### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered . ### the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , states that the principles should be implemented at both union level and member state level within their respective competences , taking due account of different socio - economic environments and the diversity of national systems , including the role of social partners , and in accordance with the principles of subsidiarity and proportionality . at union level , the european pillar of social rights does not entail an extension of the union’s powers and tasks as conferred by the treaties . it should be implemented within the limits of those powers . the european pillar of social rights respects the diversity of the cultures and traditions of the peoples of europe , as well as the national identities of the member states and the organisation of their public authorities at national , regional and local levels . in this context , principle 7 of the pillar , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered .


### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , 33 labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular as traditional employment relationships and can lead to reduced predictability for the employee concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for employees to be fully informed about their essential working conditions while at the same time maintaining certain degree of flexibility in employment relationships . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### in view of the increasing number of workers excluded from the scope of directive 91 / 533 / eec on the basis of derogations made by member states under article 1 of that directive , it is necessary to replace these derogations with a possibility for member states not to apply the provisions of the directive to a work relationship equal to or less than 8 hours in total in a reference period of one month . that derogation does not affect the definition of a worker as provided for in article 2 . ### in view of the increasing number of employees excluded from the scope of directive 91 / 533 / eec on the basis of derogations made by member states under article 1 of that directive , it is necessary to replace these derogations with a possibility for member states not to apply the provisions of the directive to an employment relationship equal to or less than 8 hours in total in a reference period of one month . that derogation does not affect the definition of an employee as provided for in article 2 .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper or electronically , at the start of employment . the information should therefore reach them in writing at the latest within the first 15 days of the employment , but , where provided orally , from the first working day . it should be possible to extend the fifteen day deadline for providing the basic information by two weeks in exceptional circumstances , such as in the case of abnormal functioning of the human resources services of the company .


### member states shall ensure that workers with at least six months ' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available . ### member states shall ensure that employees with at least six months ' continuous service with the same employer may request a form of employment with more predictable and secure working conditions where available .


### any training entitlement provided by the employer ; ### training entitlement provided by the employer , if any ;


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that employees are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . some member states do not link employment protection to probationary periods . in such a case , it is important to allow for appropriate flexibility for an extension of a probationary period where an employer wishes to offer an extension as a ' second chance ' to the employee . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the employee , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young people .


### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . ### member states may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . employers are not permitted to lay down conditions of incompatibility unilaterally .


### member states shall ensure that where employers are required by union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed , such training shall be provided cost - free to the worker . ### member states shall ensure that where employees are required by their employers , union or national legislation or relevant collective agreements to undertake training in order to carry out the work for which they are employed , such training shall be provided cost - free to the employee .


### workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal . workers should also have the possibility to accept the work assignment if they so wish . ### employees should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has not been notified within the minimum advance notice without suffering adverse consequences for this refusal . employees should also have the possibility to accept the work assignment if they so wish .


### workers who consider that they have been dismissed , or have been subject to measures with equivalent effect , on the grounds that they have exercised the rights provided for in this directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent . the employer shall provide those grounds in writing . ### employees who consider that they have been dismissed , or have been subject to measures with equivalent effect , on the grounds that they have exercised the rights provided for in this directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent . the employer shall provide those grounds in writing .


### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 incompatibility clauses , understood as a restriction on working for specific categories of employers , may be necessary for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time . ### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them . it should be possible for member states to lay down conditions for the use of incompatibility restrictions , understood as restrictions on working for other employers , for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests .


### this directive lays down minimum rights that apply to every worker in the union . ### this directive lays down minimum rights that apply to every employee in the union .


### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish , by means of an implementing act , a union list of novel foods by entering novel foods already authorised or notified in accordance with article 4 , 5 or 7 of regulation no 258 / 97 in the union list , including any existing authorisation conditions . as those novel foods have already been evaluated for their safety , have been legally produced and marketed in the union and have not given rise to health concerns in the past , the advisory procedure should be used for the initial establishment of the union list . ### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish , by means of an implementing act , a union list of novel foods already authorised or notified in accordance with regulation no 258 / 97 in the union list , including any existing authorisation conditions . as those novel foods have already been evaluated for their safety , have been legally produced and marketed in the union and have not given rise to health concerns in the past , the advisory procedure should be used for the initial establishment of the union list . the list should be transparent , easily accessible and regularly updated .


### only novel foods authorised and included in the union list may be placed on the market within the union as such and used in or on foods under the conditions of use specified therein . ### only novel foods authorised and included in the union list may be placed on the market within the union as such and / or used in or on foods according to the conditions of use and to the labelling requirements specified therein .


### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be nutritionally less advantageous for the consumer . ### novel foods should be authorised and used only if they fulfil the criteria laid down in this regulation . novel foods should be safe and their use should not mislead the consumer . therefore , where a novel food is intended to replace another food , it should not differ from that food in a way that would be significantly nutritionally less advantageous for the consumer .


### general conditions for inclusion of novel foods in the union list the commission shall only authorise and include a novel food in the union list if it complies with the following conditions : it does not , on the basis of the scientific evidence available , pose a safety risk to human health ; its use does not mislead the consumer ; c ) where it is intended to replace another food , it does not differ from that food in such a way that its normal consumption would be nutritionally disadvantageous for the consumer . ### general conditions for inclusion of novel foods in the union list the commission shall only authorise and include a novel food in the union list if it complies with the following conditions : it does not , on the basis of the scientific evidence available , pose a safety risk to human health ; its use does not mislead the consumer ; where it is intended to replace another food , it does not differ from that food in such a way that its normal consumption would be significantly nutritionally disadvantageous for the consumer . in the case of diverging opinions among scientific studies as referred to in point , a conclusion shall be drawn up on the basis of the opinion rendered by efsa .


### the commission may request efsa to render its opinion if the update is liable to have an effect on human health . ### the commission shall request that efsa renders its opinion if the update to the union list is liable to pose a safety risk to human health .


### implementing power concerning administrative and scientific requirements concerning traditional foods from third countries by . . . 25 the commission shall adopt implementing acts concerning : the contents , drafting and presentation of the notification provided for in article 13 and of the application provided for in article 14 ; the arrangements for checking the validity of those notifications and applications ; the procedural steps for the exchange of information with the member states and with efsa for submitting reasoned safety objections as referred to in article 14 , and ; the type of information required to be included in the opinion of efsa referred to in article 16 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ____________________ 25 publications office : please insert date : 24 months after the date of entry into force of this regulation . ### implementing acts laying down administrative and scientific requirements concerning traditional foods from third countries by . . . 25the commission shall adopt implementing acts concerning : the contents , drafting and presentation of the notification provided for in article 13 and of the application provided for in article 14 ; the arrangements for checking the validity of those notifications and applications ; the procedural steps for the exchange of information with the member states and with efsa for submitting reasoned safety objections as referred to in article 14 , and ; the type of information to be included in the opinion of efsa referred to in article 16 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ____________________ 25 publications office : please insert date : 24 months after the date of entry into force of this regulation .


### after expiry of the time period referred to in paragraph 3 , the commission may decide after consulting with the applicants which information may remain confidential and , in the case a decision has been taken , shall notify the member states and the applicants accordingly . however , confidentiality shall not apply to the following information : the name and address of the applicant ; the name and description of the novel food ; the proposed use of the novel food ; a summary of the studies submitted by the applicant ; where applicable , the analysis method . ### after expiry of the time period referred to in paragraph 3 , if the applicant has not withdrawn the application , the commission shall decide , giving serious consideration to the applicant ' s request , which parts of the information shall remain confidential and , in case a decision has been taken , notify the member states and the applicant accordingly . however , confidentiality shall not apply to the following information : the name and address of the applicant ; the name and description of the novel food ; the proposed conditions of use of the novel food ; a summary of the studies submitted by the applicant ; the results of the studies carried out to demonstrate the safety of the food .


### extension of time periods in exceptional circumstances , the commission may extend the time periods provided for in articles 10 , 11 or , 16 and 17 on its own initiative or , where applicable , at efsa ' s request , where the nature of the matter in question so justifies . in such cases the commission shall inform the member states and the applicant of the extension and the reasons for it . ### ad hoc extension of time periods in exceptional circumstances , the commission may extend the time periods provided for in articles 10 , 11 or , 16 and 17 on its own initiative or , where applicable , at efsa ' s request , where the nature of the matter in question justifies an appropriate extension . in such cases the commission shall inform the applicant and the member states of the extension and the reasons for it .


### where the additional information referred to in paragraph 4 is not sent to efsa within the additional period referred to in that paragraph , it shall finalise its opinion on the basis of the information already provided to it . ### where the additional information referred to in paragraph 4 is not provided to efsa within the additional period referred to in that paragraph , it shall finalise its opinion on the basis of the available information .


### the determination of whether a food was used for human consumption to a significant degree within the union before 15 may 1997 should be based on information submitted by food business operators and , where appropriate , supported by other information available in the member states . food business operators should consult member states if they are unsure of the status of the food they intend to place on the market . when there is no information or insufficient information available on human consumption before 15 may 1997 , a simple and transparent procedure , involving the commission , the member states and food business operators , should be established for collecting such information . implementing powers should be conferred on the commission to specify the procedural steps of such consultation process . ### the determination of whether a food was used for human consumption to a significant degree within the union before 15 may 1997 should be based on information submitted by food business operators and , where appropriate , supported by other information available in the member states . food business operators should consult member states and the commission if they are unsure of the status of the food which they intend to place on the market . where there is no information or the information available on human consumption before 15 may 1997 is insufficient , a simple and transparent procedure , involving the commission , the member states and food business operators , should be established for collecting such information . implementing powers should be conferred on the commission to specify the procedural steps of such consultation process .


### vitamins , minerals and other substances intended to be used in food supplements or to be added to food including infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children , food for special medical purposes , and total diet replacement for weight control are subject to the rules provided for in directive 2002 / 46 / ec of the european parliament and of the council17 , in regulation no 1925 / 2006 of the european parliament and of the council18 and in regulation no 609 / 2013 of the european parliament and of the council19 . those substances should also be assessed in accordance with the rules laid down in this regulation when they fall within the definition of novel food laid down in this regulation . ____________________ 17 directive 2002 / 46 / ec of the european parliament and of the council of 10 june 2002 on the approximation of the laws of the member states relating to food supplements . 18 regulation no 1925 / 2006 of the european parliament and of the council of 20 december 2006 on the addition of vitamins and minerals and of certain other substances to foods . 19 regulation no 609 / 2013 of the european parliament and of the council of 12 june 2013 on food intended for infants and young children , food for special medical purposes , and total diet replacement for weight control and repealing council directive 92 / 52 / eec , commission directives 96 / 8 / ec , 1999 / 21 / ec , 2006 / 125 / ec and 2006 / 141 / ec , directive 2009 / 39 / ec of the european parliament and of the council and commission regulations no 41 / 2009 and no 953 / 2009 . ### vitamins , minerals and other substances intended to be used in food supplements in accordance to directive 2002 / 46 / ec of the european parliament and of the council17 and regulation no 1925 / 2006 of the european parliament and of the council18 or to be added to food including infant formula and follow - on formulae , processed cereal - based food and baby food for infants and young children , food for special medical purposes , and total diet replacement for weight control subject to regulation no 609 / 2013 of the european parliament and of the council19 , should also be assessed in accordance with this regulation when they fall within the definition of novel food therein . ____________________ 17 directive 2002 / 46 / ec of the european parliament and of the council of 10 june 2002 on the approximation of the laws of the member states relating to food supplements . 18 regulation no 1925 / 2006 of the european parliament and of the council of 20 december 2006 on the addition of vitamins and minerals and of certain other substances to foods . 19 regulation no 609 / 2013 of the european parliament and of the council of 12 june 2013 on food intended for infants and young children , food for special medical purposes , and total diet replacement for weight control and repealing council directive 92 / 52 / eec , commission directives 96 / 8 / ec , 1999 / 21 / ec , 2006 / 125 / ec and 2006 / 141 / ec , directive 2009 / 39 / ec of the european parliament and of the council and commission regulations no 41 / 2009 and no 953 / 2009 .


### the entry for a novel food in the union list provided for in paragraph 2 shall include where relevant : a specification of the novel food ; the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ; additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; a post - market monitoring requirement in accordance with article 23 . ### the entry for a novel food in the union list provided for in paragraph 2 shall include the specification of the novel food and where relevant : the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ; additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; post - market monitoring requirements in accordance with article 23 .


### the procedure for authorising the placing on the market within the union of a novel food and updating the union list ### the procedures for authorising the placing on the market within the union of a novel food and for updating the union list


### implementing power concerning administrative and scientific requirements for applications by …24 at the latest , the commission shall adopt implementing acts concerning : the contents , drafting and presentation of the application referred to in article&#160 ; 9 ; the arrangements for checking the validity of those applications ; the type of information required to be included in the opinion of efsa referred to in article 10 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ____________________ 24 publications office : please insert date : 24 months after the date of entry into force of this regulation . ### implementing acts laying down administrative and scientific requirements for applications by …24 at the latest , the commission shall adopt implementing acts concerning : the contents , drafting and presentation of the application referred to in article&#160 ; 9 ; the arrangements for checking the validity of those applications ; the type of information to be included in the opinion of efsa referred to in article 10 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ____________________ 24 publications office : please insert date : 24 months after the date of entry into force of this regulation .


