### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . however , this does not necessarily require a notification to the content provider . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider . ### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of terrorist content’ means making terrorist content available to the public on the hosting service providers’ services ;


### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools . ### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including a meaningful explanation of the functioning of proactive measures in particular on&#160 ; the use of automated tools .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored directly available to the public . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services , excluding cloud it infrastructure service providers , to the extent they make the information directly available to the public . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should freely designate a single competent authority with that task , unless their constitutional arrangements prevent a single authority from being responsible . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and the competent authority should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . the right to such expression can be invoked before the court of the member state where the hosting service provider has its main establishment or where the legal representative designated by the hosting service provider pursuant to this regulation resides or is established . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .


### safeguards shall consist , in particular , of human oversight and verifications where appropriate and , in any event , where a detailed assessment of the relevant context is required in order to determine whether or not the content is to be considered terrorist content . ### safeguards shall consist , in particular , of human oversight and verifications of the appropriateness of the decision to remove or deny access to content , in particular with regard to the right to freedom of expression and information . human oversight shall be required where a detailed assessment of the relevant context is required in order to determine whether or not the content is to be considered terrorist content .


### the competent authority referred to in article 4 may authorise breed societies and breeding operations to outsource the technical management of their breeding book or breed register and other specific aspects of their breeding programme to a third party , provided that : ### breed societies and breeding operations may outsource the technical management of their breeding book or zootechnical register and other specific aspects of their breeding programme to a third party , provided that :


### projects duplicating already existing private or public offers of similar characteristics , including quality , in the same area shall not be covered . ### projects duplicating or overlapping already existing private or public offers of similar characteristics , including quality , in the same area shall not be covered . the local wireless access points funded under this regulation shall cover primarily public spaces .


### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on very high - speed broadband services , financial assistance should seek to attain a geographically balanced distribution . ### given internet connectivity needs within the union and the urgency of promoting access networks that can deliver , throughout the eu , an internet experience of high quality based on high - speed broadband services , in support of the objectives of the european gigabit society , financial assistance should seek to attain a geographically balanced distribution , promoting the principle of universal access for citizens to the benefits of the information society .


### ‘ regulated data’ means input data that is contributed directly from a trading venue as defined in point of paragraph 1 of article 2 of [ mifir ] or approved publication arrangement as defined in point of paragraph 1 of article 2 of [ mifir ] or an approved reporting arrangement as defined in point of paragraph 1 of article 2 of [ mifir ] in accordance with mandatory post trade data requirements or an electricity exchange as referred to in point of paragraph 1 of article 37 of directive 2009 / 72 / ec19 or a natural gas exchange as referred to in point of paragraph 1 of article 41 of directive 2009 / 73 / ec20 or an auction platform referred to in article 26 or in article 30 of regulation no 1031 / 2010 of the european parliament and of the council ; __________________ 19 oj l 211 , 14 . 8 . 2009 , p . 55 . 20 oj l 9 , 14 . 8 . 2009 , p . 112 . ### ‘ regulated data’ means the following : input data contributed entirely and directly from : a trading venue as defined in point of paragraph 1 of article 4 of directive 2014 / 65 / eu ; or an approved publication arrangement as defined in point of paragraph 1 of article 4 of directive 2014 / 65 / eu or a consolidated tape provider as defined in point of paragraph 1 of article 4 of directive 2014 / 65 / eu , in accordance with mandatory post - trade transparency requirements , but only with reference to data of transactions concerning financial instruments that are traded on a trading venue ; or an approved reporting mechanism as defined in point of paragraph 1 of article 4 of directive 2014 / 65 / eu , but only with reference to data of transactions concerning financial instruments that are traded on a trading venue and that must be disclosed in accordance with mandatory post - trade transparency requirements ; or an electricity exchange as referred to in point of paragraph 1 of article 37 of directive 2009 / 72 / ec ; or a natural gas exchange as referred to in point of paragraph 1 of article 41 of directive 2009 / 73 / ec1 or an auction platform referred to in article 26 or in article 30 of regulation no 1031 / 2010 of the european parliament and of the council ; net asset values of the units of undertakings for collective investment in transferable securities as defined in article 1 of directive 2009 / 65 / eu __________________ 19 oj l 211 , 14 . 8 . 2009 , p . 55 . 20 oj l 9 , 14 . 8 . 2009 , p . 112 .


### ‘ regulated data’ means input data that is contributed directly from a trading venue as defined in point of paragraph 1 of article 2 of [ mifir ] or approved publication arrangement as defined in point of paragraph 1 of article 2 of [ mifir ] or an approved reporting arrangement as defined in point of paragraph 1 of article 2 of [ mifir ] in accordance with mandatory post trade data requirements or an electricity exchange as referred to in point of paragraph 1 of article 37 of directive 2009 / 72 / ec19 or a natural gas exchange as referred to in point of paragraph 1 of article 41 of directive 2009 / 73 / ec20 or an auction platform referred to in article 26 or in article 30 of regulation no 1031 / 2010 of the european parliament and of the council ; __________________ 19 oj l 211 , 14 . 8 . 2009 , p . 55 . 20 oj l 9 , 14 . 8 . 2009 , p . 112 . ### ‘ regulated data’ means the following : input data contributed entirely from : a trading venue as defined in point of paragraph 1 of article&#160 ; 4 of directive 2014 / 65 / eu ; or b ) an approved publication arrangement as defined in point of paragraph 1 of article 4 of directive 2014 / 65 / eu or a consolidated tape provider as defined in point of paragraph 1 of article 4 of directive 2014 / 65 / eu , in accordance with mandatory post - trade transparency requirements , but only with reference to data of transactions concerning financial instruments that are traded on a trading venue ; or c ) an approved reporting mechanism as defined in point of paragraph 1 of article 4 of directive 2014 / 65 / eu , but only with reference to data of transactions concerning financial instruments that are traded on a trading venue and that must be disclosed in accordance with mandatory post trade transparency requirements ; or d ) a third country trading venue , publication arrangement or reporting mechanism equivalent to those specified in this article including transactional data aggregators and transactional data collectors of statutorily required regulatory data ; e ) an electricity exchange as referred to in point of paragraph 1 of article 37 of directive 2009 / 72 / ec19 ; or f ) a natural gas exchange as referred to in point of paragraph 1 of article 41 of directive 2009 / 73 / ec1 ; 20 or g ) an auction platform referred to in article 26 or in article 30 of regulation no 1031 / 2010 of the european parliament and of the council ; h ) data as defined in article 8 of regulation no 1227 / 2011 and further elaborated by the european commission in implementing regulation no 1348 / 2014 ; net asset values of the units of undertakings for collective investments in transferable securities as defined in article 1 of directive 2009 / 65 / eu ; __________________ 19 oj l 211 , 14 . 8 . 2009 , p . 55 . 20 oj l 9 , 14 . 8 . 2009 , p . 112 .


### the administrator shall adopt a code of conduct for each benchmark clearly specifying the administrator ' s and contributors ' responsibilities and obligations with respect to the provision of the benchmark which shall include a clear description of the input data to be provided , and at least the elements set out in section d of annex i . ### where a benchmark is based on input data from ccontributors , the administrator shall draw up a code of conduct for each benchmark clearly specifying the contributors ' responsibilities with respect to the contribution of input data and shall ensure submitters confirm on an annual basis their compliance with the code of conduct as well as in the event of anychanges to it .


### ‘ user of a benchmark’ means any person who issues or owns a financial instrument or is party to a financial contract which references a benchmark ; ### ‘ use of a benchmark’ means : the issuance of a financial instrument which references an index or combination of indices while holding positions in that instrument ; b ) the determination of the amount payable under a financial instrument or a financial contract by referencing an index or a combination of indices ; c ) being party to a financial contract which references an index or a combination of indices ; d ) the determination of the performance of an investment fund through an index or combination of indices with the purpose of tracking the return of such index or combination of indices or of defining the asset allocation of a portfolio or of computing the performance fees .


### this regulation shall apply to the provision of benchmarks , the contribution of input data to a benchmark and the use of a benchmark within the union . ### this regulation shall apply to the provision of financial benchmarks , the contribution of input data to a financial benchmark and the use of a financial&#160 ; benchmark within the union .


### the code of conduct shall be signed by the administrator and the contributors and shall be legally binding on all parties to it . ### the code of conduct shall include at least the following elements : a clear description of the input data to be provided and the requirements necessary to ensure that the input data to be provided in accordance with articles 7 and 8 ; b ) a list of legal persons who may contribute input data to the administrator including procedures to evaluate the identity of a contributor and any submitters ; c ) policies to ensure contributors provide all relevant input data ; and d ) the systems and controls that the contributor is required to establish including : - procedures for submitting input data including requirements for the contributor to specify whether the input data is transaction data and whether the input data conforms with the administrator ' s requirements ; - policies on the use of discretion in providing input data ; - any requirement for the validation of input data before it is provided to the administrator ; - record keeping policies ; - suspicious input data reporting requirements ; - conflict management requirements .


### the administrator shall adopt a code of conduct for each benchmark clearly specifying the administrator ' s and contributors ' responsibilities and obligations with respect to the provision of the benchmark which shall include a clear description of the input data to be provided , and at least the elements set out in section d of annex i . ### where a benchmark is based on input data from contributors , the administrator shall&#160 ; draw up&#160 ; a code of conduct for each benchmark clearly specifying the contributors ' responsibilities with respect to the contribution of input data and shall ensure contributors confirm whenever there is a material change in the code of conduct , that they continue to be compliant .


### ‘ critical benchmark’ means a benchmark , the majority of contributors to which are supervised entities and that reference financial instruments having a notional value of at least 500 billion euro ; ### ‘ critical benchmark’ means a benchmark , other than a benchmark calculated using regulated data within the meaning of subpoint of point 11 of this paragraph , the majority of contributors to which are supervised entities and fulfil the criticality criteria set out in article 13 ;


### the use of a benchmark shall be permitted by the relevant competent authority of the member state where the administrator is located until such time as the benchmark references financial instruments and financial contracts worth no more than 5% by value of the financial instruments and financial contracts that referenced this benchmark at the time of entry into force of this regulation . no financial instruments or financial contracts shall reference such an existing benchmark after the entry into application of this regulation . ### unless the commission has adopted an equivalence decision as referred to in paragraph 2 or paragraph 2a of article 20 , supervised entities in the union shall only use a benchmark provided by an administrator located in a third country , in existing and new financial contracts or instruments for 5 years from the date of application of this regulation .


### the use of a benchmark shall be permitted by the relevant competent authority of the member state where the administrator is located until such time as the benchmark references financial instruments and financial contracts worth no more than 5% by value of the financial instruments and financial contracts that referenced this benchmark at the time of entry into force of this regulation . no financial instruments or financial contracts shall reference such an existing benchmark after the entry into application of this regulation . ### unless the commission has adopted an equivalence decision as referred to in paragraph 2 or paragraph 2a of article 20 , supervised entities in the union shall only use a benchmark provided by an administrator located in a third country , where it is used as a reference in existing financial instruments and financial contracts , at the time of entry into force of this regulation . no new financial instruments or financial contracts in the union shall reference such benchmark after the entry into application of this regulation .


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


### ' work or other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio form such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work or other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , online or offline , including in audio form such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ;


### an authorised entity established in a member state carrying out the acts referred to in articles 3 and 4 shall provide the following information , on request , to any beneficiary person or right holder : ### an authorised entity established in a member state carrying out the acts referred to in articles 3 and 4 shall provide the following accessible information , on request , to any beneficiary person or right holder :


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


### a person who has a perceptual or reading disability , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or ### a person who has a perceptual or reading disability , including dyslexia , also due to a learning disability , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or


### it publishes and updates , on its website if appropriate , information on the manner in which it complies with the obligations laid down in points to . ### it publishes and updates , on its website if appropriate , or through other online or offline channels , information on the manner in which it complies with the obligations laid down in points to .


### in accordance with the principle of subsidiarity , member states should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ‘ pillars’ of the retirement system in individual member states . in the context of the second pillar , they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question . ### in accordance with the principle of subsidiarity , member states are to retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ‘ pillars’ of the retirement system in individual member states . in the context of the second pillar , they also are required to retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question .


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### their qualifications , knowledge and experience are collectively adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### their qualifications , knowledge and experience are collectively adequate in relation to the activities performed for the institution ; and


### unless national social and labour law on the organisation of pension systems provides otherwise , the transfer and its conditions shall be made subject to prior approval by the members and beneficiaries concerned or , where applicable , their representatives . in any event , information on the conditions of the transfer shall be made available to the members and beneficiaries concerned or , where applicable , their representatives at least four months before the application referred to in paragraph 2 is submitted . ### where national law does not already make provision for protection of members’ interests on transfers such as the amounts being actuarially determined , the transfer and its conditions shall be made subject to prior approval by the members and beneficiaries concerned or , where applicable , their representatives . in any event , information on the conditions of the transfer shall be made available to the members and beneficiaries concerned or , where applicable , their representatives at least four months before the application referred to in paragraph 2 is submitted .


### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting transport infrastructure on the ten - t network in order to adapt it to military mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure . ### under the specific objective referred to in article 3 : actions , or specific activities within an action , supporting new and existing transport infrastructure on the ten - t network in order to adapt it to dual use mobility requirements with the purpose of enabling a civilian - military dual - use of the infrastructure . by 31 december 2019 , the commission shall adopt delegated acts in accordance with article 24 of this regulation in order to further specify the military requirements , the list of priority projects and the assessments procedure regarding the eligibility of the actions connected with military mobility , while ensuring a balanced geographical distribution across all of the union , especially the north - south and west - east axes .


### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or alternative fuels . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions . ### an important objective of this programme is to deliver increased synergies and complementarities between the transport , energy and digital sectors , bearing in mind the rapid development of new technologies in these areas . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility , including the necessary digital infrastructure or alternative fuels . in addition , the programme should allow , within each sector mentioned above , the possibility of considering eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between the above - mentioned sectors should be incentivized through the award criteria for the selection of actions and complementarities with other union instruments should also be pursued .


### actions implementing the core network in accordance with chapter iii of regulation no 1315 / 2013 , including actions relating to urban nodes , maritime ports , inland ports and rail - road terminals of the core network as defined at annex ii to regulation no 1315 / 2013 . actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in article 19 of this regulation ; ### actions implementing the core network in accordance with chapter iii of regulation no 1315 / 2013 , including actions relating to urban nodes , maritime ports , airports , inland ports and rail - road terminals of the core network as defined at annex ii to regulation no 1315 / 2013 . actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in article 19 of this regulation ;


### to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart , sustainable , inclusive , safe and secure mobility ; ### to contribute to the development of projects of common socio - economic , as well as cross border interest relating to efficient , interconnected and multimodal networks and infrastructure , and the connection of rural areas to ten - t core networks , where appropriate , to create safe and secure mobility and a single , smart , sustainable and inclusive european transport area , including as regards persons with disabilities ;


### in order to achieve the objectives laid down in the ten - t guidelines , it is necessary to support with priority the cross - border links and the missing links and to ensure , where applicable , that the supported actions are consistent with the corridor work plans established pursuant to article 47 of regulation no 1315 / 2013 and to the overall network development regarding performance and interoperability . ### in order to achieve the objectives laid down in the ten - t guidelines , it is necessary to support with priority the cross - border links , the missing links , transport bottlenecks and urban nodes and to ensure , where applicable , that the supported actions are consistent with the corridor work plans established pursuant to article 47 of regulation no 1315 / 2013 and to the overall network development regarding performance and interoperability .


### for works relating to the specific objectives referred to in article 3 , the amount of union financial assistance shall not exceed 30 % of the total eligible cost . the co - financing rates may be increased to a maximum of 50 % for actions relating to cross - border links under the conditions specified in point of this paragraph , for actions supporting telematic applications systems , for actions supporting new technologies and innovation , for actions supporting improvements of infrastructure safety in line with relevant union legislation and for actions located in outermost regions ; ### for works relating to the specific objectives referred to in article 3 , the amount of union financial assistance shall not exceed 30 % of the total eligible cost . the co - financing rates may be increased to a maximum of 50 % for actions relating to cross - border links under the conditions specified in point of this paragraph , for actions supporting telematic applications systems , for actions supporting new technologies and innovation , for actions supporting improvements of infrastructure safety in line with relevant union legislation , for actions located in outermost regions and for actions promoting inland waterway - related projects ;


### as regards the amounts transferred from the cohesion fund , 30% of these amounts shall be made available immediately to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation , with priority to cross - border and missing links . until 31 december 2023 , the selection of projects eligible for financing shall respect the national allocations under the cohesion fund with regard to 70% of the resources transferred . as of 1 january 2024 , resources transferred to the programme which have not been committed to a transport infrastructure project shall be made available to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation . ### as regards the amounts transferred from the cohesion fund , 50% of these amounts shall be made available immediately to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation , with priority to cross - border and missing links . until 31 december 2023 , the selection of projects eligible for financing shall respect the national allocations under the cohesion fund with regard to 50% of the resources transferred . as of 1 january 2024 , resources transferred to the programme which have not been committed to a transport infrastructure project shall be made available to all member states eligible for funding from the cohesion fund to finance transport infrastructure projects in accordance with this regulation .


### for works relating to the specific objectives referred to in article 3 , the amount of union financial assistance shall not exceed 30 % of the total eligible cost . the co - financing rates may be increased to a maximum of 50 % for actions relating to cross - border links under the conditions specified in point of this paragraph , for actions supporting telematic applications systems , for actions supporting new technologies and innovation , for actions supporting improvements of infrastructure safety in line with relevant union legislation and for actions located in outermost regions ; ### for works relating to the specific objectives referred to in article 3 , the amount of union financial assistance shall not exceed 30 % of the total eligible cost . the co - financing rates may be increased to a maximum of 65 % for actions relating to cross - border links under the conditions specified in point of this paragraph , for actions supporting telematic applications systems , for actions supporting new technologies and innovation , for actions supporting improvements of infrastructure safety in line with relevant union legislation and for actions located in rural areas and outermost regions ;


### actions implementing cross - border links of the comprehensive network in accordance with chapter ii of regulation no 1315 / 2013 , notably the sections listed in part iii of the annex to this regulation ; ### actions encouraging and implementing cross - border links of the comprehensive network in accordance with chapter ii of regulation no 1315 / 2013 , notably the sections listed in part iii of the annex to this regulation , and sections addressing cross - border transport bottlenecks ;


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states , the commission , the forum established in article 10 , and , in accordance with article 12 of directive 2016 / xxx on the reduction of national emissions of certain atmospheric pollutants and amending directive 2003 / 35 / ec , the european clean air forum . the member state concerned shall make a summary of the results accessible to the public , which shall include in particular the number of type - approvals granted or rejected , the subject of the type - approval certificate , and the identity of the corresponding manufacturers .


### the commission shall establish and chair a forum for exchange of information on enforcement . ### the commission shall establish and chair a forum for enforcement .


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public .


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . the summary shall include a list of those vehicles , systems , components or separate technical units that are found not to be in compliance with the requirements of this regulation , if any , the identity of the corresponding manufacturers , and a short description of the nature of the non - compliance .


### type - approvals for vehicles , systems , components and separate technical units shall be issued for a limited period of 5 years without the possibility of prolongation . the expiry date shall be indicated in the type - approval certificate . after the expiry of the type - approval certificate , it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle , system , component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles , systems , components and separate technical units of that type . ### type - approvals for vehicles , systems , components and separate technical units shall be issued for a limited period of 4 years without the possibility of prolongation . the expiry date shall be indicated in the type - approval certificate . after the expiry of the type - approval certificate , it may be renewed upon application by the manufacturer and only where the approval authority has verified that the type of vehicle , system , component and separate technical unit complies with all the requirements of the relevant regulatory acts for new vehicles , systems , components and separate technical units of that type .


### the financial management of the guarantee fund should be transferred from the eib to the commission , which has an established practice of managing similar investments . by taking over the asset management of the guarantee fund , the commission should be able to streamline and consolidate its asset management activities , building on existing structures and a good track record . ### the financial management of the guarantee fund should be transferred from the eib to the commission , which has an established practice of managing similar investments , and should be carried out in accordance with the highest standards of transparency and democratic accountability . by taking over the asset management of the guarantee fund , the commission should be able to further streamline and consolidate its asset management activities , building on existing structures and a good track record .


### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued . ### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate . member states shall ensure that qualified entities shall have to obtain the mandate of affected individual consumer in order to file a representative action . any exception to this principle , by law or by court order , should be duly justified by reasons of sound administration of justice . however , other affected consumers shall be able to join the representative action at any time . for this reason , a member state may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued .


### member states shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement . these measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of union law listed in annex i harming collective interests of consumers , including a final injunction order referred to in paragraph . ### member states shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement . these measures shall be sought only on the basis of any final decision establishing that a practice constitutes an infringement of union law listed in annex i harming collective interests of consumers , including a final injunction order referred to in paragraph .


### as only qualified entities can bring the representative actions , to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this directive . in particular , they would need to be properly constituted according to the law of a member state , which could include for example requirements regarding the number of members , the degree of permanence , or transparency requirements on relevant aspects of their structure such as their constitutive statutes , management structure , objectives and working methods . they should also be not for profit and have a legitimate interest in ensuring compliance with the relevant union law . these criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action . ### as only qualified entities can bring the representative actions , to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this directive . in particular , they would need to be properly constituted according to the law of a member state , which could include for example requirements regarding the number of members , the degree of permanence , or transparency requirements on relevant aspects of their structure such as their constitutive statutes , management structure , objectives and working methods . qualified entities should act independently from the third parties and have a sufficient capacity in terms of resources to represent multiple consumers and acting in their best interest . they should also be not for profit and have a legitimate interest in ensuring compliance with the relevant union law .


### ensuring that consumers are informed about a representative action is crucial for its success . consumers should be informed of ongoing representative action , the fact that a trader ' s practice has been considered as a breach of law , their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned , particularly for obtaining redress . the reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights . ### ensuring that affected consumers are informed about a representative action is crucial for its success . consumers should be informed about the final decisions of an injuntion order which is providing for measures and the approved settlements appropriately to the circumstances of the case . consumers affected should be informed that a trader ' s practice has been considered as a breach of law by the final injunction order , their rights following the establishment of an infringement and a possibility of any subsequent steps such as a representative action to be taken by consumers concerned . the presumtion of innocence principle and reputational risks related to speading information about a potential infringement should be taken into account .


### three years after the start of operations of the ecris - tcn system and every four years thereafter , the commission shall produce an overall evaluation of the ecris - tcn system and the ecris reference implementation . that overall evaluation shall include an assessment of the application of the regulation , an examination of results achieved against objectives and the impact on fundamental rights , and an assessment of the continuing validity of the underlying rationale , the application of the regulation , the security of the system and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council . ### one year after the start of operations of the ecris - tcn system and every two years thereafter , the commission shall produce an overall evaluation of the ecris - tcn system and the ecris reference implementation . that overall evaluation shall include an assessment of the application of the regulation , an examination of results achieved against objectives and the impact on fundamental rights , as well as the costs , and an assessment of the continuing validity of the underlying rationale , the application of the regulation , the security of the system and any implications on future operations , and shall make any necessary recommendations , including a detailed assessment of their budgetary implications . the commission shall transmit the evaluation report to the european parliament and the council .


### the costs incurred in connection with the establishment and operation of the central system , the communication infrastructure , the interface software and the ecris reference implementation shall be borne by the general budget of the union . ### the costs incurred in connection with the establishment and operation of the central system , the communication infrastructure , the interface software and the ecris reference implementation shall be borne by the general budget of the union . the annual appropriations shall be authorised by the european parliament and the council within the limits of the multiannual financial framework .


### this regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end - users . ### this regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services .


### the providers of a publicly available directory shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end - users’ consent before enabling such search functions related to their own data . ### the providers of a publicly available directory shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory , which they shall do there . the providers of electronic information , communications and telecommunications services shall inform end - users when new search functions are made available .


### the providers of publicly available directories shall obtain the consent of end - users who are natural persons to include their personal data in the directory and , consequently , shall obtain consent from these end - users for inclusion of data per category of personal data , to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory . providers shall give end - users who are natural persons the means to verify , correct and delete such data . ### the providers of electronic information , communications and telecommunications services shall collect the data of end - users who are natural persons in order to include their personal data in publicly accessible directories . they shall give end - users that are natural persons the right to object to data related to them being included in directories . &#160 ; providers shall give end - users who are natural persons the means to verify , correct , update , supplement and delete such data .


### this regulation ensures free movement of electronic communications data and electronic communications services within the union , which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural and legal persons and the protection of natural persons with regard to the processing of personal data . ### this regulation ensures , in accordance with regulation no 2016 / 679 , free movement of electronic communications data and electronic communications services within the union , which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural persons and the protection of natural persons with regard to the processing of personal data .


### the providers of publicly available directories shall provide end - users that are legal persons with the possibility to object to data related to them being included in the directory . providers shall give such end - users that are legal persons the means to verify , correct and delete such data . ### the providers of electronic information , communications and telecommunications services shall provide end - users that are legal persons with the possibility to object to data related to them being included in the directory . providers shall give such end - users that are legal persons the means to verify , correct , update , supplement and delete such data . natural persons acting for an economic purpose , such as independent professionals , operators of small businesses or freelancers , shall be equated with legal persons .


### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person requires that end - users that are natural persons are asked for consent before their personal data are included in a directory . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory . ### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person acting out of their business capacity requires that end - users that are natural persons are provided , upon request , with transparent information about the data being included in the directory and the means to verify , correct , update , supplement and delete data relating to them free of charge . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory .


### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . ### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . this may also cover situations where end - users use a service across devices for the purpose of service personalisation and content recommendation . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities .


### 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 . examples of such 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 , provided that the data are immediately anonymised or anonymisation techniques are used where the user is mixed with others . 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 .


### 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 during transmission , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception or surveillance , by persons other than the end - users , shall be prohibited , except when permitted by this regulation .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications during transmission is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . the processing of pseudonymised data , should be incentivized as the act of psedonymisation dramatically reduces any privacy and security risk associated with processing of data related to transmission . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the appropriate quality of service requirements , such as latency , jitter etc .


### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences and political views , the disclosure of which could result in personal and social harm , economic loss or embarrassment . similarly , metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc . ### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication . similarly , metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc .


### if all end - users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority . ### if service providers ' end - users have consented to the processing of their electronic communications content pursuant to regulation 2016 / 679 .


### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which categories of personal data are included in the directory . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user ' s contact details can be searched should not necessarily be the same . ### if end - users that are natural persons do not object to the inclusion of their data by providers of number - based interpersonal communication services and electronic communication providers in public directories , they should be able to determine which categories of personal data are included in the directory . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory .


### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by appropriate technical settings .


### 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 metadata 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 further 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 further process electronic communications metadata , which should include data on the location of the device . as an exception from obtaining end - users’ consent , the processing of electronic communications metadata for purposes other than those for which the personal data were initially collected should be allowed in cases where the further processing is compatible in accordance with article 6 of regulation 2016 / 679 . 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 . therefore , whenever the purpose of further processing of data cannot be achieved by processing data that is made anonymous , pseudonymisation of data should be allowed . 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 possibility for end - users not to be included in a publicly available directory , or to verify , correct and delete any data related to them shall be provided free of charge . ### the possibility for end - users not to be included in a publicly available directory , or to verify , correct , update , supplement and delete any data related to them shall be provided free of charge .


### the providers of publicly available directories shall obtain the consent of end - users who are natural persons to include their personal data in the directory and , consequently , shall obtain consent from these end - users for inclusion of data per category of personal data , to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory . providers shall give end - users who are natural persons the means to verify , correct and delete such data . ### the providers of&#160 ; electronic information , communication and telecommunication services&#160 ; shall collect the data of end - users who are natural persons in order to include their personal data in publicly accessible directories . upon the request of an end - user who is natural person the directory providers shall provide the end - user with transparent information about the data being included in the directory and the means to verify , correct , update , supplement and delete such data .


### if it is necessary for web audience measuring , provided that such measurement is carried out by the provider of the information society service requested by the end - user . ### if it is necessary for audience measuring , provided that such measurement is carried out by , or on behalf of , the provider of the information society service requested by the end - user , including measurement of indicators for the use of information society services in order to calculate a payment due .


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in a an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . therefore providers of software enabling publicly available electronic communications services and permitting the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment . consumers should be offered a set of privacy setting options . such privacy settings should be presented in an easily visible and intelligible manner .


### the providers of publicly available directories shall obtain the consent of end - users who are natural persons to include their personal data in the directory and , consequently , shall obtain consent from these end - users for inclusion of data per category of personal data , to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory . providers shall give end - users who are natural persons the means to verify , correct and delete such data . ### the providers of electronic information , communications and telecommunications services shall collect the data of end - users who are natural persons in order to include their personal data in publicly accessible directories . they shall give end - users that are natural persons the right to object to data related to them being included in directories . &#160 ; providers shall give end - users who are natural persons the means to verify , correct , update , supplement and delete such data .


### this regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end - users . ### this regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services .


### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders linked to crisis and post - crisis situations or migratory pressure ; ### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders or those in third countries linked to crisis and post - crisis situations or to migration phenomena , in particular forced displacement ;


### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved through coherence and complementarity among the union ' s external financing instruments , notably the instrument for pre - accession iii63 , the humanitarian aid instrument64 , the decision on overseas countries and territories65 , the european instrument for nuclear safety to complement the neighbourhood , development and international cooperation instrument on the basis of the euratom treaty66 , the common foreign and security policy and the newly proposed european peace facility67 which is financed outside the union budget , as well as the creation of synergies with other union policies and programmes . this includes coherence and complementarity with macro - financial assistance , where relevant . in order to maximise the impact of combined interventions to achieve a common objective , this regulation should allow for the combination of funding with other union programmes , as long as the contributions do not cover the same costs . _________________ 63 com 465 final proposal for a regulation of the european parliament and of the council establishing the instrument for pre - accession assistance 64 council regulation no 1257 / 96 of 20 june 1996 concerning humanitarian aid . 65 com 461 final proposal for a council decision on the association of the overseas countries and territories with the european union including relations between the european union on the one hand , and greenland and the kingdom of denmark on the other . 66 com 462 final proposal for a council regulation establishing a european instrument for nuclear safety complementing the neighbourhood , development and international cooperation instrument on the basis of the euratom treaty . 67 c 3800 final proposal of the high representative of the union for foreign affairs and security policy to the council for a council decision establishing a european peace facility . ### the union should seek the most efficient use of available resources in order to optimise the impact of its external action . that should be achieved through coherence and complementarity among the union ' s external financing instruments , notably the instrument for pre - accession iii63 , the humanitarian aid instrument64 , the decision on overseas countries and territories65 , the european instrument for nuclear safety to complement the neighbourhood , development and international cooperation instrument on the basis of the euratom treaty66 , the common foreign and security policy and the newly proposed european peace facility67 which is financed outside the union budget , as well as the creation of synergies with other union policies and programmes . this includes coherence and complementarity with macro - financial assistance , where relevant . in order to maximise the impact of combined interventions to achieve a common objective , this regulation should foresee strict conditionalities for suspension of assistance and allow for the combination of funding with other union programmes , as long as the contributions do not cover the same costs . _________________ 63 com 465 final proposal for a regulation of the european parliament and of the council establishing the instrument for pre - accession assistance 64 council regulation no 1257 / 96 of 20 june 1996 concerning humanitarian aid . 65 com 461 final proposal for a council decision on the association of the overseas countries and territories with the european union including relations between the european union on the one hand , and greenland and the kingdom of denmark on the other . 66 com 462 final proposal for a council regulation establishing a european instrument for nuclear safety complementing the neighbourhood , development and international cooperation instrument on the basis of the euratom treaty . 67 c 3800 final proposal of the high representative of the union for foreign affairs and security policy to the council for a council decision establishing a european peace facility .


### member states shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any requirements other than those laid down in this directive and in particular not the requirement that the injured party should establish that the party liable is unable or refuses to pay . ### member states shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any requirements other than those laid down in this directive and in particular not the requirement that the injured party should establish that the party liable or the insurance undertaking is unable or refuses to pay .


### member states shall set up or authorise a body to compensate injured parties habitually residing within their territory , at least up to the limits of the insurance obligation referred to in article 9 for personal injuries or material damage , caused by a vehicle insured by an insurance undertaking in any of the following situations : ### each member state shall set up or authorise a body to compensate injured parties , habitually residing within their territory , in the situations referred to in paragraph - 1 .


### each member state shall set up or authorise a body with the task of providing compensation , at least up to the limits of the insurance obligation for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in article 3 has not been satisfied . ### in article 10 , the first subparagraph of paragraph 1 is amended as follows : each member state shall set up or authorise a body with the task of providing compensation , at least up to the limits of the insurance obligation for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in article 3 has not been satisfied , including with respect to incidents where a motor vehicle is used as a weapon to commit a violent crime or terrorist act .


### location of data for storage or other processing within the union shall not be restricted to the territory of a specific member state , and storage or other processing in any other member state shall not be prohibited or restricted , unless it is justified on grounds of public security . ### location of data for storage or other processing within the union shall not be restricted to the territory of a specific member state , and storage or other processing in any other member state shall not be prohibited or restricted , unless it is justified on imperative grounds of public security . the adopted restriction shall be adequate and proportionnate measure .


### the commission shall encourage and facilitate the development of self - regulatory codes of conduct at union level , in order to define guidelines on best practices in facilitating the switching of providers and to ensure that they provide professional users with sufficiently detailed , clear and transparent information before a contract for data storage and processing is concluded , as regards the following issues : ### the commission shall encourage and facilitate the development of self - regulatory codes of conduct at union level , based on the principle of interoperability , in order to define guidelines covering following aspects :


### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones and measures to deliver on the long - term 2050 goal to decarbonise their national building stock , with specific milestones for 2030 . ### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones and measures to deliver on the long - term 2050 goal to decarbonise their national building stock , including technical building systems and in a highly energy - efficient manner , with specific milestones for 2030 and 2040 .


### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear milestones and measures to deliver on the long - term 2050 goal to decarbonise their national building stock , with specific milestones for 2030 . ### in their long - term renovation strategy referred to in paragraph 1 , member states shall set out a roadmap with clear binding milestones and measures to deliver on the long - term 2050 goal to substantially improve the energy efficiency of their national building stock , in order to address the overall target to decarbonize , with specific milestones for 2030 and 2040 .


### where a member state modifies a notified draft measure with the effect of significantly extending its scope or content , or shortening the timetable originally envisaged for implementation , or adding requirements or authorisation schemes , or making those requirements or authorisation schemes more restrictive for the establishment , or the cross - border provision of services , it shall notify the modified draft measure previously notified under paragraph 1 again , including an explanation of the objective and content of the modifications . in such a case , the previous notification shall be deemed to be withdrawn . ### where a member state substantially modifies a draft measure that has already been notified , extending its scope or content , shortening the timetable for implementation , or adding or tightening requirements or authorisation schemes for the cross - border provision of services , the member state shall notify those modifications to the commission , including an explanation of the objective and content thereof . 2bmember states shall not be obliged to notify the changes made during the parliamentary procedure to a draft measure that has been already notified . however , member states shall notify the draft measure containing those changes to the commission once it has been adopted . .


### where the commission has issued an alert in accordance with article 6 , it may , within a period of three months after the date of the closure of the consultation period referred to in article 5 , adopt a decision finding the draft measure to be incompatible with directive 2006 / 123 / ec and requiring the member state concerned to refrain from adopting the draft measure or , if such measure has been adopted in breach of article 3 or article 6 , to repeal it . ### where the commission has issued an alert in accordance with article 6 and it still has serious concerns on the measure notified in accordance with article 3 , it may , within a period of three months from the date of such notice adopt a decision requesting the member state concerned to refrain from adopting the notified measure or to repeal it .


### by [ 36 months after the date for transposition of this directive ] and at the latest every five years thereafter , the commission shall present a report to the european parliament , the council and the european economic and social committee on the application of this directive . ### by [ 36 months after the date for transposition of this directive ] and at the latest every five years thereafter , the commission shall present a report to the european parliament , the council and the european economic and social committee on the application of this directive , including an assessment of any improper use to circumvent the application of the notification procedure established in this directive .


### where a member state modifies a notified draft measure with the effect of significantly extending its scope or content , or shortening the timetable originally envisaged for implementation , or adding requirements or authorisation schemes , or making those requirements or authorisation schemes more restrictive for the establishment , or the cross - border provision of services , it shall notify the modified draft measure previously notified under paragraph 1 again , including an explanation of the objective and content of the modifications . in such a case , the previous notification shall be deemed to be withdrawn . ### where a member state substantially modifies a draft measure that is subject to an ongoing notification procedure , altering its scope or content , shortening the timetable for implementation , or adding or tightening requirements or authorisation schemes , for the establishment , or the cross - border provision of services , the member state shall modify the initial notification , including an explanation of the objective and content thereof .


### that information shall identify the overriding reason relating to the public interest pursued and give the reasons why the notified authorisation scheme or requirement is non - discriminatory on grounds of nationality or residence and why it is proportionate . ### that information shall identify the overriding reason relating to the public interest pursued and provide an assessment why the measure is non - discriminatory on grounds of nationality or residence and why it is proportionate with regard to the objective being pursued .


### before the closure of the consultation period referred to in article 5 , the commission may alert the notifying member state of its concerns about the compatibility with directive 2006 / 123 / ec of the draft measure notified and of its intention to adopt a decision referred to in article 7 . ### before the closure of the consultation period referred to in article 5 and , the commission may alert the notifying member state of its concerns about the compatibility with directive 2006 / 123 / ec of the draft measure notified and of its intention to adopt a decision referred to in article 7 .


### interested third parties should be given access to notifications sent by member states in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon . ### a further objective of this directive is to promote transparency between member states and interested third parties . the latter should be given access to notifications sent by member states in order to make them aware of planned authorisation schemes or certain requirements related to services in markets in which they actually or potentially operate and to enable them to provide comments thereon . the commission should facilitate the possibility for interested third parties to comment on the notifications made by the member states within the consultation period .