### at the latest [ po insert date : 18 months after the entry into force of this regulation ] the commission shall evaluate the use of the eu guarantee and the functioning of the guarantee fund , including the use of endowments according to article 8 . the commission shall submit its evaluation to the european parliament and the council . ### at the latest [ po insert date : 12 months after the entry into force of this regulation ] the commission shall evaluate the use of the eu guarantee and the functioning of the guarantee fund , including the use of endowments according to article 8 . the commission shall submit its evaluation annually to the european parliament and the council


### the investment committee shall be composed of six independent experts and the managing director . independent experts shall have a high level of relevant market experience in project finance and be appointed by the steering board for a renewable fixed term of three years . ### the investment committee shall be composed of six independent experts , selected on the basis of their high level of relevant market knowledge and experience in project finance and in the sectoral areas covered by this regulation , and the managing director . the independent experts shall be appointed by the steering board , after approval by the competent parliamentary committee , for a fixed term of three years


### in the event of such redirection with the customer ' s explicit consent , the original version of the online interface shall remain easily accessible for that customer . ### in the event of such redirection , the version of the online interface which the consumer initially sought to access shall remain easily accessible by the consumer .


### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices , traders should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers . ### in order to increase the possibility for customers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency , including with respect to prices but not limited to them , traders or any other parties acting on their behalf , including intermediaries and operators of online interfaces for the purposes of access , should not , through the use of technological measures or otherwise , prevent customers from having full and equal access to online interfaces on the basis of their nationality , place of residence or place of establishment . such technological measures can encompass , but not be limited to , in particular , any technologies used to determine the physical location of the customer , including the tracking of that by means of ip address , surfing history and / or patterns , gsm tracking or localisation , coordinates obtained through a global navigation satellite system or data related to a payment transaction . however , that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with customers .


### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . ### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 3 , the trader shall provide a clear explanation to the customers concerned . that explanation shall be given in the language of the online interface that the customer first sought to access .


### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . ### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear explanation . that explanation shall be given in the language of the online interface that the customer originally sought to access .


### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to address direct as well as indirect discrimination , thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued . ### this regulation aims at preventing discrimination based on customers ' nationality , place of residence or place of establishment , including geo - blocking , in cross - border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the union . it seeks to prevent direct as well as indirect discrimination . by indirect discrimination it is understood the application of distinguishing criteria other than customer ' s nationality , place of residence or place of establishment which lead either deterministically or statistically to the same result as the direct application of those same criteria . it also covers unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on customers ' nationality , place of residence or place of establishment . such other criteria can be applied , in particular , on the basis of information indicating the physical location of customers , such as the ip address used when accessing an online interface , the address submitted for the delivery of goods , the choice language made or the member state where the customer ' s payment instrument has been issued .


### in order to realise the objective of ensuring good functioning of the internal market , as an area without internal frontiers in which the free movement of inter alia goods and services is ensured , it is not sufficient to abolish , as between member states , only state barriers . such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms . that occurs where traders operating in one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such customers from other member states , both online and offline . whereas there may sometimes be objective justifications for such differential treatment , in other cases traders deny consumers wishing to engage in cross - border commercial transactions access to goods or services , or apply different conditions in this regard , for purely commercial reasons . ### geo - blocking is where traders operating or providing services in more than one member state block or limit the access to their online interfaces , such as websites and apps , of customers from other member states wishing to engage in cross - border commercial transactions . it also occurs through other online actions by certain traders involving the application of different general conditions of access to their goods and services based solely on the customer ' s ip address . whereas there may sometimes be objective justifications for such differential treatment on account of the scale or nature of the business .


### the financial envelope for the implementation of the fund for the 2021 - 2027 period shall be eur 10 415 000 000 in current prices . ### the financial envelope for the implementation of the fund for the 2021 - 2027 period shall be eur 5 207 500 000 in current prices .


### considering the crucial role played by local and regional authorities and civil society organisations in the field of integration and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of integration by local and regional authorities or civil society organisations , including through the use of the thematic facility and through a higher co - financing rate for these actions . ### considering the crucial role that local and regional authorities in the field of assimilation could play and to facilitate the access of these entities to funding at union level , the fund should facilitate the implementation of actions in the field of assimilation by local and regional authorities , including through the use of the thematic facility and through a higher co - financing rate for these actions .


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


### in the context of the evolving migratory challenges characterised by the need to support strong reception , asylum , integration and migration systems of member states , prevent and adequately handle situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways , investing in efficient and coordinated migration management in the union is key to realising the union ' s objective of constituting an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the european union . ### in the context of the evolving migratory problems characterised by the need to support strong reception , asylum , integration and migration systems of member states , prevent and adequately handle situations of pressure and stop illegal arrivals , investing in efficient migration management in the union is key to realising the union ' s objective of constituting an area of freedom , security and justice pursuant to article 67 of the treaty on the functioning of the european union .


### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . ### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment . this kind of voluntary return is in the interests of both illegal migrant and the authorities in terms of its cost - effectiveness .


### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of irregular migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level . ### readmission agreements and other arrangements are an integral component of the union return policy and a central tool for the efficient management of migration flows , as they facilitate the swift return of illegal migrants . those agreements and arrangements are an important element in the framework of the dialogue and cooperation with third countries of origin and transit of illegal migrants and their implementation in third countries should be supported in the interests of effective return policies at national and union level .


### –integration measures implemented by local and regional authorities and civil - society organisations ; ### –assimilation measures implemented by local and regional authorities ;


### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster the integration of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of integration , and horizontal actions supporting member states’ capacities in the field of integration , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + . ### in order to increase efficiency , achieve the greatest union added value and to ensure the consistency of the union’s response to foster assimilation of third - country nationals , actions financed under the fund should be specific and complementary to actions financed under the european social fund plus and the european regional development fund . measures financed under this fund should support measures tailor - made to the needs of third - country nationals that are generally implemented in the early stage of assimilation , and horizontal actions supporting member states’ capacities in the field of assimilation , whereas interventions for third - country nationals with a longer - term impact should be financed under the erdf and esf + .


### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the member states of third - country nationals or stateless persons in need of international protection , expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries , helping achieve the union’s migration policy objectives by increasing the union’s leverage vis - à - vis third countries , and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries , the fund should provide financial incentives to the implementation of the union resettlement [ and humanitarian admission ] framework . ### partnerships and cooperation with third countries are an essential component of union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection . with the aim of expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries by direct support on the ground in the affected countries .


### to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries . ### to contribute to combat all facets of illegal migration and ensuring effective , prompt and human return of illegal migrants to third countries .


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


### to strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain , the instrument should support maritime operations of multipurpose character where the main objective is border surveillance but other objectives could additionally be pursued simultaneously . ### to strengthen the complementarity and to reinforce the consistency of maritime activities as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain , the instrument should support maritime operations of multipurpose character where the main objective is border surveillance but other objectives linked to it could additionally be pursued simultaneously , such as combating trafficking in human beings .


### information on social security systems should include , where relevant , sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights . ### information on social security systems to be provided should include information on the receiving social security institutions and proof of registration with the social security authorities . where relevant , it should include information on sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement , family benefits , or benefits in respect of accidents at work and occupational diseases . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights .


### the member states may entrust social partners with the implementation of this directive , where social partners jointly request to do so and as long as the member states take all the necessary steps to ensure that they can at all times guarantee the results sought under this directive . ### the member states should involve the social partners in the implementation of this directive , guaranteeing to them that they will take all the necessary steps to achieve the results sought under this directive .


### 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 a legally binding document , in paper or electronically , at the start of employment . the basic and essential information should reach them in written form , as stated above , on the first working day . any further information should be provided no later than 15 days after the start of the employment relationship .


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


### member states shall ensure that employers are required to inform workers of the essential aspects of the employment relationship . ### member states shall ensure that employers are required to inform workers at least of the essential aspects of the employment relationship .


### member states may provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the interest of the worker . ### member states may provide for longer probationary periods not exceeding six months in cases where this is justified by the nature of the employment or is in the interest of the worker .


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the procedure , including the length of the periods of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the periods of notice cannot be indicated when the information is given , the method for determining such periods of notice ;


### ‘ reference hours and days ' means time slots in specified days during which work can take place at the request of the employer . ### ' reference hours and days ' means time slots in specified days during which work can take place .


### workers whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients ' requests . ### workers with on - demand contracts or similar forms of employment whose work is unpredictable because the worker’s employment contract does not provide for a standard working day or week or where the volume of work is variable and is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients , should benefit from a minimum level of stability and predictability at work .


### 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 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 , exceptionally , be longer than three 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 .


### the purpose of this directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability . ### the purpose of this directive is to improve working conditions by promoting more secure , transparent and predictable employment while ensuring labour market adaptability .


### the minimum advance notice the worker shall receive before the start of a work assignment ; ### the minimum reasonable advance notice the worker shall receive before the start of work ;


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the procedure , including the length of the periods of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method and the formal requirements for determining such periods of notice , as well as the deadline for taking legal action contesting the dismissal ;


### member states shall ensure that where a worker ' s work schedule is entirely or mostly variable and entirely or mostly determined by the employer , the worker may be required to work by the employer only : ### member states shall ensure that where a worker ' s work schedule is entirely or mostly variable and entirely or mostly determined by the employer , or where the reference hours or days are variable , the worker may be required to work by the employer only :


### this directive lays down minimum rights that apply to every worker in the union . ### this directive lays down minimum rights that apply to every public and private sector worker in the union .


### information on social security systems should include , where relevant , sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights . ### employers should provide information about social security funds and proof of registration with the social security authorities and , where relevant , information on sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement , family benefits , or benefits in respect of accidents at work and occupational diseases . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights .


### 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 suspend the evaluation procedure .


### 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 suspend the evaluation process .


### 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 .


### 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 . ### 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 .


### where applicable , the conditions of use and specific labelling requirements , which do not mislead the consumer . ### the conditions of use and specific labelling requirements , which do not mislead the consumer .


### whether the history of safe food use in a third country is substantiated by reliable data submitted by the applicant in accordance with articles 13 and 15 ; ### whether the history of safe food use in a third country is substantiated by reliable independent scientific data submitted by the applicant in accordance with articles 13 and 15 ;


### 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 . ### where it is intended to replace another food , it differs from that food in such a way that its normal consumption would be advantageous for the consumer in nutritional , health , environmental and social terms .


### 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 .


### where the additional information referred to in paragraph 1 is not received within the extended period referred to in that paragraph , the commission shall act on the basis of the information already provided . ### where the additional information referred to in paragraph 1 is not received within the extended period referred to in that paragraph , the commission shall suspend the authorisation process .


### within four months from the date on which the valid notification is forwarded by the commission in accordance with paragraph 1 , a member state or efsa may submit to the commission reasoned safety objections , based on scientific evidence , to the placing on the market within the union of the traditional food concerned . ### within four months from the date on which the valid notification is forwarded by the commission in accordance with paragraph 1 , a member state or efsa may submit to the commission health safety and environmental and social impact objections , based on scientific data , to the placing on the market within the union of the traditional food concerned .


### the placing on the market within the union of traditional foods from third countries should be facilitated , where the history of safe food use in a third country has been demonstrated . those foods should have been consumed in a third country for at least 25 years as a part of the customary diet within a large part of the population of the country . the history of safe food use should not include non - food uses or uses not related to normal diets . ### the placing on the market within the union of traditional foods from third countries should be facilitated , where the history of safe food use in a third country has been demonstrated . those foods should have been consumed in a third country for at least 25 years as a part of the normal daily diet within a significant part of the population of the country . their safety assessment and management should take into account their history of safe food use in the third country , excluding non - food uses , uses not related to normal diets and uses for medical purposes . account should also be taken of the fact that the structure and properties of foods from third countries can vary according to climatic conditions .


### in assessing the safety of novel foods , efsa shall , where appropriate , consider the following : ### in assessing the safety of novel foods , efsa shall consider the following :


### it should be clarified that foods from third countries which are regarded as novel foods in the union should only be considered as traditional foods from third countries when they are derived from primary production as defined in article 3 of regulation no 178 / 2002 , regardless of whether or not they are processed or unprocessed foods . therefore , where a new production process has been applied to this food or where the food contains or consists of ‘ engineered nanomaterials’ as defined in article 2 of regulation no 1169 / 2011 , the food should not be considered to be traditional . ### it should be clarified that foods from third countries which are regarded as novel foods in the union should only be considered as traditional foods from third countries when they are derived from primary production as defined in article 3 of regulation no 178 / 2002 , regardless of whether or not they are processed or unprocessed foods . therefore , where a new production process has been applied to this food or where the food contains or consists of ‘ engineered nanomaterials’ , as defined in article 2 of regulation no 1169 / 2011 , which account for not less than 10% of the food by weight or volume , as calculated by adding together the percentages present in the individual ingredients , the food should not be considered to be traditional .


### where reasoned safety objections , based on scientific evidence , are submitted to the commission in accordance with paragraph 2 , the commission shall not authorise the placing on the market of the traditional food concerned nor update the union list . ### where reasoned safety or environmental and social impact objections , based on scientific data , are submitted to the commission in accordance with paragraph 2 , the commission shall not authorise the placing on the market of the traditional food concerned nor update the union list .


### in a context of rapid and profound changes induced by technological revolution and globalisation , investing in learning mobility , cooperation and innovative policy development in the fields of education , training , youth and sport is key to building inclusive , cohesive and resilient societies and sustaining the competitiveness of the union , while contributing to strengthening european identity and to a more democratic union . ### in a context of rapid and profound changes induced by technological revolution and globalisation , investing in learning mobility , cooperation and innovative policy development in the fields of education , training , youth and sport is key to building inclusive , cohesive and resilient societies and sustaining the competitiveness of the union , while contributing to strengthening european identity , principles and values and to a more democratic union .


### in order for suspects or accused persons who are deprived of liberty to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings , they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid . member states should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty and before any questioning , and it should be available at least until the competent authority has taken the decision on legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . ### in order for suspects or accused persons to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings , they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid . member states should therefore ensure that effective provisional legal aid is available without undue delay before the performance of any procedural step which , under national or european law , has to be carried out in the presence of a lawyer , and it should be available at least until the competent authority has taken the decision on legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for legal aid is granted , the appointment of the lawyer by the competent authority has taken effect .


### provisional legal aid shall be granted without undue delay after deprivation of liberty and in any event before questioning . ### provisional legal aid shall be granted without undue delay and in any event before questioning .


### in order for suspects or accused persons who are deprived of liberty to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings , they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid . member states should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty and before any questioning , and it should be available at least until the competent authority has taken the decision on legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . ### in order for suspects or accused persons to be in a position to exercise effectively the right of access to a lawyer as defined in directive 2013 / 48 / eu at the early stages of the proceedings , they should not have to wait for access to a lawyer pending the processing of the application for ordinary legal aid and the assessment of the eligibility criteria for ordinary legal aid . member states should therefore ensure that effective provisional legal aid is available without undue delay in accordance with that directive and it should be available until the competent authority has taken a decision on ordinary legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for ordinary legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . for the purpose of this directive , a decision on ordinary legal aid is considered to be final when any right to appeal or review with respect to that decision has been exhausted .


### suspects or accused persons in criminal proceedings , who are deprived of liberty ; ### suspected or accused persons in criminal proceedings ;


### proposal for a directive of the euro - pean parliament and of the council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in european arrest warrant proceedings ### proposal for a directive of the european parliament and of the council on legal aid for suspects or accused persons and legal aid in european arrest warrant proceedings


### provisional legal aid shall be granted without undue delay after deprivation of liberty and in any event before questioning . ### provisional legal aid shall be granted without undue delay and in any event before the performance of any procedural step which , under national or european law , has to be carried out in the presence of a lawyer .


### member states should be able to provide that the costs relating to provisional legal aid for suspects or accused persons deprived of liberty and costs relating to provisional legal aid for requested persons can be recovered from those persons if , in the subsequent assessment of whether they have a right to legal aid , they are found to not meet the criteria to benefit from legal aid under national law . ### member states should be able to provide that the costs relating to provisional legal aid for suspects or accused persons and costs relating to provisional legal aid for requested persons may be recovered from those persons if , in the subsequent assessment by the competent authority of whether they have a right to ordinary legal aid , they are found to not meet the criteria to benefit from ordinary legal aid under national law .


### the commission and the group of organisers may inform the signatories on the response to the initiative in accordance with article 17 and . ### the signatories shall be informed by the commission on the response to the initiative without undue delay , including via the organisers . for this purpose , the commission may inform the signatories in accordance with article 17 and .


### to achieve those objectives , the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate to the nature of this instrument . they should strike a judicious balance between rights and obligations . ### to achieve those objectives , the procedures and conditions required for the european citizens’ initiative should be effective , clear , simple , user - friendly and proportionate to the nature of this instrument . they should strike a judicious balance between rights and obligations .


### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories to provide citizens with information and assistance regarding the european citizens’ initiative . ### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide clear , accurate and complete information and legal and practical assistance to organisers and make publicly available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories , accessible to people with disabilities , to provide citizens with information as well as legal and practical assistance regarding the european citizens’ initiative .


### within one month of the submission of the initiative , the commission shall receive the group of organisers at an appropriate level to allow them to explain in detail the matters raised by the initiative . ### within one month of the submission of a valid initiative in relation to which statements of support have been collected and certified in accordance with articles 8 to 12 , the commission shall receive the group of organisers at an appropriate level to allow them to explain in detail the matters raised by the initiative .


### the commission shall be represented in the hearing at an appropriate level . ### the commission and council shall be represented in the hearings at an appropriate level . the presence of at least one member of the college of commissioners shall be assured at the hearings .


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should , in addition , have the right to present that initiative at a second public hearing at union level . the public hearing should be organised by the european parliament within three months from the submission of the initiative .


### 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 .


### tthe commission and the european parliament shall co - organize the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organise the public hearing at its premises . representatives of the commission and the council , the european economic social committee and the committee of the regions , as well as other institutions and advisory bodies of the union , representatives of civil society , social partners , and other interested stakeholders , including national parliaments , shall be given the opportunity to participate in the hearing . the hearing shall be web - streamed and publically available on the eci website thereafter . following the hearing , the european parliament shall hold a plenary debate on the initiative and decide whether to adopt a motion for a resolution . within 12 months of the issuance of the commission communication pursuant to article 15 , the eci organisers shall be entitled to request a second public hearing at the european parliament . the european parliament shall organise the second public hearing within three months of the submission of the request .


### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee and the committee of the regions . ### when the commission receives a valid initiative in respect of which the statements of support have been collected and certified in accordance with articles 8 to 12 , it shall publish without delay a notice to that effect in the register and transmit the initiative to the european parliament , the council , the european economic and social committee , the committee of the regions and the national parliaments .


### the commission shall make available an online register allowing groups of organisers to manage their initiative throughout the procedure . the register shall comprise a public website providing information on the european citizens’ initiative in general as well as on specific initiatives and their respective status . ### the commission shall make available an online register allowing groups of organisers to manage their initiative throughout the procedure . the register shall comprise a public website providing clear , accurate and complete information on the european citizens’ initiative in general as well as on specific initiatives and their respective status .


### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . ### where he or she refuses to register or only partially registers an initiative in accordance with paragraph 4 , the hearing officer shall provide clear , comprehensive and detailed information on the reasons for his or her assessment . the commission shall forward that information to the group of organisers and also inform them clearly and comprehensively of all possible judicial and extrajudicial remedies available to them .


### this regulation aims to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative as a tool to foster debate and citizen participation at union level , and to bring the union closer to its citizens . ### this regulation aims to make the european citizens’ initiative more accessible , less burdensome and easier to use for organisers and supporters , in order to achieve the full potential of the european citizens’ initiative and thus bolster the principle of democracy and the democratic functioning of the union , giving every citizen a general right to participate in its democratic procedures .


### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories to provide citizens with information and assistance regarding the european citizens’ initiative . ### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide clear , accurate and comprehensive information as well legal and practical assistance to organisers and make publicly available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories , accessible to people with disabilities , to provide citizens with information as well as legal and practical assistance regarding the european citizens’ initiative .


### the commission and the european parliament shall co - organise the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organise the public hearings at its premises . representatives of the other institutions and advisory bodies of the union , of the national parliaments and public stakeholders shall be given the opportunity to participate in the hearings .


### each member state shall establish one or more contact points to provide information and assistance to groups of organisers in setting up a european citizens’ initiative . ### each member state shall establish one or more contact points to provide information and practical and legal assistance to groups of organisers in setting up a european citizens’ initiative .


### they shall apply those provisions from [ … insert date - six years after the entry into force of this directive ] . ### they shall apply those provisions progressively , in relation to the life cycle of a product or a service and , in any case , no more than six years after the entry into force of this directive .


### the financial envelope for the implementation of the programme is set at eur 222 800 000 in current prices . ; ### the financial envelope for the implementation of the programme is set at eur 222 800 000 in current prices , of which eur 80 000000 shall be provided from the flexibility instrument under regulation no 1311 / 2013 ; resources allocated to the european structural and investment funds shall not be redeployed .


### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ; ### the general objective of the programme shall be to contribute to administrative and growth - sustaining structural reforms in the member states that are not based on wage devaluation by providing support to national , regional and local authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , sustainable job creation , social protection , public investment and the fight against poverty which will also prepare for participation in the euro area including through assistance for the efficient , effective and transparent use of the union funds . ;


### in order to meet the growing demand for support from member states , and in view of the need to support the implementation of structural reforms in member states whose currency is not the euro , the financial allocation for the programme should be increased to a sufficient level that allows the union to provide support that meets the needs of the requesting member states . ### in order to meet the growing demand for support from member states , and in view of the need to support the implementation of structural reforms in member states whose currency is not the euro , the financial allocation for the programme should be increased by using the flexibility instrument under council regulation no 1311 / 2013 to a sufficient level that allows the union to provide support that meets the needs of the requesting member states . it is important that resources allocated to the european structural and investment funds are not redeployed .


### the end - user has given his or her consent ; or ### all the end - user have given their consent ; or


### electronic communications data shall be confidential . any interference with electronic communications data , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or processing of electronic communications data , by persons other than the end - users , shall be prohibited , except when permitted by this regulation . ### electronic communications data shall be confidential . any interference with electronic communications data , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or any processing of electronic communications data regardless of whether this data is in transit or stored , by persons other than the end - users , shall be prohibited , except when permitted by this regulation .


### a clear and prominent notice is displayed informing of , at least , the modalities of the collection , its purpose , the person responsible for it and the other information required under article 13 of regulation 2016 / 679 where personal data are collected , as well as any measure the end - user of the terminal equipment can take to stop or minimise the collection . ### all relevant information about the intended processing is provided in clear and easily understandable language , provided separately from the terms and conditions of the provider ; the collection of such information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks , as set out in article 32 of regulation 2016 / 679 and supplemented with a mandatory data protection impact assessment .


### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific and transparent purposes . ### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes very sensitive data that may reveal details of the behaviour , psychological features , emotional condition and political and social preferences of an individual , including the content of communications , pictures , the location of individuals by accessing the gps capabilities of their device , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . information related to the end - user ' s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ' device fingerprinting ' , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . furthermore , so - called spyware , web bugs , hidden identifiers and unwanted tracking tools can enter end - users ' terminal equipment without their knowledge in order to gain access to information or to store hidden information . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users ' terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific and transparent purposes . end - users should receive all relevant information about the intended processing in clear and easily understandable language . such information should be provided separately from the terms and conditions of the service .


### 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 strictly 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 only and only to the extent that the purpose concerned could not be fulfilled by processing information that is made anonymous .


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### the use by natural or legal persons of electronic communications services , including voice - to - voice calls , automated calling and communications systems , including semi - automated systems that connect the call person to an individual , faxes , e - mail or other use of electronic communications services for the purposes of presenting unsolicited or direct marketing communications to end - users , shall be allowed only in respect of end - users who have given their prior consent .


### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in article 23 to of regulation 2016 / 679 or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . ### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction is limited to a range of targets based on reasonable suspicion , respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard national security , defence , public security , and the prevention , investigation , detection and prosecution of serious criminal offences or unauthorised use of electronic communication systems , and the request is done following a prior judicial authorization .


### electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged and the information concerning an end - user of electronic communications services processed for the purposes of transmitting , distributing or enabling the exchange of electronic communications content ; including data to trace and identify the source and destination of a communication , geographical location and the date , time , duration and the type of communication . whether such signals and the related data are conveyed by wire , radio , optical or electromagnetic means , including satellite networks , cable networks , fixed and mobile terrestrial networks , electricity cable systems , the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this regulation . electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting , distributing or exchanging electronic communications content . ### electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged and the information concerning an end - user of electronic communications services processed for the purposes of transmitting , distributing or enabling the exchange of electronic communications content ; including data to trace and identify the source and destination of a communication , geographical location and the date , time , duration and the type of communication . it should also include location data , such as for example the actual or inferred location of the terminal equipment , the location of the terminal equipment from or to which a phone call or an internet connection has been made , or the wi - fi hotspot that a device is connected to , as well as data necessary to identify the terminal equipment of end - users . whether such signals and the related data are conveyed by wire , radio , optical or electromagnetic means , including satellite networks , cable networks , fixed and mobile terrestrial networks , electricity cable systems , the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this regulation . electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting , distributing or exchanging electronic communications content .


### 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 . ### the settings of all the components of the terminal equipment placed on the market , including both software and hardware , shall be configured by default to prevent third parties from storing information , processing information already stored in the terminal equipment and preventing the use by third parties of the equipment ' s processing capabilities .


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications data or make that data anonymous when it is no longer strictly necessary for the exchange of the communications .


### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; ### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including but not limited to , data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; it includes data broadcast or emitted by the terminal equipment to identify end - users ' communications and / or terminal equipment in the network and enable it to connect to such network or to another device .


### 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 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 . they shall keep detailed and secure records , in relation to all these requests .


### it is necessary for providing an information society service requested by the end - user ; or ### it is strictly necessary for providing an information society service requested by the end - user ; or


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ‘ direct marketing communications’ means any form of advertising or similar promotion , sent , directed or presented to one or more identified or identifiable end - users over an of electronic communications network , including the use of automated calling and communication systems with or without human interaction , targeted advertising on social media platforms , electronic mail , facsimile , sms , etc . ;


### 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 . communications software should be set by default to the most privacy friendly option . 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 one way of accessing and sending information on the internet . 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 .


### 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 . communications software should be set by default to the most privacy - friendly option . the choices made by all end - users when establishing their general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are one way of accessing and sending information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have similar capabilities .


### the representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation . ### the representative shall be authorised by the provider to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , courts and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation and shall be provided with any relevant information to that end by the provider , to the extent that the provider does not answer the questions or provide the information directly .


### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific and transparent purposes . ### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device ' s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities or to instigate certain technical operations or tasks , often without the knowledge of the user . information related to the end - user ' s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ' device fingerprinting ' , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users ' terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific , limited , and transparent purposes


### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific and transparent purposes . ### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities or to instigate certain technical operations or tasks , often without the knowledge of the user . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . a high and equal level of protection of the private sphere of users’ needs to be ensured in relation to the privacy and confidentiality of users’ terminal equipment content , functioning and use . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific , limited , and transparent purposes .


### safeguards should be provided to protect end - users against unsolicited communications for direct marketing purposes , which intrude into the private life of end - users . the degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications , whether using automated calling and communication systems , instant messaging applications , emails , sms , mms , bluetooth , etc . it is therefore justified to require that consent of the end - user is obtained before commercial electronic communications for direct marketing purposes are sent to end - users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons . legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future - proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications , while at the same time guaranteeing an equivalent level of protection for all citizens throughout the union . however , it is reasonable to allow the use of e - mail contact details within the context of an existing customer relationship for the offering of similar products or services . such possibility should only apply to the same company that has obtained the electronic contact details in accordance with regulation 2016 / 679 . ### safeguards should be provided to protect end - users against unsolicited communications for direct marketing purposes , which intrude into the private life of end - users . the degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications , whether using automated calling and communication systems , instant messaging applications , emails , sms , mms , bluetooth , etc . it is therefore justified to require that consent of the end - user is obtained before commercial electronic communications for direct marketing purposes are sent to end - users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons . legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future - proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications , while at the same time guaranteeing an equivalent level of protection for all citizens throughout the union . however , it is reasonable to allow the use of e - mail contact details within the context of an existing customer relationship for the offering of similar products or services . such possibility should only apply to the same company that has obtained the electronic contact details in accordance with regulation 2016 / 679 and only for a limited time period .


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ' accept all cookies ' . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent by default the cross - domain tracking and storing of information on the terminal equipment by other parties ; this is often presented as ' reject third party trackers and cookies ' . end - users should be offered , by default , a set of privacy setting options , ranging from higher to lower and intermediate . these options may also be more fine - grained . privacy settings should also include options to allow the user to decide for example , whether flash , javascript or similar software can be executed , if a website can collect geo - location data from the user , or if it can access specific hardware such as a webcam or microphone . such privacy settings should be presented in an easily visible , objective and intelligible manner .


### where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point of article 6 , the relevant metadata may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law . ### where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point of article 6 , the data which is strictly necessary may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law .


### if all end - users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority . ### in cases covered by point a of article 6 , the provider shall consult the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority .


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ‘ direct marketing communications’ means any form of advertising or similar promotion sent , directed or presented to one or more identified or identifiable end - users over an electronic communications network , including the use of automated calling and communication systems with or without human interaction , targeted advertising on social media platforms , electronic mail , facsimile , sms , etc . ;


### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or ### it is strictly necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , unlawful use of , or subscription to , electronic communications services ; or


### it is necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or ### it is strictly necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or