### for removing a traditional food from a third country from the union list or for adding , removing or changing conditions , specifications or restrictions associated with the inclusion of a traditional food from a third country on the union list , articles 9 to 12 apply . ### articles 9 to 12 apply for removing a traditional food from a third country from the union list or for adding , removing or changing specifications , conditions of use , additional specific labelling requirements or post - market monitoring requirements associated with the inclusion of a traditional food from a third country on the union list .


### a high level of protection of human health and of consumers’ interests and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency . ### a high level of protection of human health , of consumers’ interests and of the environment , and the effective functioning of the internal market should be assured in the pursuit of union food policies , whilst ensuring transparency .


### where no reasoned safety objections are made in accordance with paragraph 2 within the time - limit laid down in that paragraph , the commission shall authorise the placing on the market within the union of the traditional food concerned and update without delay the union list . ### where no reasoned safety objections are made in accordance with paragraph 2 within the time - limit laid down in that paragraph , the commission shall authorise the placing on the market within the union of the traditional food concerned and update the union list within one month .


### where an applicant withdraws , or has withdrawn , its application , the commission , the member states and efsa shall not disclose confidential information , including information the confidentiality of which is the subject of disagreement between the commission and the applicant . ### where an applicant withdraws , or has withdrawn , its application , the commission , the member states and efsa shall not disclose confidential information , including the information of which confidentiality is the subject of disagreement between the commission and the applicant .


### only novel foods authorised and included in the union list may be placed on the market within the union as such and used in or on foods under the conditions of use specified therein . ### only novel foods authorised and included in the union list may be placed on the market within the union as such and / or used in or on foods according to the conditions of use and to the labelling requirements specified therein .


### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . ____________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation . ### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , this regulation should further specify that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . ____________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation .


### where the additional information referred to in paragraph 3 is not sent to efsa within the additional period referred to in that paragraph , it shall finalise its opinion on the basis of the information already provided to it . ### where the additional information referred to in paragraph 3 is not provided to efsa within the additional period referred to in that paragraph , it shall draw up its opinion on the basis of the available information .


### within nine months from the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act updating the union list taking account of : the conditions provided for in article 6 where applicable ; any relevant provisions of union law ; the efsa ' s opinion ; any other legitimate factors relevant to the application under consideration . that implementing act shall be adopted in accordance with the examination procedure referred to in article 27 . ### within six months from the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act updating the union list taking account of : the conditions provided for in article 6 ; any relevant provisions of union law ; the efsa ' s opinion ; any other legitimate factors relevant to the application under consideration . that implementing act shall be adopted in accordance with the examination procedure referred to in article 27 .


### where the commission has not requested an opinion from efsa in accordance with article 9 , the nine - month period provided for in paragraph 1 shall start from the date on which the commission received a valid application in accordance with article 9 . ### where the commission has not requested an opinion from efsa in accordance with article 9 , the six - month period provided for in paragraph 1 shall start from the date on which the commission received a valid application in accordance with article 9 .


### where the commission requests an opinion from efsa , it shall forward the valid application to efsa . efsa shall adopt its opinion within nine months from the date of receipt of a valid application . in assessing the safety of novel foods , efsa shall , where appropriate , consider the following : whether the novel food concerned is as safe as food from a comparable food category already existing on the market within the union ; whether the composition of the novel food and the conditions of its use do not pose a safety risk to human health in the union . ### where the commission requests an opinion from efsa , it shall forward the valid application to efsa within one month . efsa shall adopt its opinion within nine months from the date of receipt of a valid application . in assessing the safety of novel foods , efsa shall , where appropriate , consider the following : whether the novel food concerned is as safe as food from a comparable food category already existing on the market within the union ; whether the composition of the novel food and the conditions of its use do not pose a safety risk to human health in the union . whether a novel food , which is intended to replace another food , does not differ from that food in such a way that its normal consumption would be significantly nutritionally disadvantageous for the consumer .


### foods which are intended to be used for technological purposes and genetically modified food should not fall within the scope of this regulation as they are already covered by other union rules . therefore , genetically modified food falling within the scope of regulation no 1829 / 2003 of the european parliament and of the council10 , enzymes falling within the scope of regulation no 1332 / 2008 of the european parliament and of the council11 , food used solely as additives falling within the scope of regulation no 1333 / 2008 of the european parliament and of the council12 , flavourings falling within the scope of regulation no 1334 / 2008 of the european parliament and of the council13 and extraction solvents falling within the scope of directive 2009 / 32 / ec of the european parliament and of the council14 should be excluded from the scope of this regulation . ____________________ 10 regulation no 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed . 11 regulation no 1332 / 2008 of the european parliament and of the council of 16 december 2008 on food enzymes . 12 regulation no 1333 / 2008 of the european parliament and of the council of 16 december 2008 on food additives . 13 regulation no 1334 / 2008 of the european parliament and of the council of 16 december 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods . 14 directive 2009 / 32 / ec of the european parliament and of the council of 23 april 2009 on the approximation of the laws of the member states on extraction solvents used in the production of foodstuffs and food ingredients . ### food intended to be used for technological purposes and genetically modified food which is already covered by other union acts should not fall within the scope of this regulation . therefore , genetically modified food falling within the scope of regulation no 1829 / 2003 of the european parliament and of the council10 , food enzymes falling within the scope of regulation no 1332 / 2008 of the european parliament and of the council11 , food used solely as additives falling within the scope of regulation no 1333 / 2008 of the european parliament and of the council12 , food flavourings falling within the scope of regulation no 1334 / 2008 of the european parliament and of the council13 and extraction solvents falling within the scope of directive 2009 / 32 / ec of the european parliament and of the council14 should be excluded from the scope of this regulation . ____________________ 10 regulation no 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed . 11 regulation no 1332 / 2008 of the european parliament and of the council of 16 december 2008 on food enzymes . 12 regulation no 1333 / 2008 of the european parliament and of the council of 16 december 2008 on food additives . 13 regulation no 1334 / 2008 of the european parliament and of the council of 16 december 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods . 14 directive 2009 / 32 / ec of the european parliament and of the council of 23 april 2009 on the approximation of the laws of the member states on extraction solvents used in the production of foodstuffs and food ingredients .


### the commission may request efsa to render its opinion if the update is liable to have an effect on human health . ### the commission shall request that efsa renders its opinion if the update to the union list is liable to pose a safety risk to human health .


### implementing power concerning administrative and scientific requirements concerning traditional foods from third countries by . . . 25 the commission shall adopt implementing acts concerning : the contents , drafting and presentation of the notification provided for in article 13 and of the application provided for in article 14 ; the arrangements for checking the validity of those notifications and applications ; the procedural steps for the exchange of information with the member states and with efsa for submitting reasoned safety objections as referred to in article 14 , and ; the type of information required to be included in the opinion of efsa referred to in article 16 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ____________________ 25 publications office : please insert date : 24 months after the date of entry into force of this regulation . ### implementing acts laying down administrative and scientific requirements concerning traditional foods from third countries by . . . 25the commission shall adopt implementing acts concerning : the contents , drafting and presentation of the notification provided for in article 13 and of the application provided for in article 14 ; the arrangements for checking the validity of those notifications and applications ; the procedural steps for the exchange of information with the member states and with efsa for submitting reasoned safety objections as referred to in article 14 , and ; the type of information to be included in the opinion of efsa referred to in article 16 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ____________________ 25 publications office : please insert date : 24 months after the date of entry into force of this regulation .


### the procedure for authorising the placing on the market within the union of a novel food and updating of the union list provided for in article 8 shall start either on the commission ' s initiative or following an application to the commission by an applicant . the application shall include : the name and description of the novel food ; the composition of the novel food ; scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; where applicable , a proposal for the conditions of use and a proposal for specific labelling requirements which do not mislead the consumer . ### the procedures for authorising the placing on the market within the union of a novel food and updating of the union list provided for in article 8 shall start either on the commission ' s initiative or following an application to the commission by an applicant . the commission shall make the application available to the member states . the application shall include : the name and address of the applicant ; the name and description of the novel food ; the production process ; the composition of the novel food ; scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; where applicable , the analysis method ; where applicable , a proposal for the conditions of use and a proposal for specific labelling requirements which do not mislead the consumer .


### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect . ### it is appropriate to authorise a novel food by updating the union list subject to the criteria and procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use the applicants should be able to opt for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect .


### adding , removing or changing the conditions , specifications or restrictions associated with the inclusion of a novel food on the union list . ### adding , removing or changing the specifications , conditions of use , additional specific labelling requirements or post - market monitoring requirements associated with the inclusion of a novel food on the union list .


### the free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well - being of citizens , as well as benefitting their social and economic interests . differences between national laws concerning the safety assessment and authorisation of novel foods may hinder the free movement of such food , thereby creating unfair conditions of competition . ### the free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well - being of citizens , and to their social and economic interests . differences between national laws concerning the safety assessment and authorisation of novel foods may hinder the free movement of such food , thereby creating legal uncertainty and unfair conditions of competition .


### extension of time periods in exceptional circumstances , the commission may extend the time periods provided for in articles 10 , 11 or , 16 and 17 on its own initiative or , where applicable , at efsa ' s request , where the nature of the matter in question so justifies . in such cases the commission shall inform the member states and the applicant of the extension and the reasons for it . ### ad hoc extension of time periods in exceptional circumstances , the commission may extend the time periods provided for in articles 10 , 11 or , 16 and 17 on its own initiative or , where applicable , at efsa ' s request , where the nature of the matter in question justifies an appropriate extension . in such cases the commission shall inform the applicant and the member states of the extension and the reasons for it .


### by way of derogation from paragraph 1 , the commission may end the authorisation procedure and decide not to proceed with an update , at any stage of the procedure , where it considers that such an update is not justified . where applicable , it shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration . ### by way of derogation from paragraph 1 , the commission may terminate the authorisation procedure and decide not to proceed with an update , at any stage of the procedure , where it considers that such an update is not justified . where applicable , the commission shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration .


### to ensure that requested persons can effectively exercise their right to appoint a lawyer in the issuing member state to assist the lawyer in the executing member state , in accordance with directive 2013 / 48 / eu , the issuing member state should ensure that requested persons have access to legal aid for the purpose of the european arrest warrant proceedings in the executing member state . this right may be subject to an assessment of the means of the requested person and / or whether it is in the interests of justice to provide legal aid , according to the applicable eligibility criteria in the issuing member state in question . ### in accordance with directive 2013 / 48 / eu , the issuing member state should ensure that requested persons have access to legal aid for the purpose of the european arrest warrant proceedings in the executing member state . this right may be subject to an assessment of the means of the requested person and / or whether it is in the interests of justice to provide legal aid , according to the applicable eligibility criteria in the issuing member state in question .


### all statements of support shall be collected within a period not exceeding 12 months from a date chosen by the group of organisers , without prejudice to article 11 . that date must be not later than three months from the registration of the initiative in accordance with article 6 . ### all statements of support shall be collected within a period not exceeding 12 months from a date chosen by the group of organisers , without prejudice to article 11 . that date must be not later than six months from the registration of the initiative in accordance with article 6 .


### the commission shall raise public awareness about the existence of the european citizens ' initiative through communication activities and information campaigns , thereby contributing to promoting the active participation of citizens in the political life of the union . ### the commission shall raise public awareness about the existence of the european citizens ' initiative through communication activities and information campaigns and shall also use digital platforms and technologies&#160 ; to reach out and&#160 ; engage community , thereby contributing to promoting the active participation of citizens in the political life of the union , since targeted communication strategies , including social media , are critical for enhancing the effectiveness of the&#160 ; european&#160 ; citizens ' &#160 ; initiative&#160 ; and for ensuring transparency .


### every four years , the commission shall produce an overall evaluation of the vis . this overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council . ### every two years , the commission shall produce an overall evaluation of the vis . this overall evaluation shall include an examination of results achieved against objectives and costs and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council .


### every two years eu - lisa shall submit to the european parliament , the council and the commission a report on the technical functioning of vis , including the security thereof . ### every two years eu - lisa shall submit to the european parliament , the council and the commission a report on the technical functioning of vis , including its security and costs . that report shall include an overview of the current progress of the development of the project and the associated costs , a financial impact assessment , and information on any technical issues and risks that may affect the overall cost of the system .


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


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


### monitor and assess the implementation of the ceas as well as the asylum and reception systems of member states ; ### monitor and assess the implementation of the ceas in relation to the asylum and reception systems of member states , which should be supported at the request of any member state ;


### the executive director shall , after consulting the commission , submit that common analysis to the management board for endorsement . member states shall be required to take that common analysis into account when examining applications for international protection , without prejudice to their competence for deciding on individual applications . ### the executive director shall , after consulting the commission , submit that common analysis to the management board for endorsement . member states shall be encouraged to take that common analysis into account when examining applications for international protection , without prejudice to their competence for deciding on individual applications .


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


### the european union agency for asylum should facilitate operational cooperation between member states in matters covered by this regulation . it should also cooperate with authorities of third - countries in the framework of working arrangements which should receive the commission ' s prior approval . the agency should act in accordance with the union ' s external relations policy and under no circumstances should it formulate any independent external policy . in their cooperation with third countries , the agency and the member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries . ### the european union agency for asylum should facilitate operational cooperation between member states in matters covered by this regulation . it should also cooperate with authorities and regional actors of third - countries in the framework of working arrangements which should receive the commission ' s prior approval . the agency should act in accordance with the union ' s external relations policy and under no circumstances should it formulate any independent external policy . in their cooperation with third countries , the agency and the member states should comply with norms and standards at least equivalent to those set by union legislation also when the cooperation with third countries takes place on the territory of those countries .


### the tasks of the european asylum support office should be expanded , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among member states on asylum , promote union law and operational standards to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , monitor the operational and technical application of union law and standards as regards asylum , support the dublin system and provide increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . ### the tasks of the european asylum support office should be targeted , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among member states on asylum , promote union law and operational standards to ensure increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure , increased coordination between frontex and member states with a view to acting more effectively in the protection of the european union ' s external borders and with a view to preventing unmanageable situations of migratory pressure , strengthening the combating of trafficking in human beings and managing secondary movements in a regulated way .


### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , make draft recommendations to the member state concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations . ### the european union agency for asylum , in close cooperation with the commission and without prejudice to the commission ' s responsibility as guardian of the treaties , should establish a mechanism to monitor and assess the implementation of the ceas , the compliance by member states with operational standards , guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of member states . the monitoring and assessment should be comprehensive and should be based , in particular , on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits , exchange with national authorities and experts , as well as case sampling . the agency should report its findings to the management board which in turn should adopt the report . the executive director should , after consultation with the commission , provide the member state with recommendations concerned outlining the necessary measures to address serious shortcomings , which in turn shall be adopted by the management board as recommendations .


### to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , the agency should organise and coordinate activities promoting union law . for that purpose , the agency should assist member states by developing operational standards and indicators for monitoring compliance with those standards . the agency should also develop guidelines on asylum - related matters and should enable the exchange of best practices among member states . ### to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , the agency should organise and coordinate activities promoting union law . for that purpose , the agency should assist member states by proposing operational standards and indicators for monitoring compliance with those standards . the agency should also develop guidelines on asylum - related matters and should enable the exchange of best practices among member states .


### the common eu list of safe countries of origin established by regulation no xxx / xxx9 should be regularly reviewed by the commission . having regard to the agency ' s expertise , it should assist the commission in reviewing that list . the agency should also , at the request of the commission , provide it with information on specific third countries which could be included in the common eu list of safe countries of origin , and on third countries designated as safe countries of origin or safe third countries or to which the member states apply the concepts of safe third country , first country of asylum or european safe third country . __________________ 9 jo l [ … ] ### the common eu list of safe countries of origin established by regulation no xxx / xxx 9 should be regularly reviewed by the commission , in conjunction with the member s tates ' security services . __________________ 9 jo l [ &#8230 ; ]


### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned or on its own initiative , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time . ### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time .


### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , the european union agency for asylum should support the development of solidarity within the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused . ### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , particularly for italy and greece , the european union agency for asylum should support the development of solidarity between the countries of the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused . with a view to managing and preventing further collapses of the system , the european union agency for asylum should draw a clear distinction between the status of economic migrant and the status of beneficiary of international protection , and should be clear in making its selection .


### the objective of the union ' s policy on asylum is to develop and establish a common european asylum system , consistent with the values and humanitarian tradition of the european union and governed by the principle of solidarity and fair sharing of responsibility . ### the objective of the union ' s policy on asylum is to develop and establish a common european asylum system , consistent with the values and humanitarian tradition of the european union and governed by the principle of solidarity and fair sharing of responsibility , as well as differentiating between regional sp&#233 ; cificit&#233 ; s and the discrepancies in burden on individual member states .


### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , the european union agency for asylum should support the development of solidarity within the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused . ### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , the european union agency for asylum should support the development of solidarity within the union and assist in the fastest possible relocation of beneficiaries of and applicants for international protection among member states , while ensuring that asylum and reception systems are not abused .


### the tasks of the european asylum support office should be expanded , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen practical cooperation and information exchange among member states on asylum , promote union law and operational standards to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , monitor the operational and technical application of union law and standards as regards asylum , support the dublin system and provide increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure . ### the tasks of the european asylum support office should be expanded , and to reflect those changes , it should be renamed european union agency for asylum . the agency should be a centre of expertise and its main role should be to strengthen and encourage practical cooperation and information exchange on best practises among member states on asylum , promote union law and operational standards to ensure a high degree of uniformity as regards asylum procedures and the assessment of protection needs across the union , monitor the operational and technical application of union law and standards as regards asylum , support the dublin system and provide increased operational and technical support to member states for the management of the asylum and reception systems , in particular those whose systems are subject to disproportionate pressure .


### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , the european union agency for asylum should support the development of solidarity within the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused . ### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , the european union agency for asylum should support the development of solidarity within the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused and supporting member states ' affected in their efforts to prevent abuse through illegal migration .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , pursuant to regulation 2016 / 679 . 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 meet the requirements of regulation 2016 / 79 to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 .


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


### in the case of a particular risk that may compromise the security of networks and electronic communications services , the provider of an electronic communications service shall inform end - users concerning such risk and , where the risk lies outside the scope of the measures to be taken by the service provider , inform end - users of any possible remedies , including an indication of the likely costs involved . ### in the case of a particular and significant threat that may compromise the security of electronic communications services , the provider of a publicly available electronic communications service shall inform its end - users concerning such threat and inform end - users of any possible protective measures or remedies , which can be taken by end - users .


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication . ### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication unless the service provider has a lawful basis for further processing in accordance with article 6 of regulation 2016 / 679 .


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


### 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 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 , absent any separate , specific consent obtained from the end - user . 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 provide route guidance , may have also the same capabilities . terminal equipment operating systems and standalone communications software do not provide these capabilities . while website providers are ultimately responsible for honouring the technical means of consent provided through a browser ' s general privacy settings , web browsers mediate much of what occurs between the end - user and the website . from this perspective , they 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 . examples of appropriate browser settings include settings that allow users to block all cookies or only third - party cookies , and those that allow users to send a ' do not track ' request with their browsing traffic .


### providers of electronic communications services shall establish internal procedures for responding to requests for access to end - users’ electronic communications data based on a legislative measure adopted pursuant to paragraph 1 . they shall provide the competent supervisory authority , on demand , with information about those procedures , the number of requests received , the legal justification invoked and their response . ### providers of publicly available electronic communications services shall establish internal procedures for responding to requests received for access to end - users ' electronic communications data - based on a legislative measure adopted pursuant to paragraph 1 - the legal justification invoked and their response . providers will respond to requests for access in accordance with the legal requirements where the service provider has its main establishment under regulation 2016 / 679 . for requests from a member state where the service provider is not established , cross - border mechanisms for requests under mutual legal assistance conventions or directive 2014 / 41 / eu of the european parliament and of the council of 3 april 2014 regarding the european investigation order in criminal matters will be followed . without prejudice to any requirements under member state law to provide information to competent law enforcement authorities , they shall provide the competent supervisory authority , on demand , with information about those procedures .


### 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 by the electronic communications network or service . this regulation also does 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 . filtering of unlawful content , including child and juvenile pornography , is permissible .


### it is necessary to maintain or restore the security of electronic communications networks and services , or detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose . ### it is necessary to maintain or restore the security of electronic communications networks and services and their users , or detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose ; or


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


### providers of electronic communications services may process electronic communications metadata if : ### providers of electronic communications services may process electronic communications metadata during transmission if :


### this directive respects the principles recognised by article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression and information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be implemented in accordance with these rights and principles . ### this directive respects the principles recognised by article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression , freedom of speech , freedom of information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence and the right to a fair trial , the outcome of which is determined by the individual circumstances of the case , as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec , recognising that exceptions may be made on the grounds of public policy or national security . this directive has to be implemented in accordance with these rights and principles .


### member states shall ensure that , in considering a request for the adoption of the injunctions and corrective measures provided for in article 11 and assessing their proportionality , the competent judicial authorities take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the infringer in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information . ### member states shall ensure that , in considering a request for the adoption of the injunctions and corrective measures provided for in article 11 and assessing their proportionality , the competent judicial authorities shall be required to take into account the specific circumstances of the case . this assessment shall include , where appropriate , the value of the trade secret , the measures taken to protect the trade secret , the conduct of the infringer in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights .


### the conscious and deliberate production , offering or placing on the market of infringing goods , or import , export or storage of infringing goods for those purposes , shall be considered an unlawful use of a trade secret . ### the production , offering or placing on the market of infringing goods , or import , export or storage of infringing goods for those purposes , shall be considered an unlawful use of a trade secret when the person carrying out such activities knew , or should , under the circumstances , have known that the trade secret was used unlawfully within the meaning of paragraph 3 .


### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall lay down the rules applicable to limitation periods for substantive claims or bringing actions for the application of the measures , procedures and remedies provided for in this directive . those rules shall determine when the limitation period begins to run , the duration of the limitation period and the circumstances under which the limitation period is interrupted or suspended . the duration of the limitation period shall not exceed six years .


### the use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3 . ### the use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3 .


### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that a trade secret exists , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent . ### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves with a sufficient degree of certainty that a trade secret exists , that the applicant is the trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent .