### (2) this regulation is without prejudice to specific provisions in other union legal acts regarding access to or re-use of certain categories of data , or requirements related to processing of personal or non-personal data. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act shall also apply. ### (2) this regulation is without prejudice to specific provisions in other union legal acts or national law regarding access to or re-use of certain categories of data , or requirements related to processing of personal or non-personal data. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act shall also apply.


### (2) this regulation is without prejudice to specific provisions in other union legal acts regarding access to or re-use of certain categories of data , or requirements related to processing of personal or non-personal data. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act shall also apply. ### (2) this regulation is without prejudice to specific provisions in other union legal acts regarding access to or re-use of certain categories of data , or requirements related to processing of personal or non-personal data and does not weaken the level of data protection. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act shall also apply.


### (2) this regulation is without prejudice to specific provisions in other union legal acts regarding access to or re-use of certain categories of data , or requirements related to processing of personal or non-personal data. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act shall also apply. ### (2) this regulation is without prejudice to specific provisions in other union legal acts regarding access to or re-use of certain categories of data , or requirements related to processing of personal or non-personal data. where a sector-specific union legal act requires public sector bodies , providers of data intermediation services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act shall also apply.


### (10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them , or permissions of other data holders to allow the use of their non-personal data without seeking a reward , for purposes of general interest , such as scientific research purposes or improving public services; ### (10) ‘data altruism’ means the voluntary sharing of data by data holders or the consent to data sharing by data subjects without seeking or receiving a reward , for purposes of general interest , such as scientific research purposes , policy making or improving public services;


### (10) ‘data altruism’ means the consent by data subjects to process personal data pertaining to them , or permissions of other data holders to allow the use of their non-personal data without seeking a reward , for purposes of general interest , such as scientific research purposes or improving public services; ### (10) ‘data altruism’ means the voluntary sharing of data by data subjects or their consent to process personal data pertaining to them , or permissions of other data holders to allow the use of their non-personal data without seeking or receiving a reward , for purposes of general interest , such as scientific research purposes , policy making or improving public services;


### (14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner that allows for the operator of the secure processing environment to determine and supervise all data processing actions , including to display , storage , download , export of the data and calculation of derivative data through computational algorithms. ### (14) ‘secure processing environment’ means the physical or virtual environment and organisational means to provide the opportunity to re-use data in a manner that ensures compliance with applicable legislation , in particular the preservation of data subject rights under regulation (eu) 2016/679 , and that allows for the operator of the secure processing environment to determine and supervise all data processing actions , including to display , storage , download , export of the data and calculation of derivative data through computational algorithms.


### (1) agreements or other practices pertaining to the re-use of data held by public sector bodies containing categories of data referred to in article 3 (1) which grant exclusive rights or which have as their object or effect to grant such exclusive rights or to restrict the availability of data for re-use by entities other than the parties to such agreements or other practices shall be prohibited. ### (1) agreements or other practices pertaining to the re-use of data held by public sector bodies containing categories of data referred to in article 3 (1) which grant exclusive rights or which have as their object or effect to grant such exclusive rights or to restrict the availability of data for re-use by entities other than the parties to such agreements or other practices shall be prohibited. agreements or other practices , which restrict the re-use of data which has been licensed or otherwise provided to a public sector body by a commercial data holder , are not subject to this article.


### (1) agreements or other practices pertaining to the re-use of data held by public sector bodies containing categories of data referred to in article 3 (1) which grant exclusive rights or which have as their object or effect to grant such exclusive rights or to restrict the availability of data for re-use by entities other than the parties to such agreements or other practices shall be prohibited. ### (1) agreements or other practices pertaining to the re-use of data held by public sector bodies containing categories of data referred to in article 3 (1) which grant exclusive rights or which have as their object or effect to grant such exclusive rights or to restrict the availability of data for re-use by entities other than the parties to such agreements or other practices shall be prohibited. such agreements or practices and the exclusive rights granted pursuant to them shall be void.


### (5) the period of exclusivity of the right to re-use data shall not exceed three years. where a contract is concluded , the duration of the contract awarded shall be as aligned with the period of exclusivity. ### (5) the period of exclusivity of the right to re-use data shall not exceed 12 months. that period may be extended by 12 months , subject to the approval by the competent body referred to in article 7(1). where a contract is concluded , the duration of the contract awarded shall be as aligned with the period of exclusivity.


### (7) agreements or other practices falling within the scope of the prohibition in paragraph 1 , which do not meet the conditions set out in paragraph 2 , and which were concluded before the date of entry into force of this regulation shall be terminated at the end of the contract and in any event at the latest within three years after the date of entry into force of this regulation. ### (7) agreements or other practices falling within the scope of the prohibition in paragraph 1 , which do not meet the conditions set out in paragraph 2 , and which were concluded before the date of entry into force of this regulation shall be terminated at the end of the contract and in any event at the latest within two years after the date of entry into force of this regulation.


### (2) conditions for re-use shall be non-discriminatory , proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. these conditions shall not be used to restrict competition. ### (2) conditions for re-use shall be non-discriminatory , transparent , proportionate and objectively justified with regard to categories of data and purposes of re-use and the nature of the data for which re-use is allowed. these conditions shall not be used to restrict competition , including by being constructed in a way that poses restrictions for smes , start-ups or civil society actors to participate in the data economy.


### (3) public sector bodies may impose an obligation to re-use only pre-processed data where such pre-processing aims to anonymize or pseudonymise personal data or delete commercially confidential information , including trade secrets. ### (3) public sector bodies shall comply with the obligations under union law for preserving the protection of data. to this end , public sector bodies may impose an obligation to re-use only pre-processed data that has been anonymised or pseudonymised in the case of personal data , or delete commercially confidential information , including trade secrets.


### (4) public sector bodies may impose obligations ### (4) public sector bodies may impose obligations in duly justified cases


### (4) public sector bodies may impose obligations ### (4) in duly justified cases , public sector bodies may impose obligations


### to access and re-use the data within a secure processing environment provided and controlled by the public sector ; ### to access and re-use the data remotely within a secure processing environment provided and controlled by the public sector ;


### (5) the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. the public sector body shall be able to verify any results of processing of data undertaken by the re-user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. ### (5) the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used in line with the latest technical cybersecurity standards. the public sector body shall be able to verify any results of processing of data undertaken by the re-user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. a public sector body shall not make commercially confidential data available for re-use unless it is able to do so in a manner , which protects the legitimate commercial interests of third parties related to commercially confidential data. public sector bodies shall be equipped with the necessary human and financial resources for monitoring and law enforcement.


### (5) the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment used. the public sector body shall be able to verify any results of processing of data undertaken by the re-user and reserve the right to prohibit the use of results that contain information jeopardising the rights and interests of third parties. ### (5) the public sector bodies shall impose conditions that preserve the integrity of the functioning of the technical systems of the secure processing environment , used in compliance with high level cybersecurity standards. the public sector body shall be able to verify any results of processing of data undertaken by the re-user and reserve the right , after giving the re-user the possibility to provide further information , to prohibit the use of results that contain information jeopardising the rights and interests of third parties , such as intellectual property rights , trade secrets or rights referred to in regulation (eu) 2016/679.


### (6) where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under regulation (eu) 2016/679 , the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use , where it is feasible without disproportionate cost for the public sector. in that task they may be assisted by the competent bodies referred to in article 7 (1). ### (6) where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under regulation(eu) 2016/679 , the public sector body shall support re-users in seeking consent of the data subjects and/or permission from data holders whose rights and interests may be affected by such re-use , where it is feasible without disproportionate cost for the public sector. in that task they may be assisted by the competent bodies referred to in article 7 (1).


### (6) where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under regulation (eu) 2016/679 , the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use , where it is feasible without disproportionate cost for the public sector. in that task they may be assisted by the competent bodies referred to in article 7 (1). ### (6) where the re-use of data cannot be granted in accordance with the obligations laid down in paragraphs 3 to 5 and there is no other legal basis for transmitting the data under regulation (eu) 2016/679 , the public sector body shall support re-users in seeking consent of the data subjects and/or permission from the legal entities whose rights and interests may be affected by such re-use , where it is feasible without disproportionate cost for the public sector. to this end , the public sector bodies shall be equipped with the necessary human and financial resources to carry out their duties in an effective and efficient way. in that task they may be assisted by the competent bodies referred to in article 7 (1).


### (9) the commission may adopt implementing acts declaring that the legal , supervisory and enforcement arrangements of a third country: ### (9) when duly justified by a substantial number of cases across the union concerning the re-use of non-personal data in specific third countries , the commission may adopt implementing acts declaring that the legal , supervisory and enforcement arrangements of a third country:


### (4) where they apply fees , public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in article 3 (1) for non-commercial purposes and by small and medium-sized enterprises in line with state aid rules. ### (4) where they apply fees , public sector bodies shall take measures to incentivise the re-use of the categories of data referred to in article 3 (1) for non-commercial purposes and by small and medium-sized enterprises in line with state aid rules. in that regard , public sector bodies may also make the data available for a discounted fee or free of charge , in particular to smes and start-ups , civil society actors and educational establishments.


### (4) the competent body or bodies shall have adequate legal and technical capacities and expertise to be able to comply with relevant union or national law concerning the access regimes for the categories of data referred to in article 3 (1). ### (4) the competent body or bodies shall have adequate legal and technical capacities and expertise to be able to comply with relevant union or national law concerning the access regimes for the categories of data referred to in article 3 (1). the competent body or bodies should be equipped with the necessary human and financial resources to carry out their duties in effective and efficient way.


### (4) the competent body or bodies shall have adequate legal and technical capacities and expertise to be able to comply with relevant union or national law concerning the access regimes for the categories of data referred to in article 3 (1). ### (4) the competent body or bodies shall have adequate legal and technical capacities and expertise to be able to comply with relevant union or national law concerning the access regimes for the categories of data referred to in article 3 (1). the competent body or bodies should be equipped with the necessary human and financial resources to carry out their duties in an effective and efficient way.


### (2) this chapter shall be without prejudice to the application of other union and national law to providers of data sharing services , including powers of supervisory authorities to ensure compliance with applicable law , in particular as regard the protection of personal data and competition law. ### (2) this regulation shall be without prejudice to the application of other union and national law to providers of data sharing services , including powers of supervisory authorities to ensure compliance with applicable law , in particular as regard the protection of personal data and competition law.


### (2) this chapter shall be without prejudice to the application of other union and national law to providers of data sharing services , including powers of supervisory authorities to ensure compliance with applicable law , in particular as regard the protection of personal data and competition law. ### (2) this chapter shall be without prejudice to the application of other union and national law to providers of data intermediation services , including powers of supervisory authorities to ensure compliance with applicable law , in particular as regard the protection of personal data and competition law.


### (1) any provider of data sharing services who intends to provide the services referred to in article 9 (1) shall submit a notification to the competent authority referred to in article 12. ### (1) any provider of data intermediation services who intends to provide the services referred to in article 9 (1) shall submit a notification to the competent authority referred to in article 12.


### (3) a provider of data sharing services that is not established in the union , but offers the services referred to in article 9 (1) within the union , shall appoint a legal representative in one of the member states in which those services are offered. the provider shall be deemed to be under the jurisdiction of the member state in which the legal representative is established. ### (3) a provider of data intermediation services that is not established in the union , but offers the services referred to in article 9 (1) within the union , shall appoint a legal representative in one of the member states in which those services are offered. the provider shall be deemed to be under the jurisdiction of the member state in which the legal representative is established.


### (10) the competent authority may charge fees. such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance and other market control activities of the competent authorities in relation to notifications of data sharing services. ### (10) the competent authority may charge fees. such fees shall be proportionate and objective and be based on the administrative costs related to the monitoring of compliance and other market control activities of the competent authorities in relation to notifications of data intermediation services.


### (2) the metadata collected from the provision of the data sharing service may be used only for the development of that service; ### (2) the metadata collected from the provision of the data intermediation service may be used only for the development of that service;


### (8) the provider shall take measures to ensure a high level of security for the storage and transmission of non-personal data; ### (8) the data intermediary shall take measures to ensure a high level of security , including state-of-the-art cybersecurity standards for the storage and transmission of non-personal data;


### (1) each member state shall designate in its territory one or more authorities competent to carry out the tasks related to the notification framework and shall communicate to the commission the identity of those designated authorities by [date of application of this regulation]. it shall also communicate to the commission any subsequent modification. ### (1) each member state shall designate in its territory one or more authorities competent to carry out the tasks related to the notification framework and shall communicate to the commission the names of those designated authorities by [date of application of this regulation]. it shall also communicate to the commission any subsequent modification.


### (3) where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in article 10 or 11 , it shall notify that provider of those findings and give it the opportunity to state its views , within a reasonable time limit. ### (3) where the competent authority finds that a provider of data sharing services does not comply with one or more of the requirements laid down in this chapter , it shall notify that provider of those findings and give it the opportunity to state its views , within a reasonable time limit.


### the entity’s main sources of income; ### the entity’s sources of income;


### (2) the entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing. ### (2) the entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing. safeguards shall be provided to ensure that misleading marketing practices are not used to solicit donations of data. sanctions shall be provided when acting against the general public interest.


### (2) the entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing. ### (2) the entity shall also ensure that the data is not be used for other purposes than those of general interest for which it permits the processing. safeguards should be provided to ensure that misleading marketing practices are not used to solicit donations of data.


### (1) in order to facilitate the collection of data based on data altruism , the commission may adopt implementing acts developing a european data altruism consent form. the form shall allow the collection of consent across member states in a uniform format. those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 29 (2). ### (1) in order to facilitate the collection of data based on data altruism , the commission may adopt implementing acts developing a european data altruism consent form , following consultation of the european data protection board. the form shall allow the collection of consent across member states in a uniform format. those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 29 (2).


### to advise the commission on the prioritisation of cross-sector standards to be used and developed for data use and cross-sector data sharing , cross-sectoral comparison and exchange of best practices with regards to sectoral requirements for security , access procedures , while taking into account sector-specific standardisations activities; ### to advise the commission on the prioritisation of cross-sector standards to be used and developed for data use and cross-sector data sharing , cross-sectoral comparison and exchange of best practices with regards to sectoral requirements for security , access procedures , while taking into account sector-specific standardisations activities; it should also assist the commission in setting technical guidelines for anonymization;


### to assist the commission in enhancing the interoperability of data as well as data sharing services between different sectors and domains , building on existing european , international or national standards; ### to advise and assist the commission in enhancing the interoperability of data as well as data sharing services between different sectors and domains , building on existing european , international or national standards; to do its utmost to guarantee interoperability within the sector but also across sectors to facilitate data sharing.


### to assist the commission in enhancing the interoperability of data as well as data sharing services between different sectors and domains , building on existing european , international or national standards; ### to advise and assist the commission in addressing fragmentation of the data economy in the single market by enhancing the interoperability of data as well as data intermediation services between different sectors and domains , building on existing european , international or national standards;


### to facilitate the cooperation between national competent authorities under this regulation through capacity-building and the exchange of information , in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations. ### to facilitate the cooperation between national competent authorities under this regulation through capacity-building and the exchange of information , in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations; to advise and assist in developing and preserving a consistent practice in relation to the code of conduct of data altruism organisations throughout the union.


### to facilitate the cooperation between national competent authorities under this regulation through capacity-building and the exchange of information , in particular by establishing methods for the efficient exchange of information relating to the notification procedure for data sharing service providers and the registration and monitoring of recognised data altruism organisations. ### to facilitate the cooperation between national competent authorities under this regulation through capacity-building and the exchange of information , in particular by establishing methods for the efficient exchange of information relating to the notification procedure for providers of data intermediation services and the registration and monitoring of recognised data altruism organisations.


### (2) any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a public sector body , a natural or legal person to which the right to re-use data was granted under chapter 2 , a data sharing provider or entity entered in the register of recognised data altruism organisations to transfer from or give access to non-personal data subject to this regulation in the union may only be recognised or enforceable in any manner if based on an international agreement , such as a mutual legal assistance treaty , in force between the requesting third country and the union or any such agreement between the requesting third country and a member state concluded before [the entry into force of this regulation]. ### (2) any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a public sector body , a natural or legal person to which the right to re-use data was granted under chapter 2 , a provider of data intermediation services or entity entered in the register of recognised data altruism organisations to transfer from or give access to non-personal data subject to this regulation in the union may only be recognised or enforceable in any manner if based on an international agreement , such as a mutual legal assistance treaty , in force between the requesting third country and the union or any such agreement between the requesting third country and a member state concluded before [the entry into force of this regulation].


### (18) in order to prevent unlawful access to non-personal data , public sector bodies , natural or legal persons to which the right to re-use data was granted , data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored , including encryption of data or corporate policies. ### (18) in order to prevent unlawful access to non-personal data , public sector bodies , natural or legal persons to which the right to re-use data was granted , data intermediation providers and entities entered in the register of recognised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored , including encryption of data , cybersecurity measures or corporate policies.


### (18) in order to prevent unlawful access to non-personal data , public sector bodies , natural or legal persons to which the right to re-use data was granted , data sharing providers and entities entered in the register of recognised data altruism organisations should take all reasonable measures to prevent access to the systems where non-personal data is stored , including encryption of data or corporate policies. ### (18) in order to prevent unlawful access to non-personal data , public sector bodies , natural or legal persons to which the right to re-use data was granted , data sharing providers and entities entered in the register of recognised data altruism organisations should take all the necessary measures to prevent access to the systems where non-personal data is stored , including encryption of data or corporate policies.


### (27) in order to ensure the compliance of the providers of data sharing services with the conditions set out in this regulation , such providers should have a place of establishment in the union. alternatively , where a provider of data sharing services not established in the union offers services within the union , it should designate a representative. designation of a representative is necessary , given that such providers of data sharing services handle personal data as well as commercially confidential data , which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this regulation. in order to determine whether such a provider of data sharing services is offering services within the union , it should be ascertained whether it is apparent that the provider of data sharing services is planning to offer services to persons in one or more member states. the mere accessibility in the union of the website or of an email address and of other contact details of the provider of data sharing services , or the use of a language generally used in the third country where the provider of data sharing services is established , should be considered insufficient to ascertain such an intention. however , factors such as the use of a language or a currency generally used in one or more member states with the possibility of ordering services in that other language , or the mentioning of users who are in the union , may make it apparent that the provider of data sharing services is planning to offer services within the union. the representative should act on behalf of the provider of data sharing services and it should be possible for competent authorities to contact the representative. the representative should be designated by a written mandate of the provider of data sharing services to act on the latter's behalf with regard to the latter's obligations under this regulation. ### (27) in order to ensure the compliance of the providers of data intermediation services with the conditions set out in this regulation , such providers should have a place of establishment in the union. alternatively , where a provider of data intermediation services not established in the union offers services within the union , it should designate a representative. designation of a representative is necessary , given that such providers of data intermediation services handle personal data as well as commercially confidential data , which necessitates the close monitoring of the compliance of such service providers with the conditions laid out in this regulation. in order to determine whether such a provider of data intermediation services is offering services within the union , it should be ascertained whether it is apparent that the provider of data intermediation services is planning to offer services to persons in one or more member states. the mere accessibility in the union of the website or of an email address and of other contact details of the provider of data intermediation services , or the use of a language generally used in the third country where the provider of data intermediation services is established , should be considered insufficient to ascertain such an intention. however , factors such as the use of a language or a currency generally used in one or more member states with the possibility of ordering services in that other language , or the mentioning of users who are in the union , may make it apparent that the provider of data intermediation services is planning to offer services within the union. the representative should act on behalf of the provider of data intermediation services and it should be possible for competent authorities to contact the representative. the representative should be designated by a written mandate of the provider of data intermediation services to act on the latter's behalf with regard to the latter's obligations under this regulation.


### (28) this regulation should be without prejudice to the obligation of providers of data sharing services to comply with regulation (eu) 2016/679 and the responsibility of supervisory authorities to ensure compliance with that regulation. where the data sharing service providers are data controllers or processors in the sense of regulation (eu) 2016/679 they are bound by the rules of that regulation. this regulation should be also without prejudice to the application of competition law. ### (28) this regulation should be without prejudice to the obligation of providers of data sharing services to comply with regulation (eu) 2016/679 and the responsibility of supervisory authorities to ensure compliance with that regulation. where the data sharing service providers are data controllers or processors in the sense of regulation (eu) 2016/679 they are bound by the rules of that regulation. this regulation should not affect the protection of personal data under regulation (eu) 2016/679. this regulation should be also without prejudice to the application of competition law.


### (28) this regulation should be without prejudice to the obligation of providers of data sharing services to comply with regulation (eu) 2016/679 and the responsibility of supervisory authorities to ensure compliance with that regulation. where the data sharing service providers are data controllers or processors in the sense of regulation (eu) 2016/679 they are bound by the rules of that regulation. this regulation should be also without prejudice to the application of competition law. ### (28) this regulation should be without prejudice to the obligation of providers of data intermediation services to comply with regulation (eu) 2016/679 and the responsibility of supervisory authorities to ensure compliance with that regulation. where the providers of data intermediation services are data controllers or processors in the sense of regulation (eu) 2016/679 they are bound by the rules of that regulation. this regulation should be also without prejudice to the application of competition law.


### requirements applicable to data sharing services ### requirements applicable to data intermediation services


### providers of data sharing services ### providers of data intermediation services


### notification of data sharing service providers ### notification of data intermediation service providers


### (2) for the purposes of this regulation , a provider of data sharing services with establishments in more than one member state , shall be deemed to be under the jurisdiction of the member state in which it has its main establishment. ### (2) for the purposes of this regulation , a provider of data intermediation services with establishments in more than one member state , shall be deemed to be under the jurisdiction of the member state in which it has its main establishment.


### conditions for providing data sharing services ### conditions for providing data intermediation services


### the provision of data sharing services referred in article 9 (1) shall be subject to the following conditions: ### the provision of data intermediation services referred in article 9 (1) shall be subject to the following conditions:


### (1) the provider may not use the data for which it provides services for other purposes than to put them at the disposal of data users and data sharing services shall be placed in a separate legal entity; ### (1) the provider may not use the data for which it provides services for other purposes than to put them at the disposal of data users and data intermediation services shall be placed in a separate legal entity;


### (11) where a provider provides tools for obtaining consent from data subjects or permissions to process data made available by legal persons , it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place. ### (11) where a provider provides tools for obtaining consent from data subjects or permissions to process data made available by data holders , it shall specify the jurisdiction or jurisdictions in which the data use is intended to take place and provide data subjects with tools to withdraw consent.


### (2) the competent authority shall have the power to request from providers of data sharing services all the information that is necessary to verify compliance with the requirements laid down in articles 10 and 11. any request for information shall be proportionate to the performance of the task and shall be reasoned. ### (2) the competent authority shall have the power to request from providers of data sharing services all the information that is necessary to verify compliance with the requirements laid down in this chapter. any request for information shall be proportionate to the performance of the task and shall be reasoned.


### (2) each member state shall inform the commission of the identity of the designated authorities. ### (2) each member state shall inform the commission of the name of the designated authorities.


### (3) the competent authority shall undertake its tasks in cooperation with the data protection authority , where such tasks are related to processing of personal data , and with relevant sectoral bodies of the same member state. for any question requiring an assessment of compliance with regulation (eu) 2016/679 , the competent authority shall first seek an opinion or decision by the competent supervisory authority established pursuant to that regulation and comply with that opinion or decision. ### (3) the competent authorities shall undertake their tasks in cooperation with the data protection authority , where such tasks are related to processing of personal data , and with relevant sectoral bodies of the same member state. for any question requiring an assessment of compliance with regulation (eu) 2016/679 , the competent authority shall first seek an opinion or decision by the competent supervisory authority established pursuant to that regulation and comply with that opinion or decision.


### to advise and assist the commission in developing a consistent practice of the competent authorities in the application of requirements applicable to data sharing providers; ### to advise and assist the commission in developing a consistent practice of the competent authorities in the application of requirements applicable to providers of data intermediation services;


### (5) the public sector body , the natural or legal person to which the right to re-use data was granted under chapter 2 , the data sharing provider and the entity providing data altruism shall inform the data holder about the existence of a request of an administrative authority in a third-country to access its data , except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity. ### (5) the public sector body , the natural or legal person to which the right to re-use data was granted under chapter 2 , the provider of data intermediation services and the entity providing data altruism shall inform the data holder about the existence of a request of an administrative authority in a third-country to access its data , except in cases where the request serves law enforcement purposes and for as long as this is necessary to preserve the effectiveness of the law enforcement activity.


### (16) in cases where there is no implementing act adopted by the commission in relation to a third country declaring that it provides a level of protection , in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights , which is essentially equivalent to that provided by union or national law , the public sector body should only transmit protected data to a re-user , if the re-user undertakes obligations in the interest of the protection of the data. the re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this regulation even after the data has been transferred to the third country. to ensure the proper enforcement of such obligations , the re-user should also accept the jurisdiction of the member state of the public sector body that allowed the re-use for the judicial settlement of disputes. ### (16) in cases where a third-country is not included in the list adopted by the commission by means of delegated acts identifying the third-countries that provide a level of protection , in particular as regards the protection of commercially sensitive data and the protection of intellectual property rights , which is essentially equivalent to that provided by union or national law , the public sector body should only transmit protected data to a re-user , if the re-user undertakes obligations in the interest of the protection of the data. the re-user that intends to transfer the data to such third country should commit to comply with the obligations laid out in this regulation even after the data has been transferred to the third country. to ensure the proper enforcement of such obligations , the re-user should also accept the jurisdiction of the member state of the public sector body that allowed the re-use for the judicial settlement of disputes. in that regard , the public sector bodies or the competent bodies should , to the extent of their capabilities , provide guidance and legal administrative support to re-users , especially small actors , such as sme , start-ups and civil society actors , for the purpose of supporting them in complying with those obligations.


### (29) providers of data sharing services should also take measures to ensure compliance with competition law. data sharing may generate various types of efficiencies but may also lead to restrictions of competition , in particular where it includes the sharing of competitively sensitive information. this applies in particular in situations where data sharing enables businesses to become aware of market strategies of their actual or potential competitors. competitively sensitive information typically includes information on future prices , production costs , quantities , turnovers , sales or capacities. ### (29) providers of data intermediation services should also take measures to ensure compliance with competition law. data sharing may generate various types of efficiencies but may also lead to restrictions of competition , in particular where it includes the sharing of competitively sensitive information. this applies in particular in situations where data sharing enables businesses to become aware of market strategies of their actual or potential competitors. competitively sensitive information typically includes information on future prices , production costs , quantities , turnovers , sales or capacities.


### (30) a notification procedure for data sharing services should be established in order to ensure a data governance within the union based on trustworthy exchange of data. the benefits of a trustworthy environment would be best achieved by imposing a number of requirements for the provision of data sharing services , but without requiring any explicit decision or administrative act by the competent authority for the provision of such services. ### (30) a notification procedure for data intermediation services should be established in order to ensure a data governance within the union based on trustworthy exchange of data. the benefits of a trustworthy environment would be best achieved by imposing a number of requirements for the provision of data intermediation services , but without requiring any explicit decision or administrative act by the competent authority for the provision of such services.


### (31) in order to support effective cross-border provision of services , the data sharing provider should be requested to send a notification only to the designated competent authority from the member state where its main establishment is located or where its legal representative is located. such a notification should not entail more than a mere declaration of the intention to provide such services and should be completed only by the information set out in this regulation. ### (31) in order to support effective cross-border provision of services , the data intermediation provider should be requested to send a notification only to the designated competent authority from the member state where its main establishment is located or where its legal representative is located. such a notification should not entail more than a mere declaration of the intention to provide such services and should be completed only by the information set out in this regulation.


### (32) the main establishment of a provider of data sharing services in the union should be the member state with the place of its central administration in the union. the main establishment of a provider of data sharing services in the union should be determined according to objective criteria and should imply the effective and real exercise of management activities. ### (32) the main establishment of a provider of data intermediation services in the union should be the member state with the place of its central administration in the union. the main establishment of a provider of data intermediation services in the union should be determined according to objective criteria and should imply the effective and real exercise of management activities.


### (43) in order to take account of the specific nature of certain categories of data , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to lay down special conditions applicable for transfers to third-countries of certain non-personal data categories deemed to be highly sensitive in specific union acts adopted though a legislative procedure. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (43) in order to ensure the protection of the rights and interests of data holders and take account of the specific nature of certain categories of data , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to draw up a list identifying the third countries that provide a level of protection that is essentially equivalent to those provided by union or national law and to lay down special conditions applicable for transfers to third-countries of certain non-personal data categories deemed to be highly sensitive in specific union acts adopted though a legislative procedure. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (15) ‘representative’ means any natural or legal person established in the union explicitly designated to act on behalf of a provider of data sharing services or an entity that collects data for objectives of general interest made available by natural or legal persons on the basis of data altruism not established in the union , which may be addressed by a national competent authority instead of the provider of data sharing services or entity with regard to the obligations of that provider of data sharing services or entity set up by this regulation. ### (15) ‘representative’ means any natural or legal person established in the union explicitly designated to act on behalf of a provider of data intermediation services or an entity that collects data for objectives of general interest made available by natural or legal persons on the basis of data altruism not established in the union , which may be addressed by a national competent authority instead of the provider of data intermediation services or entity with regard to the obligations of that provider of data intermediation services or entity set up by this regulation.


### data held by cultural establishments and educational establishments; ### data held by cultural establishments and educational establishments for which intellectual property rights are not incidental , but which are predominantly contained in works and other documents protected by such intellectual property rights;


### (9) the commission may adopt implementing acts declaring that the legal , supervisory and enforcement arrangements of a third country: ### (9) the commission shall be empowered to adopt delegated acts in accordance with article 28 to draw up and update a list of third-countries where the legal , supervisory and enforcement arrangements in place:


### those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 29 (2). ### deleted


### (1) the provision of the following data sharing services shall be subject to a notification procedure: ### (1) the provision of the following data intermediation services shall be subject to a notification procedure:


### (4) upon notification , the provider of data sharing services may start the activity subject to the conditions laid down in this chapter. ### (4) upon notification , the provider of data intermediation services may start the activity subject to the conditions laid down in this chapter.


### (5) the notification shall entitle the provider to provide data sharing services in all member states. ### (5) the notification shall entitle the provider to provide data intermediation services in all member states.


### the name of the provider of data sharing services; ### the name of the provider of data intermediation services;


### (9) the competent authority shall notify the commission of each new notification. the commission shall keep a register of providers of data sharing services. ### (9) the competent authority shall notify the commission of each new notification. the commission shall keep a register of providers of data intermediation services.


### (11) where a provider of data sharing services ceases its activities , it shall notify the relevant competent authority determined pursuant to paragraphs 1 , 2 and 3 within 15 days. the competent authority shall forward without delay each such notification to the national competent authorities in the member states and to the commission by electronic means. ### (11) where a provider of data intermediation services ceases its activities , it shall notify the relevant competent authority determined pursuant to paragraphs 1 , 2 and 3 within 15 days. the competent authority shall forward without delay each such notification to the national competent authorities in the member states and to the commission by electronic means.


### (2) the power to adopt delegated acts referred to in article 5 (11) shall be conferred on the commission for an indeterminate period of time from […]. ### (2) the power to adopt delegated acts referred to in articles 5 (9) and 5 (11) shall be conferred on the commission for an indeterminate period of time from […].


### (3) the delegation of power referred to in article 5 (11) may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### (3) the delegation of power referred to in articles 5 (9) and 5 (11) may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### (3) where a public sector body , a natural or legal person to which the right to re-use data was granted under chapter 2 , a data sharing provider or entity entered in the register of recognised data altruism organisations is the addressee of a decision of a court or of an administrative authority of a third country to transfer from or give access to non-personal data held in the union and compliance with such a decision would risk putting the addressee in conflict with union law or with the law of the relevant member state , transfer to or access to such data by that third-country authority shall take place only: ### (3) where a public sector body , a natural or legal person to which the right to re-use data was granted under chapter 2 , a provider of data intermediation services or entity entered in the register of recognised data altruism organisations is the addressee of a decision of a court or of an administrative authority of a third country to transfer from or give access to non-personal data held in the union and compliance with such a decision would risk putting the addressee in conflict with union law or with the law of the relevant member state , transfer to or access to such data by that third-country authority shall take place only:


### (4) if the conditions in paragraph 2 , or 3 are met , the public sector body , the natural or legal person to which the right to re-use data was granted under chapter 2 , the data sharing provider or the entity entered in the register of recognised data altruism organisations , as the case may be , shall , provide the minimum amount of data permissible in response to a request , based on a reasonable interpretation of the request. ### (4) if the conditions in paragraph 2 , or 3 are met , the public sector body , the natural or legal person to which the right to re-use data was granted under chapter 2 , the provider of data intermediation services or the entity entered in the register of recognised data altruism organisations , as the case may be , shall , provide the minimum amount of data permissible in response to a request , based on a reasonable interpretation of the request.


### (4) the zero pollution action plan also sets out a vision for the year 2050 , where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. to this end , a staged approach towards setting current and future eu air quality standards should be pursued , establishing intermediate air quality standards for the year 2030 and beyond , and developing a perspective for alignment with the who air quality guidelines by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific understanding. given the links between pollution reduction and decarbonisation , the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by regulation (eu) 2021/1119 of the european parliament and of the council42 . ### (4) the zero pollution action plan also sets out a vision for the year 2050 , where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. to this end , a staged approach towards setting current and future eu air quality standards should be pursued , establishing intermediate air quality standards for the year 2030 and beyond , and developing a perspective for alignment with the who air quality guidelines by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific understanding. given the links between pollution reduction and decarbonisation , the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by regulation (eu) 2021/1119 of the european parliament and of the council42 and the overall impact of the implementation of fit for 55 legislative package.


### (4) the zero pollution action plan also sets out a vision for the year 2050 , where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. to this end , a staged approach towards setting current and future eu air quality standards should be pursued , establishing intermediate air quality standards for the year 2030 and beyond , and developing a perspective for alignment with the who air quality guidelines by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific understanding. given the links between pollution reduction and decarbonisation , the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by regulation (eu) 2021/1119 of the european parliament and of the council42 . ### (4) the zero pollution action plan also sets out a vision for the year 2050 , where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. to this end , a staged approach towards setting current and future eu air quality standards should be pursued , establishing intermediate air quality standards for the year 2035 and beyond , and developing a perspective for alignment with the who air quality guidelines by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific understanding. given the links between pollution reduction and decarbonisation , the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by regulation (eu) 2021/1119 of the european parliament and of the council42 .


### (4) the zero pollution action plan also sets out a vision for the year 2050 , where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. to this end , a staged approach towards setting current and future eu air quality standards should be pursued , establishing intermediate air quality standards for the year 2030 and beyond , and developing a perspective for alignment with the who air quality guidelines by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific understanding. given the links between pollution reduction and decarbonisation , the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by regulation (eu) 2021/1119 of the european parliament and of the council42. ### (4) the zero pollution action plan also sets out a vision for the year 2050 , where air pollution is reduced to levels no longer considered harmful to health and natural ecosystems. to this end , a staged approach towards setting current and future eu air quality standards should be pursued , establishing intermediate air quality standards for the year 2030 and beyond , and developing a perspective for alignment with the who air quality guidelines by the year 2050 at the latest based on a regular review mechanism to take into account the latest scientific understanding. given the links between pollution reduction and decarbonisation , the long-term objective to achieve the zero pollution ambition should be pursued hand in hand with reduction of greenhouse gas emissions as set by regulation (eu) 2021/1119 of the european parliament and of the council42and the overall impact of the implementation of the fit for 55 legislative package.


### (5) in taking the relevant measures at union and national level to achieve the zero pollution objective for air pollution , member states , the european parliament , the council and the commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the treaty on the functioning of the european union , and the ‘do no harm’ principle of the european green deal. they should , inter alia , take into account: the contribution of improved air quality to public health , the quality of the environment , the well-being of citizens , the prosperity of society , employment and the competitiveness of the economy; the energy transition , strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions; the impact of behavioural changes; fairness and solidarity across and within member states , in light of their economic capability , national circumstances , such as the specificities of islands , and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes; best available and most recent scientific evidence , in particular the findings reported by the who; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition. ### (5) in taking the relevant measures at union and national level to achieve the zero pollution objective for air pollution , member states , the european parliament , the council and the commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the treaty on the functioning of the european union , and the ‘do no harm’ principle of the european green deal. they should , inter alia , take into account: the contribution of improved air quality to public health , the quality of the environment , the well-being of citizens , the prosperity of society , employment and the competitiveness of the economy; the energy transition , strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions (in the case of heavy goods road transport vehicles and light vehicles for private use , providing economic support for companies and/or individuals to adapt their vehicles to engines considered less polluting) , the impact of behavioural changes; fairness and solidarity across and within member states , in light of their economic capability , national circumstances , such as the specificities of islands , and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes; best available and most recent scientific evidence , in particular the findings reported by the who; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.


### (5) in taking the relevant measures at union and national level to achieve the zero pollution objective for air pollution , member states , the european parliament , the council and the commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the treaty on the functioning of the european union , and the ‘do no harm’ principle of the european green deal. they should , inter alia , take into account: the contribution of improved air quality to public health , the quality of the environment , the well-being of citizens , the prosperity of society , employment and the competitiveness of the economy; the energy transition , strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions; the impact of behavioural changes; fairness and solidarity across and within member states , in light of their economic capability , national circumstances , such as the specificities of islands , and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes; best available and most recent scientific evidence , in particular the findings reported by the who; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition. ### (5) in taking the relevant measures at union and national level to achieve the zero pollution objective for air pollution , member states , the european parliament , the council and the commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the treaty on the functioning of the european union , and the ‘do no harm’ principle of the european green deal. they should , inter alia , take into account: the contribution of improved air quality to public health , the quality of the environment , the well-being of citizens , the prosperity of society , employment and the competitiveness of the economy; the energy transition , strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions and their infrastructure including alternative fuel infrastructure; the impact of behavioural changes; fairness and solidarity across and within member states , in light of their economic capability , national circumstances , such as the specificities of islands or coal regions , and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes; best available and most recent scientific evidence , in particular the findings reported by the who; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.


### (5) in taking the relevant measures at union and national level to achieve the zero pollution objective for air pollution , member states , the european parliament , the council and the commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the treaty on the functioning of the european union , and the ‘do no harm’ principle of the european green deal. they should , inter alia , take into account: the contribution of improved air quality to public health , the quality of the environment , the well-being of citizens , the prosperity of society , employment and the competitiveness of the economy; the energy transition , strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions; the impact of behavioural changes; fairness and solidarity across and within member states , in light of their economic capability , national circumstances , such as the specificities of islands , and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes; best available and most recent scientific evidence , in particular the findings reported by the who; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition. ### (5) in taking the relevant measures at union and national level to achieve the zero pollution objective for air pollution , member states , the european parliament , the council and the commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the treaty on the functioning of the european union , and by the goals of the european green deal. they should , inter alia , take into account: the contribution of improved air quality to public health , the quality of the environment , the well-being of citizens , the prosperity of society , employment and the competitiveness of the economy; the energy transition , strengthened energy security and the tackling of energy poverty; food security and affordability; the development of sustainable and smart mobility and transport solutions; the impact of behavioural changes; fairness and solidarity across and within member states , in light of their economic capability , national circumstances , such as the specificities of islands , and the need for convergence over time; the need to make the transition just and socially fair through appropriate education and training programmes; best available and most recent scientific evidence , in particular the findings reported by the who; the need to integrate air pollution related risks into investment and planning decisions; cost-effectiveness and technological neutrality in achieving air pollutant emission reductions; and progression over time in environmental integrity and level of ambition.


### (6) the ‘eighth general union environment action programme to 2030’ adopted by decision (eu) 2022/591 of the european parliament and of the council on 6 april 202243 establishes the objective to achieve a non-toxic environment protecting the health and well-being of people , animals and ecosystems from environment-related risks and negative impacts , and , for that purpose , stipulates that further improvement of monitoring methods , better information to the public and access to justice are needed. this guides the objectives set in this directive. ### (6) the ‘eighth general union environment action programme to 2030’ adopted by decision (eu) 2022/591 of the european parliament and of the council on 6 april 2022[1] establishes the objective to achieve a non-toxic environment protecting the health and well-being of people , animals and ecosystems from environment-related risks and negative impacts , and , for that purpose , stipulates that further improvement of monitoring methods and standardisation of sampling stations , creating early warning system , better transborder coordination , better air quality plans and their implementation , better information to the public and access to justice are needed. this guides the objectives set in this directive.


### (8) a common approach to the assessment of ambient air quality should be followed by applying common assessment criteria. when assessing ambient air quality , account should be taken of the size of populations and ecosystems exposed to air pollution. it is therefore appropriate to classify the territory of each member state into zones reflecting the population density. ### (8) a common approach to the assessment of ambient air quality should be followed by applying common assessment criteria. when assessing ambient air quality , account should be taken of the size of populations and ecosystems exposed to air pollution. it is therefore appropriate to classify the territory of each member state into zones reflecting the population density and spatial diversity


### (13) in order to ensure that the information collected on air pollution is sufficiently representative and comparable across the union , it is important that standardised measurement techniques and common criteria for the number and location of measuring stations are used for the assessment of ambient air quality. techniques other than measurements can be used to assess ambient air quality and it is therefore necessary to define criteria for the use and required accuracy of such techniques. ### (13) in order to ensure that the information collected on air pollution is sufficiently representative and comparable across the union , it is important that standardised measurement techniques and common criteria for the number and location of measuring stations are used based on commission detailed guidelines for the assessment of ambient air quality. techniques other than measurements can be used to assess ambient air quality and it is therefore necessary to define criteria for the use and required accuracy of such techniques.


### (15) in order to protect human health and the environment as a whole , it is particularly important to combat emissions of pollutants at source and to identify and implement the most effective emission reduction measures at local , national and union level , in particular when it comes to emissions from agriculture , industries , transport and energy generation . therefore , emissions of harmful air pollutants should be avoided , prevented or reduced and appropriate standards set for ambient air quality taking into account relevant world health organization standards , guidelines and programmes. ### (15) in order to protect human health and the environment as a whole , it is particularly important to combat emissions of pollutants at source and to identify and implement the most effective available emission reduction measures related to source category at local , national and union level , in particular when it comes to emissions from agriculture , industries , transport and energy generation. therefore , emissions of harmful air pollutants should be avoided , prevented or reduced and appropriate standards set for ambient air quality taking into account relevant world health organization standards , guidelines and programmes.


### (21) ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants addressed by directive 2016/2284/eu of the european parliament and of the council46 . progress towards the air quality targets and long-term objectives for ozone set in this directive should be determined by the targets and emission reduction commitments provided for in directive 2016/2284/eu and , by implementing cost-effective measures and air quality plans . ### (21) ozone is a transboundary pollutant formed in the atmosphere from the emission of primary pollutants addressed by directive 2016/2284/eu of the european parliament and of the council46 . progress towards the air quality targets and long-term objectives for ozone set in this directive should be determined by the targets and emission reduction commitments provided for in directive 2016/2284/eu and by implementing cost-effective measures , early warning mechanism and air quality plans.


### (25) air quality status should be maintained where it is already good , or improved. where the standards for ambient air quality laid down in this directive are at risk of not being met , or have not been met , member states should take immediate action in order to comply with the limit values , average exposure reduction obligations and critical levels , and where possible , to attain the ozone target values and long-term objectives. ### (25) air quality status should be maintained where it is already good , or improved. where the standards for ambient air quality laid down in this directive are at risk of not being met , or have not been met , commission should draft recommendations with short and long term measures based on pollution source and its category and member states should take immediate and continuous action related in order to comply with the limit values , average exposure reduction obligations and critical levels , and where possible , to attain the ozone target values and long-term objectives.


### (29) contributions from natural sources can be assessed but cannot be controlled. therefore , where natural contributions to pollutants in ambient air can be determined with sufficient certainty , and where exceedances are due in whole or in part to these natural contributions , these may , under the conditions laid down in this directive , be subtracted when assessing compliance with air quality limit values and average exposure reduction obligations . contributions to exceedances of particulate matter limit values attributable to winter-sanding or winter -salting of roads may also be subtracted when assessing compliance with air quality limit values provided that reasonable measures have been taken to lower concentrations. ### (29) contributions from natural sources or sources coming from different member state or another country can be assessed but cannot be controlled. therefore , where natural contributions to pollutants in ambient air can be determined with sufficient certainty , and where exceedances are due in whole or in part to these natural contributions , these may , under the conditions laid down in this directive , be subtracted when assessing compliance with air quality limit values and average exposure reduction obligations. contributions to exceedances of particulate matter limit values attributable to winter-sanding or winter-salting of roads may also be subtracted when assessing compliance with air quality limit values provided that reasonable measures have been taken to lower concentrations.


### (32) air quality plans should also be prepared ahead of 2030 where there is a risk that member states will not attain the limit values or ozone target value by that date in order to ensure that levels of pollutants are reduced accordingly. ### (32) air quality plans should also be prepared ahead of 2030 where there is a risk that member states will not attain the limit values or ozone target value by that date in order to ensure that levels of pollutants are reduced accordingly. the commission should provide recommendation how the member states should prepare those plans.


### (32) air quality plans should also be prepared ahead of 2030 where there is a risk that member states will not attain the limit values or ozone target value by that date in order to ensure that levels of pollutants are reduced accordingly. ### (32) air quality plans should also be prepared ahead of 2035 where there is a risk that member states will not attain the limit values or ozone target value by that date in order to ensure that levels of pollutants are reduced accordingly.


### (34) member states should cooperate with one another if , following significant pollution originating in another member state , the level of a pollutant exceeds , or is likely to exceed , any limit value , ozone target value , average exposure reduction obligation or alert threshold. the transboundary nature of specific pollutants , such as ozone and particulate matter , may require coordination between neighbouring member states in drawing up and implementing air quality plans and short-term action plans and in informing the public. where appropriate , member states should pursue cooperation with third countries , with particular emphasis on the early involvement of candidate countries. the commission should be timely informed of and invited to assist in any such cooperation. ### (34) member states should cooperate with one another if , following significant pollution originating in another member state , based also on transboundary measurements the level of a pollutant exceeds , or is likely to exceed , any limit value , ozone target value , average exposure reduction obligation or alert threshold. the transboundary nature of specific pollutants , such as ozone and particulate matter , may require coordination between neighbouring member states in drawing up and implementing air quality plans and short-term action plans and in informing the public. where appropriate , member states should pursue cooperation with third countries , with particular emphasis on the early involvement of candidate countries. the commission should be timely informed and the transbounder coordinator should be invited to assist and oversee such cooperation.


### (35) it is necessary for the member states and the commission to collect , exchange and disseminate air quality information in order to understand better the impacts of air pollution and develop appropriate policies. up-to-date information on concentrations of all regulated pollutants in ambient air as well as air quality plans and short-term action plans should also be readily available to the public. ### (35) it is necessary for the member states and the commission to collect , exchange and disseminate air quality information in order to understand better the impacts of air pollution and develop appropriate policies. up-to-date information on concentrations of all regulated pollutants in ambient air and their category as well as air quality plans and short-term action plans should also be readily available to the public.


### (40) this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union. where damage to human health has occurred as a result of a violation of articles 19 , 20 , 21 of this directive , member states should ensure that the individuals affected by such violations are able to claim and obtain compensation for that damage from the relevant competent authority. the rules on compensation , access to justice and penalties set in this directive have the objective to avoid , prevent and reduce harmful effects on human health and the environment from air pollution , in line with article 191(1) tfeu. they thus seeks to integrate into the policies of the union a high level of environmental protection and the improvement of the quality of the environment in accordance with the principle of sustainable development as laid down in article 37 of the charter , and puts into concrete terms the obligation to protect the right to life and to the integrity of the person laid down in articles 2 and 3 of the charter. it also contributes to the right to an effective remedy before a tribunal as laid down in article 47 of the charter , in relation to the protection of human health. ### (40) this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union.


### 2. this directive sets intermediate limit values , target values , average exposure reduction obligations , average exposure concentration objectives , critical levels , information thresholds , alert thresholds and long-term objectives (‘air quality standards’) to be met by the year 2030 , and regularly reviewed thereafter in accordance with article 3. ### 2. this directive sets limit values and average exposure reduction obligations (‘air quality standards’) to be met by the year 2040 , and regularly reviewed thereafter in accordance with article 3.


### 2. this directive sets intermediate limit values , target values , average exposure reduction obligations , average exposure concentration objectives , critical levels , information thresholds , alert thresholds and long-term objectives (‘air quality standards’) to be met by the year 2030 , and regularly reviewed thereafter in accordance with article 3. ### 2. this directive sets intermediate limit values , target values , average exposure reduction obligations , average exposure concentration objectives , critical levels , information thresholds , alert thresholds and long-term objectives (‘air quality standards’) to be met by the year 2035 , and regularly reviewed thereafter in accordance with article 3.


### 3. furthermore , this directive contributes to achieving: the union’s pollution-reduction , biodiversity and ecosystem objectives in accordance with the 8th environment action programme , as set out in decision (eu) 2022/591 of the european parliament and of the council55 . ### 3. this directive also sets target values , average exposure concentration objectives , critical levels , information thresholds , alert thresholds and long-term objectives. furthermore , this directive contributes to achieving: the union’s pollution-reduction , biodiversity and ecosystem objectives in accordance with the 8th environment action programme , as set out in decision (eu) 2022/591 of the european parliament and of the council55 .


### 3. measures for monitoring ambient air quality long-term trends and impacts of union and national measures on ambient air quality ; ### 3. standardised measures for monitoring ambient air quality , short and long-term trends and impacts of union , national and transboundary measures on ambient air quality;


### 6. measures promoting increased cooperation between member states in reducing air pollution. ### 6. measures promoting increased cooperation between the member states in reducing air pollution monitored and overseen by the european transboundary coordinator.


### 1. by 31 december 2028 , and every 5 years thereafter , and more often if substantial new scientific findings point to the need for it , the commission shall review the scientific evidence related to air pollutants and their effects on human health and the environment relevant to achieving the objective set in article 1 and present a report with the main findings to the european parliament and to the council. ### 1. by 31 december 2033 , and every 5 years thereafter , and more often if substantial new scientific findings point to the need for it , the commission shall review the scientific evidence related to air pollutants and their effects on human health and the environment relevant to achieving the objective set in article 1 and present a report with the main findings to the european parliament and to the council.


### progress made in implementing national and union reduction measures for pollutants and improving air quality. ### progress made in implementing national and union reduction measures for pollutants , especially the fit for 55 legislative package , and improving air quality.


### approval of measurement systems (methods , equipment , networks and laboratories); ### approval of measurement systems (locations , methods , equipment , networks and laboratories);


### cooperation with the other member states and the commission; ### cooperation with the other member states and the commission including the european transboundary coordinator ;


### member states shall establish zones throughout their territory , including , where appropriate for the purposes of air quality assessment and management , at the level of agglomerations . air quality assessment and air quality management shall be carried out in all zones . ### member states shall establish sufficiently representative for the purposes of the measurements zones throughout their territory , including , where appropriate for the purposes of air quality assessment and management , at the level of agglomerations . air quality assessment and air quality management shall be carried out in all zones.


### the number of indicative measurements is the same as the number of fixed measurements that are being replaced and the indicative measurements have a minimum duration of 2 months per calendar year; ### the number of indicative measurements is the same as the number of fixed measurements that are being replaced and the indicative measurements have a minimum duration of 2 months per calendar year in representative period;


### 4. member states shall endeavour to achieve and preserve the best ambient air quality and a high level of environmental and human health protection , in line with the air quality guidelines published by the who and below the assessment thresholds laid down in annex ii . ### 4. member states shall endeavour to achieve and preserve the best ambient air quality and a high level of environmental and human health protection below the assessment thresholds laid down in annex ii .


### contributions from natural sources ### contributions from natural and transboundary sources


### 2. member states shall provide the commission with lists of any such zones and nuts 1 territorial units , as referred to in paragraph 1 , together with information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources. ### 2. member states shall provide the commission with lists of any such zones and nuts 1 territorial units , as referred to in paragraph 1 , together with information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural or transboundary sources.


### 2. member states shall provide the commission with lists of any such zones and nuts 1 territorial units , as referred to in paragraph 1 , together with information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources. ### 2. member states shall provide the commission with lists of any such zones and nuts 1 territorial units , as referred to in paragraph 1 , together with information on concentrations and sources and the evidence demonstrating that the exceedances are attributable to natural sources and to indirect human activities.


### 3. where the commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 2 , that exceedance shall not be considered as an exceedance for the purposes of this directive. ### 3. where the commission has been informed of an exceedance attributable to natural or transboundary sources in accordance with paragraph 2 , that exceedance shall not be considered as an exceedance for the purposes of this directive.


### 3. where the commission has been informed of an exceedance attributable to natural sources in accordance with paragraph 2 , that exceedance shall not be considered as an exceedance for the purposes of this directive. ### 3. where the commission has been informed of an exceedance attributable to natural sources and to indirect human activities in accordance with paragraph 2 , that exceedance shall not be considered as an exceedance for the purposes of this directive.


### 1. where , in a given zone , conformity with the limit values for particulate matter (pm10 and pm2.5) or nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions , a member state may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met: ### 1. where , in a given zone , conformity with the limit values for nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions , due to the complex characteristics of its secondary formation in the atmosphere which complicate the task of assessing the feasibility of complying with strict limit values , a member state may postpone - that deadline for that particular zone , if the following conditions are met:


### 1. where , in a given zone , conformity with the limit values for particulate matter (pm10 and pm2.5) or nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions , a member state may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met: ### 1. where , in a given zone , conformity with the limit values for particulate matter (pm10 and pm2.5) or nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions or conditions resulting from the temporary switch from natural gas to alternative energy sources for reasons of energy security (fuel switch) , a member state may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:


### 1. where , in a given zone , conformity with the limit values for particulate matter (pm10 and pm2.5) or nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions , a member state may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met: ### 1. where , in a given zone , conformity with the limit values for particulate matter (pm10 and pm2.5) or nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , a member state may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met:


### 1. where , in a given zone , conformity with the limit values for particulate matter (pm10 and pm2.5) or nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions , a member state may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met: ### 1. where , in a given zone , conformity with the limit values for particulate matter (pm10 and pm2.5) , sulphur dioxode (so2) or nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions , a member state may postpone - that deadline once by a maximum of 10 years for that particular zone , if the following conditions are met:


### 1. where , in a given zone , conformity with the limit values for particulate matter (pm10 and pm2.5) or nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions , a member state may postpone - that deadline once by a maximum of 5 years for that particular zone , if the following conditions are met: ### 1. where , in a given zone , conformity with the limit values for nitrogen dioxide cannot be achieved by the deadline specified in table 1 of section 1 of annex i , because of site-specific dispersion characteristics , orographic boundary conditions , adverse climatic conditions or transboundary contributions , a member state may postpone that deadline for that particular zone if the following conditions are met: