the meaning of article 6 of regulation no 593 / 2008 , and of article 17 of regulation 1215 / 2012 . therefore , a trader , in accordance with this regulation , who does not block or limit access to his or her online interfaces for customers from another member state , apply different general conditions of access when selling goods or services in the specific situations laid down in this regulation , or different conditions for payment transactions within the range of payment means he or she accepts , should not , on these grounds alone , be considered as directing his or her activities to the member state in which the consumer has habitual residence or domicile , for the purpose of determining the applicable law and jurisdiction . __________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### ' general conditions of access ' means all terms , conditions and other information , including sale prices , regulating the access of customers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the customer ; ### ' general conditions of access ' means all terms , conditions and other information , including sale prices , requirements based on telephone prefixes , regulating the access of customers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the customer ;


### traders shall not , through the use of technological measures or otherwise , block or limit customers ' access to their online interface for reasons related to the nationality , place of residence or place of establishment of the customer . ### a trader and an online marketplace shall not , through the use of technological measures or otherwise , block or limit consumers ' access to his or her online interface for reasons related to the nationality , place of residence or temporary location of the consumer .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements or on websites , or may form part of pre - contractual or contractual information . such conditions apply in the absence of individually negotiated terms and conditions between the trader and the consumers . terms and conditions that are individually negotiated between the trader and the consumers should not be considered general conditions of access for the purposes of this regulation . however , the possibility of individually negotiating terms and conditions or agreeing individually upon additional rights or obligations should not result in geo - blocking or other unjustified forms of discrimination addressed by this regulation .


### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . _________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax ### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat in the member state where they are established . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . _________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax


### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain customers or to customers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . even when they are not caught by article 101 tfeu , in the context of the application of this regulation , they disrupt the proper functioning of the internal market and they may be used to circumvent the provisions of this regulation . the relevant provisions of such agreements and of other agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices . ### this regulation should not affect the application of the rules on competition , and in particular articles 101 and 102 tfeu . agreements imposing on traders obligations not to engage in passive sales within the meaning of commission regulation no 330 / 201029 to certain consumers or to consumers in certain territories are generally considered restrictive of competition and cannot normally be exempted from the prohibition laid down in article 101 tfeu . the relevant provisions of such agreements in respect of passive sales requiring the trader to act in violation of this regulation should therefore be automatically null and void . however , this regulation , and in particular its provisions on access to goods or services , should not affect agreements restricting active sales within the meaning of regulation no 330 / 2010 . __________________ 29 commission regulation no 330 / 2010 of 20 april 2010 on the application of article 101 of the treaty on the functioning of the european union to categories of vertical agreements and concerted practices .


### assistance and support services consistent with the status and the needs of the person concerned , in particular the vulnerable groups ; ### assistance and support services consistent with the status and the needs of the person concerned , in particular vulnerable persons ;


### the migration crisis highlighted the need to reform the common european asylum system to ensure that efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system . ### the migration crisis highlighted the need to reform the common european asylum system in order to develop legal routes , to ensure efficient asylum procedures to prevent secondary movements , to provide uniform and appropriate reception conditions for applicants for international protection , uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection . at the same time , the reform was needed to put in place a fairer and more effective system of determining member states’ responsibility for applicants for international protection as well as a union framework for member states’ resettlement efforts . therefore , it is appropriate for the fund to provide increased support to member states’ efforts to fully and properly implement the reformed common european asylum system .


### proposal for a regulation of the european parliament and of the council establishing the asylum and migration fund ### proposal for a regulation of the european parliament and of the council establishing the asylum , migration and integration fund


### this regulation establishes the asylum and migration fund . ### this regulation establishes the asylum , migration and integration fund .


### facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival , including for unaccompanied minors and other vulnerable groups in line with international standards ; ### facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival ; alternative forms of care should be provided for unaccompanied children and other vulnerable groups in line with international standards , as well as integrated into existing national child protection systems ;


### enhancing capacities of third countries to improve the protection of persons in need of protection ; ### enhancing capacities of third countries to improve the protection of persons in need of protection , including through supporting the development of child protection mechanisms in third countries , by promoting new initiatives to build stronger child protection systems , ensuring that children are protected in all areas from violence , abuses and neglect ;


### to contribute to the achievement of the policy objective of the fund , member states should ensure that their programmes include actions addressing the specific objectives of this regulation , that the priorities chosen are in line with the implementation measures as set out in annex ii and that the allocation of resources between the objectives ensures that the overall policy objective can be met . ### to contribute to the achievement of the policy objective of the fund , member states should ensure that their programmes contribute to achieving the specific objectives of this regulation and that the priorities chosen are in line with the implementation measures as set out in annex ii . member states should ensure that how resources for the various objectives of the fund are shared is in proportion to the challenges and needs in order to ensure that the objectives can be achieved . to this end , each objective should be assigned a minimum level of resources .


### having regard to the treaty on the functioning of the european union , and in particular article 78 and article 79 and thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 78 , article 79 and , and article 80 thereof ,


### to support legal migration to the member states including to contribute to the integration of third - country nationals ; ### to support legal migration to the member states ;


### third country listed in the work programme under the conditions specified therein ; ### third country referred to in the work programme under the conditions specified therein and on condition that the third country complies with the requirements concerning compliance with fundamental rights as set out in article 3 of this regulation ;


### the complementarity between the actions supported by the fund and support provided by other union funds , in particular those in or in relation to third countries ; ### the complementarity between the actions supported by the fund and support provided by other union funds , in particular those in relation to third countries ;


### the power to adopt delegated acts referred to in articles 13 , 18 , 28 and 31 shall be conferred on the commission until 31 december 2028 . ### the power to adopt delegated acts referred to in articles 4 , 13 , 18 , 28 and 31 shall be conferred on the commission until 31 december 2028 .


### since the objective of this regulation , namely to contribute to an effective management of migration flows in the union , in accordance with the common policy on asylum and international protection and the common immigration policy , cannot be sufficiently achieved by the member states acting alone and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### since the objectives of this regulation , namely to contribute to an effective management of migration flows and to the implementation , strengthening and development of the common policy on asylum , subsidiary protection and temporary protection and of the common immigration policy , cannot be sufficiently achieved by the member states acting alone and can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective .


### the commission and the member states shall ensure that the support provided under this regulation and by the member states is consistent with the relevant activities , policies and priorities of the union and is complementary to other union instruments . ### the commission and the member states shall ensure that the support provided under this regulation and by the member states is consistent with the relevant activities , policies and priorities of the union and is complementary to other union instruments , in particular action taken under other union funds .


### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations . ### the thematic facility shall in particular , support actions falling under the implementation measure 2 of annex ii that are implemented by the local and regional authorities or civil society organisations , actions under implementing measure 1 of annex ii encouraging solidarity and responsibility - sharing efforts between member states , as well as actions under implementing measure 1 of annex ii encouraging resettlement efforts under regulation xxx / xxx . a minimum of 30% of the thematic facility shall be allocated to these three types of actions combined .


### the policy objective of the fund shall be to contribute to an efficient management of migration flows in line with the relevant union acquis and in compliance with the union ' s commitments on fundamental rights . ### the policy objective of the fund shall be to contribute to solidarity and the equitable sharing of responsibilities between member states and to an efficient management of migration flows in line with the relevant union acquis and in compliance with the charter of fundamental rights and the union ' s commitments on fundamental rights .


### whenever a member state decides to implement projects with or in a third country with the support of the fund , the member state concerned shall consult the commission prior to the start of the project . ### whenever a member state decides to implement projects with or in a third country with the support of the fund , the member state concerned shall request the approval of the commission prior to the start of the project . before giving its approval , the commission shall ensure the complementarity and coherence of the planned projects with other eu and member state actions taken vis - à - vis the third country concerned . the commission shall also verify the conformity of the planned projects with the requirements concerning fundamental rights set out in article 3 .


### actions aimed at enhancing awareness of asylum , integration , legal migration and return policies among stakeholders and the general public ; ### actions aimed at enhancing awareness of asylum , integration , legal migration and return policies with specific attention to vulnerable groups , including children , among stakeholders and the general public ;


### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . ### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance , through vocational training in europe which would help returnees re - enter the labour market in their countries of origin . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness .


### the development , monitoring and evaluation of policies and procedures including on collection and exchange of information and data , development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ; ### the development , monitoring and evaluation of policies and procedures including the development , collection , analysis , dissemination of qualitative and quantitative data and statistics on migration and international protection and the development and application of common statistical tools , methods and indicators for measuring progress and assessing policy developments ;


### facilities and services in third countries ensuring appropriate temporary accommodation and reception upon arrival , including for unaccompanied minors and other vulnerable groups in line with international standards ; ### facilities and services ensuring appropriate temporary accommodation and reception upon arrival , including for unaccompanied minors and other vulnerable groups in line with international standards ;


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , in particular when promoting the actions and their results , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding , in particular when promoting the actions and their results , by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public , in the language concerned . to this end , recipients shall ensure that all communications to the media and the public mention explicitly the union ' s financial support and display the union emblem prominently .


### in its conclusions of 19 october 2017 , the european council reaffirmed the need to pursue a comprehensive , pragmatic and resolute approach to migration management that aims to restore control of external borders and reduce irregular arrivals and the number of deaths at sea , and should be based on a flexible and coordinated use of all available union and member state instruments . the european council further called to ensure significantly enhanced returns through actions at both eu and member states level , such as effective readmission agreements and arrangements . ### in its conclusions of 19 october 2017 , the european council reaffirmed the need to pursue a comprehensive , pragmatic and resolute approach to migration management that aims to restore control of external borders and reduce irregular arrivals and the number of deaths at sea , and should be based on a flexible and coordinated use of all available union and member state instruments . the european council further called to ensure significantly enhanced returns through actions at both eu and member states level , such as effective readmission agreements and arrangements . the european council called moreover for voluntary resettlement programmes to be implemented and developed .


### as challenges in the area of migration are constantly evolving , there is a need to adapt the allocation of funding to the changes in migration flows . to respond to pressing needs and changes in policy and union priorities , and to steer funding towards actions with a high level of union added value , part of the funding will be periodically allocated to specific actions , union actions , emergency assistance , resettlement and to provide additional support for member states contributing to solidarity and responsibility efforts via a thematic facility . ### as challenges in the area of migration are constantly evolving , there is a need to adapt the allocation of funding to the changes in migration flows . to respond to pressing needs and changes in policy and union priorities , and to steer funding towards actions with a high level of union added value , part of the funding will be periodically allocated to specific actions , union actions , emergency assistance , resettlement , the support of vulnerable groups including children and to provide additional support for member states contributing to solidarity and responsibility efforts via a thematic facility .


### measures in and in relation to third countries supported through the fund should complement other actions outside the union supported through the union’s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy in respect of the country or region in question and the union international commitments . in relation to the external dimension , the fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the union ' s migration policy . ### the fund should prioritise financing for actions within the union itself . the fund may finance measures in and in relation to third countries supported through the fund insofar as they complement other actions outside the union supported through the union ' s external financing instruments and provided that they do not receive a disproportionate share of the resources available . in particular , in implementing such actions , full coherence and complementarity should be sought with the principles and general objectives of the union’s development aid policy , external action and foreign policy in respect of the country or region in question and the union international commitments . in relation to the external dimension , the fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the union ' s migration policy .


### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . ### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . the principle of best interests of the child must bethe primary consideration in all actions or decisions concerning children in migration , including returns . these efforts should also take full account of the right of the child to express his or her views .


### the importance of a coordinated approach by the union and the member states is reflected in the european agenda on migration of may 2015 , which stressed the need for a consistent and clear common policy to restore confidence in the union’s ability to bring together european and national efforts to address migration and work together in an effective way , in accordance with the principles of solidarity and fair sharing of responsibility , and was confirmed in its mid - term review of september 2017 and the progress report of march and may 2018 . ### the importance of a coordinated approach by the union and the member states is reflected in the european agenda on migration of may 2015 , which stressed the need for a consistent and clear common policy to restore confidence in the union’s ability to bring together european and national efforts to address migration and work together in an effective way , in accordance with the principles of solidarity and fair sharing of responsibility between the member states established in article 80 of the treaty on the functioning of the european union , and was confirmed in its mid - term review of september 2017 and the progress report of march and may 2018 .


### establishing , developing and improving effective alternatives to detention , in particular in relation to unaccompanied minors and families . ### establishing , developing and improving effective alternatives to detention , in particular in relation to unaccompanied children and children with families in compliance with the united nations convention on the rights of the child .


### having regard to the treaty on the functioning of the european union , and in particular article 78 and article 79 and thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 78 , article 79 and and article 80 thereof ,


### the instrument should support the implementation of the hotspot approach as outlined in the commission’s communication on a european agenda on migration and endorsed by the european council of 25 and 26 june 201530 . the hotspot approach provides operational support to member states affected by disproportionate migratory pressure at the union’s external borders . it offers integrated , comprehensive and targeted assistance in a spirit of solidarity and shared responsibility as well as with a view to safeguarding the integrity of the schengen area . _________________ 30 euco 22 / 15 co eur 8 concl 3 . ### the instrument should support the implementation of the hotspot approach as outlined in the commission’s communication on a european agenda on migration and endorsed by the european council of 25 and 26 june 201530 . the hotspot approach provides operational support to member states affected by disproportionate migratory pressure at the union’s external borders . it offers integrated , comprehensive and targeted assistance , allowing the arrival of large numbers of persons at the union ' s external borders to be handled humanely and efficiently , as well as with a view to safeguarding the integrity of the schengen area . _________________ 30 euco 22 / 15 co eur 8 concl 3 .


### the instrument should support measures in the territory of the schengen countries that are linked to border control as part of the development of a common integrated border management system , which strengthens the overall functioning of the schengen area . ### the instrument should support measures linked to border control in the territory of the schengen countries as part of the development of a common integrated border management system , which strengthens the overall functioning of the schengen area .


### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring strong and effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s commitments on fundamental rights , thereby contributing to guaranteeing a high level of security in the union . ### as part of the integrated border management fund , the policy objective of the instrument shall be ensuring effective european integrated border management at the external borders while safeguarding the free movement of persons within it , in full compliance with the union ' s acquis and international obligations of the union and its member states arising from international instruments to which they are signatory .


### it shall consult the european border and coast guard agency on the draft programmes with a specific emphasis on the activities included under operating support in line with article 3 to ensure consistency and complementarity of the actions of the agency and those of the member states regarding border management as well as to avoid double financing and to achieve cost efficiency . ### the commission shall consult the european border and coast guard agency on the draft programmes with a specific emphasis on the activities included under operating support in line with article 3 to ensure consistency and complementarity of the actions of the agency and those of the member states regarding border management as well as to avoid double financing and to achieve cost efficiency .


### to preserve the integrity of the schengen area and to strengthen its functioning , member states have , since 6 april 2017 , been obliged to carry out systematic checks against relevant databases on eu citizens who are crossing the eu’s external borders . furthermore , the commission issued a recommendation to member states to make better use of police checks and cross - border cooperation . ### with the goal of preserving the integrity of the schengen area and to strengthen its functioning , member states have , since 6 april 2017 , been obliged to carry out systematic checks against relevant databases on eu citizens who are crossing the eu’s external borders . furthermore , the commission issued a recommendation to member states to make better use of police checks and cross - border cooperation . however , it has proven necessary in to use targeted checks in place of systematic checks at a number of external border crossing in certain cases .


### within the objectives referred to in article 3 and in line with the implementation measures listed in annex ii , the instrument shall in particular support the actions listed in annex iii . ### within the objectives referred to in article 3 and , where appropriate , in line with the implementation measures listed in annex ii , the instrument shall in particular support the actions listed in annex iii .


### member states authorities should ensure that strategic and operational analytical products of the union agencies in relation to illegal immigration , return , cross - border criminality or international protection and resettlement effectively reach immigration liaison officers in third countries and that the information provided by immigration liaison officers is shared with the relevant union agencies – in particular the european border and coast guard agency , europol and the european union asylum agency within the scope of their respective legal frameworks . ### member states authorities should ensure that strategic and operational analytical products of the union agencies in relation to irregular immigration , return , cross - border criminality or international protection and resettlement effectively reach immigration liaison officers in third countries and that the information provided by immigration liaison officers is shared with the relevant union agencies – in particular the european border and coast guard agency , europol and the european union asylum agency within the scope of their respective legal frameworks .


### ways and means to assist the authorities in third countries in preventing illegal immigration flows originating from or transiting through their territories ; ### ways and means to assist the authorities in third countries in preventing irregular immigration flows originating from or transiting through their territories ;


### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing and combatting illegal immigration and related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of union ' s external borders , as well as supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and union . ### the objective of this regulation is to ensure better coordination and optimise utilisation of the various areas of expertise of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing irregular immigration , combating related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of the union ' s external borders , and supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and the union .


### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in order to respond more effectively to the eu priorities of preventing and combatting illegal immigration and related cross - border criminality such as smuggling of migrants and trafficking in human beings , facilitating return , readmission and reintegration activities , contributing to integrated management of union ' s external borders , as well as supporting management of legal immigration , including in the area of international protection , resettlement and pre - departure integration measures undertaken by member states and union . ### the objective of this regulation is to ensure better coordination and optimise utilisation of liaison officers deployed to third countries by member states , the commission and union agencies in the field of migration , and contribute to better management of migration and mobility in full compliance with humanitarian and human rights obligations in order to respond more effectively to the eu priorities of preventing and combating cross - border criminality , smuggling of migrants and trafficking in human beings , facilitating reintegration activities , contributing to integrated management of the union ' s external borders , as well as supporting management of legal migration , including in the area of international protection , resettlement and integration measures undertaken by member states and the union .


### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , which are to optimise utilisation of migration liaison officers deployed by member states , commission and union agencies to third countries and to set out obligations to enhance cooperation and the exchange of information through the creation of local and regional networks , in order to more effectively implement union priorities in the area of migration , voluntary return and reintegration , contributing to integrated management of the union’s external borders as well as supporting management of legal migration or international protection schemes , in full respect of humanitarian and human rights obligations , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary to achieve those objectives .


### in light of the increasing demand for intelligence and information to support evidence - based policy making and operational responses , there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on third countries . ### in light of the increasing demand for information to support evidence - based policy making and operational responses , there is a need for immigration liaison officers to ensure that their insight and knowledge contribute fully to the establishment of a comprehensive situational picture on third countries .


### the return of third - country nationals who do not fulfil or no longer fulfil the conditions for entry , stay or residence in the member states , in accordance with directive 2008 / 115 / ec of the european parliament and of the council23 , is an essential component of the comprehensive efforts to tackle illegal immigration and represents an important reason of substantial public interest . _________________ 23 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals . ### the return of third - country nationals who do not fulfil or no longer fulfil the conditions for entry , stay or residence in the member states , in accordance with directive 2008 / 115 / ec of the european parliament and of the council23 , is an essential component of the comprehensive efforts to prevent irregular immigration . _________________ 23 directive 2008 / 115 / ec of the european parliament and of the council of 16 december 2008 on common standards and procedures in member states for returning illegally staying third - country nationals , oj l 348 , 24 . 12 . 2008 , p . 98 .


### organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the member states in the third country , when appropriate ; ### organise information sessions and training courses for members of the diplomatic and consular staff of the missions of the member states in the third country , when appropriate , including awareness raising on the protection of persons in vulnerable situations , especially children and unaccompanied minors .


### since the objectives of this regulation , which are to optimise utilisation of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing and combatting illegal immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders , as well as supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , which are to optimise utilisation of the different skills of immigration liaison officers deployed by member states , commission and eu agencies to third countries in order to more effectively implement union priorities regarding preventing irregular immigration , facilitating return , readmission and reintegration , contributing to integrated management of union’s external borders and supporting management of legal immigration or international protection schemes , cannot be sufficiently achieved by the member states alone but are better achieved through coordination at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary to achieve those objectives .


### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 . ### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . the evaluation of directive 91 / 533 / eec conducted under the commission´s regulatory fitness and performance programme , refit41 , confirmed that strengthened enforcement mechanisms could improve the effectiveness of union labour law . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement , which is to ensure that workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use of favourable presumptions where information about the employment relationship is not provided , and / or of a procedure under which the employer may be required to provide the missing information and may be subject to sanction if the employer does not do so . such favourable presumptions could include a presumption that the worker has an open - ended employment relationship , that there is no probationary period or that the worker has a full - time position , where the respective information is missing . that redress should be subject to a procedure by which the employer is notified by the worker or by a third party such as worker´s representatives or other competent entity or authority , that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 .


### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided , or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 . ### the consultation on the european pillar of social rights showed the need to strengthen enforcement of union labour law to ensure its effectiveness . as regards directive 91 / 533 / eec , the refit evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness . it showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions for employers who fail to issue written statements . it also showed that employees rarely seek redress during the employment relationship , which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship . it is therefore necessary to introduce enforcement provisions which ensure the use of favourable presumptions where information about the employment relationship is not provided , and of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not . that redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information . __________________ 41 swd205 final , page 26 .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper or electronically , at the start of employment . the essential information should reach them at the latest on the first day of the employment .


### the information referred to in paragraph 1 and 2 may , where appropriate , be given in the form of a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points . ### deleted


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in article 3 shall be provided individually to the worker in the form of one or more documents at the latest within one calendar week from the first working day . the other information referred to in article 3 shall be provided individually to the worker in the form of a document within one month from the first working day .


### member states shall ensure that the information on the laws , regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear , transparent , comprehensive and easily accessible way at a distance and by electronic means , including through existing online portals for union citizens and businesses . ### member states shall ensure that the information on the laws , regulations and administrative or statutory provisions or generally binding collective agreements which have been declared universally applicable governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in an easily accessible way at a distance and by electronic means , including through existing online portals for union citizens and businesses .


### the worker shall benefit from favourable presumptions defined by the member state . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period or that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; or ### the worker shall benefit from favourable presumptions , which the member state has the obligation to define . where the information provided did not include the information referred to in points , , or of article 3 , the favourable presumptions reported by the worker shall apply as agreed and shall include a presumption that the worker has an open - ended employment relationship , that there is no probationary period and that the worker has a full - time position , respectively . employers shall have the possibility to rebut the presumptions ; and


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper or electronically , at the start of employment . the basic relevant information should therefore reach them in writing at the latest within three working days of the start of employment , but on the first day of the employment relationship this same information shall be provided orally . it should be possible to extend the three - day deadline for providing the basic information to a maximum of one week in exceptional circumstances , such as in the case of abnormal functioning of the human resources services of the company . the remainder of the information should be provided within a reasonable period thereafter , but in any event within 15 days of the start of employment .


### the information referred to in paragraph 1 shall include : ### the information referred to in paragraph 1 shall include as a minimum :


### whether the composition of the novel food and the conditions of its use do not pose a safety risk to human health in the union . ### whether the composition of the novel food and the conditions of its use do not pose a safety risk to human health in the union and where applicable to the environment .


### scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; ### scientific evidence demonstrating that the novel food does not pose a safety risk to human health and where applicable to the environment ;


### the name and description of the novel food ; ### the name and description of the novel food and an explanation of the intended use ;


### its use does not mislead the consumer ; ### its intended use , presentation and labelling do not mislead the consumer , especially when there is a significant change in the nutritional value of a food intended to replace another food ;


### this directive provides for the right to provisional legal aid for children deprived of liberty and to legal aid for children that are requested in european arrest warrant proceedings . ### this directive provides for the right to provisional legal aid ipso facto for vulnerable groups , the right to legal aid for persons that are requested in european arrest warrant proceedings and the right to ordinary legal aid .


### the administrative director may be removed from the office only upon a decision of the college acting on a proposal from the commission . ### the administrative director may be removed from the office only upon a decision of the college .


### eurojust shall treat any request for support emanating from the european public prosecutor’s office without undue delay , and shall deal with such requests , where appropriate , as if they had been received from a national authority competent for judicial cooperation . ### eurojust shall treat any request for support emanating from the european public prosecutor’s office without undue delay , and shall deal with such requests as if they had been received from a national authority competent for judicial cooperation .


### the college shall be composed of : all the national members when the college exercises its operational functions under article 4 ; all the national members and two representatives of the commission when the college exercises its management functions under article 14 . ### the college shall be composed of all the national members .


### at the request either of a member state ' s competent authority or of the commission , eurojust may assist investigations and prosecutions affecting only that member state and the union . ### at the request either of a member state ' s competent authority , of the european public prosecutor’s office or of the commission , eurojust may assist investigations and prosecutions affecting only that member state and the union .


### on request of a competent authority eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for , and decisions on , judicial cooperation , including those based on instruments giving effect to the principle of mutual recognition , provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned . the opinion shall be promptly forwarded to the member states concerned . ### on request of a competent authority or on its own initiative , eurojust shall take a decision on recurrent refusals or difficulties concerning the execution of requests for , and decisions on , judicial cooperation , including those based on instruments giving effect to the principle of mutual recognition , provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned . the decision shall be promptly forwarded to the member states concerned .


### eurojust shall exercise its tasks at the request of the competent authorities of the member states or on its own initiative . ### eurojust shall exercise its tasks at the request of the competent authorities of the member states or of the european public prosecutor’s office or on its own initiative .


### where two or more member states cannot agree on which of them should undertake an investigation or prosecution following a request made under point of paragraph 2 , eurojust shall issue a written opinion on the case . the opinion shall be promptly forwarded to the member states concerned . ### where two or more member states cannot agree on which of them should undertake an investigation or prosecution following a request made under point of paragraph 2 , eurojust shall take a decision on the case . the decision shall be promptly forwarded to the member states concerned .


### by [ 30 november each year ] the college shall adopt a programming document containing multi - annual and annual programming , based on a draft put forward by the administrative director , taking into account the opinion of the commission . it shall forward it to the european parliament , the council and the commission . the programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly . ### by [ 30 november each year ] the college shall adopt a programming document containing multi - annual and annual programming , based on a draft put forward by the administrative director , after requesting the opinion of the commission . it shall forward it to the european parliament , the council and the commission . the programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly .


### eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more member states , or requiring a prosecution on common bases , on the basis of operations conducted and information supplied by the member states ' authorities and by europol . ### eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more member states , or requiring a prosecution on common bases , on the basis of operations conducted and information supplied by the member states ' authorities , by the european public prosecutor ' s office and by europol .


### inform the competent authorities of the member states of investigations and prosecutions of which it has been informed and which have repercussions at union level or which might affect member states other than those directly concerned ; ### inform the competent authorities of the member states and the european public prosecutor ' s office of investigations and prosecutions of which it has been informed and which have repercussions at union level or which might affect member states other than those directly concerned ;


### repeal ### repeals and amendments


### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . ### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated and detailed information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . those groups of organisers should report on all of their sources of funding and the commission should make those sources clearly apparent on the register . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . in order to enhance the transparency of financing of eci activities and the visibility of the eci as a tool for the engagement of citizens , this regulation should be endowed with its own financial programme .


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the european parliament should organise the public hearing within three months from the submission of the initiative to the commission . the european parliament should ensure a balanced representation of the interests of relevant stakeholders , including civil society , social partners , and experts , as well as the representation at an appropriate level of the commission and the council . other institutions and advisory bodies of the union , in particular the european economic and social committee and the committee of the regions , as well as interested stakeholders should have the opportunity to participate in the hearing . the european parliament should endeavour to foster an appropriate level of debate on successful initiatives by holding a plenary debate after the public hearing , and by taking a decision on the possibility to vote on a motion for a resolution .


### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the european citizens’ initiative . ### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the european citizens’ initiative , including information about organisations that are able to provide further technical and legal support as well as about other forms of support available in the member states .


### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . ### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated and detailed information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . those groups of organisers should report every trimester on all their sources of funding and the commission should make those sources clearly apparent on the register . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . in order to enhance the transparency of financing of eci activities and the visibility of the eci as a tool for the engagement of citizens , this regulation should be endowed with its own financial programme . such a financial programme should contribute to the funding of the entities and organisations promoting the eci and / or provide free technical or legal support to ecis’ organisers . it should also fund eligible expenditure directly incurred in relation to the organisation of ecis .


### the commission may carry out its own verification of the quality of the data reported pursuant to articles 4 and 5 . ### the commission shall carry out its own verification of the quality of the data reported pursuant to articles 4 and 5 .


### the common eu list of safe countries of origin established by regulation no xxx / xxx 9 should be regularly reviewed by the commission . having regard to the agency ' s expertise , it should assist the commission in reviewing that list . the agency should also , at the request of the commission , provide it with information on specific third countries which could be included in the common eu list of safe countries of origin , and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country , first country of asylum or european safe third country by member states apply . __________________ 9 oj l [ … ] ### the common eu list of safe countries of origin established by regulation no xxx / xxx 9 should be regularly reviewed by the commission , in cooperation with the eeas . having regard to the agency ' s expertise , it should assist the commission in reviewing that list . the agency should also , at the request of the commission , provide it with information on specific third countries which could be included in the common eu list of safe countries of origin , and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country , first country of asylum or european safe third country by member states apply . those countries with which the eu has concluded , or is in the process of concluding a ' migration compact ' under the partnership framework with third countries under the european agenda for migration , will not be automatically considered as safe , but will be assessed following the procedure set out herein . __________________ 9 oj l [ &#8230 ; ]


### the ceas is based on common minimum standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress on the ceas , there are still significant disparities between the member states in the granting of international protection and in the form that such international protection takes . those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of union law across the union . ### the ceas is based on common minimum standards for asylum procedures , recognition and protection offered at union level , reception conditions and a system for determining the member state responsible for asylum seekers . notwithstanding progress on the ceas , there are still significant disparities between the member states in the granting of international protection and in the form that such international protection takes . those disparities should be addressed by ensuring greater convergence in the assessment of applications for international protection and by guaranteeing a high and uniform level of application of union and international law across the union .


### make use of all relevant sources of information , including its information analysis on the situation of asylum and other information gathered from governmental , non - governmental and international organisations , including through the networks referred to in article 9 , as well as union institutions , agencies , bodies , offices and the european external action service ; ### make use of all relevant sources of information , including its information analysis on the situation of asylum and other information gathered from governmental , non - governmental and international organisations , including through the networks referred to in article 9 , as well as union institutions , agencies , bodies , offices and the european external action service and its delegations ;


### for the purpose of fulfilling its mission , and to the extent required for the accomplishment of its tasks , the european union agency for asylum should cooperate with union bodies , agencies and offices , in particular with the european agency for the management of operational cooperation at the external borders of the member states of the european union and the european union agency for fundamental rights , in matters covered by this regulation in the framework of working arrangements concluded in accordance with union law and policy . those working arrangements should receive the commission ' s prior approval . ### for the purpose of fulfilling its mission , and to the extent required for the accomplishment of its tasks , the european union agency for asylum should cooperate with union bodies , agencies and offices , in particular with the european agency for the management of operational cooperation at the external borders of the member states of the european union , the european migration liaison officers and the field offices proposed under the migration partnership framework and the european union agency for fundamental rights , in matters covered by this regulation in the framework of working arrangements concluded in accordance with union law and policy and international law . those working arrangements should receive the commission ' s prior approval .


### the european union agency for asylum should work in close cooperation with member states ' asylum authorities , with national immigration and asylum services and other services , drawing on the capacity and expertise of those services , and with the commission . member states should cooperate with the agency to ensure that it is able to fulfil its mandate . it is important that the agency and the member states act in good faith and have a timely and accurate exchange of information . any provision of statistical data should respect the technical and methodological specifications of regulation no 862 / 2007 . 8 __________________ 8 regulation no 862 / 2007 of the european parliament and of the council of 11 july 2007 on community statistics on migration and international protection and repealing council regulation no 311 / 76 on the compilation of statistics on foreign workers . ### the european union agency for asylum should work in close cooperation with member states ' asylum authorities , with national immigration and asylum services and other services , drawing on the capacity and expertise of those services , and with the commission , eeas and its delegations in countries of origin and transit . member states should cooperate with the agency to ensure that it is able to fulfil its mandate . it is important that the agency and the member states act in good faith and have a timely and accurate exchange of information . any provision of statistical data should respect the technical and methodological specifications of regulation no 862 / 2007 . 8 __________________ 8 regulation no 862 / 2007 of the european parliament and of the council of 11 july 2007 on community statistics on migration and international protection and repealing council regulation no 311 / 76 on the compilation of statistics on foreign workers .


### having regard to structural weaknesses of the ceas brought to the fore by large - scale and uncontrolled arrival of migrants and asylum seekers to the union and the need for an efficient , high and uniform level of the application of union asylum law in member states , it is necessary to improve the implementation and functioning of the ceas by building on the work of the european asylum support office and further develop it into a fully - fledged agency which should be responsible for facilitating and improving the functioning of the ceas , for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the union , and for monitoring the operational and technical application of union law . ### having regard to structural weaknesses of the ceas brought to the fore by large - scale and uncontrolled arrival of migrants and asylum seekers to the union and the need for an efficient , high and uniform level of the application of union and international asylum law in member states , it is necessary to improve the implementation and functioning of the ceas by building on the work of the european asylum support office and further develop it into a fully - fledged agency which should be responsible for facilitating and improving the functioning of the ceas , for enabling a sustainable and fair distribution of applications for international protection for ensuring convergence in the assessment of applications for international protection across the union , and for monitoring the operational and technical application of union and international law .


### the european union agency for asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the european union . it is necessary for the agency to gather information and draw up reports providing for country of origin information by making use of european networks on country of origin information so as to avoid duplication and create synergies with national reports . furthermore , to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted , the agency should , together with member states , engage in and develop a common analysis providing guidance on the situation in specific countries of origin . ### the european union agency for asylum should ensure a more structured and streamlined production of information on countries of origin and transit at the level of the european union . it is necessary for the agency to gather information and draw up reports providing for country of origin and transit information by making use of european networks on country of origin information so as to avoid duplication and create synergies with national reports . furthermore , to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted , the agency should , together with member states , engage in and develop a common analysis providing guidance on the situation in specific countries of origin .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . this should be done in accordance with article 25 of regulation 2016 / 679 . to display the traffic movements in certain directions during a certain period of time , an identifier may be necessary to link the positions of individuals at certain time intervals . when processing electronic communications metadata , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure .


### the protection of information related to the terminal equipment of end - users located in the union . ### the protection of information related to the terminal equipment of end - users in the union .


### electronic communications data shall be confidential . any interference with electronic communications data , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or processing of electronic communications data , by persons other than the end - users , shall be prohibited , except when permitted by this regulation . ### electronic communications data shall be confidential . any interference with electronic communications data , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or processing of electronic communications data , by persons other than the end - users , shall be prohibited , except when permitted by this regulation . the provisions of regulation 2016 / 679 shall apply unless this regulation stipulates special provisions .


### software placed on the market permitting electronic communications , including the retrieval and presentation of information on the internet , shall offer the option to prevent third parties from storing information on the terminal equipment of an end - user or processing information already stored on that equipment . ### software permitting electronic communications , including the retrieval and presentation of information on the internet , shall offer the option to prevent third parties from storing information on the terminal equipment of an end - user or processing information already stored on that equipment .


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ‘ direct marketing communications’ means any form of commercial communication , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ;