### where the personal data are not collected from the data subject , at the time of the recording or within a reasonable period after the collection , having regard to the specific circumstances in which the data are collected or otherwise processed , or , if a disclosure to another recipient is envisaged , and at the latest when the data are first disclosed . ### where the personal data are not collected from the data subject , at the time of the recording or within a reasonable period after the collection , having regard to the specific circumstances in which the data are collected or otherwise processed , or , if a disclosure to another recipient is envisaged , and at the latest when the data are first disclosed , or , if the data shall be used for communication with the person concerned , at the latest at the time of the first communication to that person .


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria for categories of recipients referred to in point of paragraph 1 , the requirements for the notice of potential access referred to in point of paragraph 1 , the criteria for the further information necessary referred to in point of paragraph 1 for specific sectors and situations , and the conditions and appropriate safeguards for the exceptions laid down in point of paragraph 5 . in doing so , the commission shall take the appropriate measures for micro , small and medium - sized - enterprises . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria for categories of recipients referred to in point of paragraph 1 , the requirements for the notice of potential access referred to in point of paragraph 1 , the criteria for the further information necessary referred to in point of paragraph 1 for specific sectors and situations , and the conditions and appropriate safeguards for the exceptions laid down in point of paragraph 5 . in doing so , the commission shall take the appropriate measures for micro , small and medium - sized enterprises , in consultation with relevant stakeholders .


### the existence of the right to request from the controller rectification or erasure of personal data concerning the data subject or to object to the processing of such personal data ; ### the existence of the right to request from the controller rectification in accordance with article 16 or erasure of personal data concerning the data subject or to object to the processing of such personal data ;


### the significance and envisaged consequences of such processing , at least in the case of measures referred to in article 20 . ### the significance and envisaged consequences of such processing .


### the data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data , especially in relation to personal data which are made available by the data subject while he or she was a child , where one of the following grounds applies : ### the data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data , unless the data controller is a public authority or an entity commissioned by the authority or otherwise acting on the behalf of the authority , especially in relation to personal data which are made available by the data subject while he or she was a child , where one of the following grounds applies :


### the data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data , especially in relation to personal data which are made available by the data subject while he or she was a child , where one of the following grounds applies : ### the data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further processing of such data , especially in relation to personal data which are made available by the data subject while he or she was a child , where one of the following grounds applies :


### the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed ; ### the data are no longer necessary in relation to the purposes for which they were collected or further processed and the legally mandatory minimum retention period has expired ;


### the data subject withdraws consent on which the processing is based according to point of article 6 , or when the storage period consented to has expired , and where there is no other legal ground for the processing of the data ; ### the data subject withdraws consent on which the processing is based according to point of article 6 , or when the storage period consented to has expired , and where there is no other legal ground for the processing or storage of the data ;


### the data subject withdraws consent on which the processing is based according to point of article 6 , or when the storage period consented to has expired , and where there is no other legal ground for the processing of the data ; ### the data subject withdraws consent on which the processing is based according to point of article 6 , or when the retention period consented to has expired , and where there is no other legal ground for the processing of the data , or unless it would require a disproportionate effort by the data controller to ensure deletion of all data ;


### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject . ### the data subject shall have the right , where personal data are processed by electronic means and in a structured and commonly used format , to obtain from the controller , where technically feasible and appropriate , a copy of data undergoing processing in an electronic and structured format which is commonly used and allows for further use by the data subject .


### where the data subject has provided the personal data and the processing is based on consent or on a contract , the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system , into another one , in an electronic format which is commonly used , without hindrance from the controller from whom the personal data are withdrawn . ### where the data subject has provided the personal data and the processing is based on consent or on a contract , the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system .


### the data subject shall have the right to object , on grounds relating to their particular situation , at any time to the processing of personal data which is based on points , and of article 6 , unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject . ### the data subject shall have the right to object in the cases of points , and of article 6 on predominant , and protection - worthy grounds relating to their particular situation , at any time to the processing of their personal data . in the case of a justified objection the processing by the controller may no longer refer to this data


### every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person , and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour . ### a data subject shall have the right not to be subject to a decision which is unfair and discriminatory which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour .


### every natural person shall have the right not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person , and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour . ### every data subject shall have the right to request not to be subject to a measure which adversely affects this data subject and which is based solely on automated processing of data intended to evaluate , analyse or predict the data subject ' s performance at work , economic situation , location , health , personal preferences , reliability or behaviour .


### the controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this regulation . ### having regard to the state of the art , the nature of personal data processing and the type of the organization , both at the time of the determination of the means for processing and at the time of the processing itself , appropriate and demonstrable technical and organizational measures should be implemented in such a way that the processing will meet the requirements of this regulation and ensures the protection of the rights of the data subject by design .


### the measures provided for in paragraph 1 shall in particular include : ### such measures include , without limitation :


### keeping the documentation pursuant to article 28 ; ### independent management oversight of processing of personal data to ensure the existence and effectiveness of the technical and organizational measures ;


### implementing the data security requirements laid down in article 30 ; ### existence of proper policies , instructions or other guidelines to guide data processing needed to comply with the regulation as well as procedures and enforcement to make such guidelines effective ;


### performing a data protection impact assessment pursuant to article 33 ; ### existence of proper planning procedures to ensure compliance and to address potentially risky processing of personal data prior to the commencement of the processing ;


### complying with the requirements for prior authorisation or prior consultation of the supervisory authority pursuant to article 34 and ; ### existence of appropriate documentation of data processing to enable compliance with the obligations arising from the regulation ;


### where a controller determines the purposes , conditions and means of the processing of personal data jointly with others , the joint controllers shall determine their respective responsibilities for compliance with the obligations under this regulation , in particular as regards the procedures and mechanisms for exercising the rights of the data subject , by means of an arrangement between them . ### where a controller determines the purposes of the processing of personal data jointly with others , the joint controllers shall determine their respective responsibilities for compliance with the obligations under this regulation , in particular as regards the procedures and mechanisms for exercising the rights of the data subject , by means of an arrangement between them . the arrangement shall duly reflect the joint controllers ' respective effective roles and relationships vis - à - vis data subjects .


### where a processing operation is to be carried out on behalf of a controller , the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures . ### where a processing operation is to be carried out on behalf of a controller and involves the processing of data that would permit the processor to reasonably identify the data subject , the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures . the controller remains solely responsible for ensuring compliance with the requirements of this regulation .


### where a processing operation is to be carried out on behalf of a controller , the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures . ### where a processing operation is to be carried out on behalf of a controller and which involves the processing of data that would permit the processor to reasonably identify the data subject , the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this regulation and ensure the protection of the rights of the data subject , in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures .


### each controller and processor and , if any , the controller ' s representative , shall maintain documentation of all processing operations under its responsibility . ### each controller and , if any , the controller ' s representative , shall maintain appropriate documentation of the main processing operations under its responsibility .


### each controller and processor and , if any , the controller ' s representative , shall maintain documentation of all processing operations under its responsibility . ### each controller and processor and , if any , the controller ' s representative , shall maintain documentation of the policies and measures taken to ensure that the processing of personal data under its responsibility is performed in compliance with article 22 .


### the controller and the processor and , if any , the controller ' s representative , shall make the documentation available , on request , to the supervisory authority . ### the controller and , if any , the controller ' s representative , shall make the documentation available , on request , to the supervisory authority .


### the controller and the processor and , if any , the representative of the controller , shall co - operate , on request , with the supervisory authority in the performance of its duties , in particular by providing the information referred to in point of article 53 and by granting access as provided in point of that paragraph . ### the controller and the processor and , if any , the representative of the controller , shall co - operate , on request , with the supervisory authority in the performance of its duties , in particular by providing the information referred to in point of article 53 and by granting access as provided in point of that paragraph . the controller and the processor and , if any , the representative of the controller , shall make the documentation available , on the basis of a request outlining the reasons for requiring access to the documents , to the supervisory authority .


### the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected , having regard to the state of the art and the costs of their implementation . ### the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected , having regard to the state of the art and the costs of their implementation . notwithstanding , the controller and the processor should only be burdened with measures that are proportionate to the risk of data processing reflected by the nature of the personal data to be processed .


### the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected , having regard to the state of the art and the costs of their implementation . ### the controller and the processor shall implement appropriate technical and organisational measures , including pseudonymisation , to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected , having regard to the state of the art and the costs of their implementation .


### in the case of a personal data breach , the controller shall without undue delay and , where feasible , not later than 24 hours after having become aware of it , notify the personal data breach to the supervisory authority . the notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours . ### in the case of a personal data breach , when the breach is likely to produce legal effects to the detriment of the data subject ' s privacy , the controller shall without undue delay notify the personal data breach to the supervisory authority .


### pursuant to point of article 26 , the processor shall alert and inform the controller immediately after the establishment of a personal data breach . ### pursuant to point of article 26 , the processor shall alert and inform the controller without undue delay after the identification of a personal data breach that is likely to produce legal effects to the detriment of the data subject ' s privacy .


### describe the measures proposed or taken by the controller to address the personal data breach . ### describe the measures proposed or taken by the controller to address the personal data breach and / or mitigate its effects .


### the controller shall document any personal data breaches , comprising the facts surrounding the breach , its effects and the remedial action taken . this documentation must enable the supervisory authority to verify compliance with this article . the documentation shall only include the information necessary for that purpose . ### the controller shall document any personal data breaches , comprising the facts surrounding the breach , its effects and the remedial action taken . this documentation must be sufficient to enable the supervisory authority to verify compliance with this article . the documentation shall only include the information necessary for that purpose .


### the commission may lay down the standard format of such notification to the supervisory authority , the procedures applicable to the notification requirement and the form and the modalities for the documentation referred to in paragraph 4 , including the time limits for erasure of the information contained therein . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission may lay down the standard format of such notification to the supervisory authority and the procedures applicable to the filing of reports .


### when the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject , the controller shall , after the notification referred to in article 31 , communicate the personal data breach to the data subject without undue delay . ### when the personal data breach referred to in article 31 seriously threatens the rights or legitimate interests of the data subject , the controller shall , after the notification referred to in that article , communicate the personal data breach to the data subject without undue delay .


### the communication of a personal data breach to the data subject shall not be required if the controller demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures , and that those measures were applied to the data concerned by the personal data breach . such technological protection measures shall render the data unintelligible to any person who is not authorised to access it . ### the communication of a personal data breach to the data subject shall not be required if the data breach does not have significant risk of harm to citizens and the controller demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures , and that those measures were applied to the data concerned by the personal data breach . such technological protection measures shall render the data unintelligible to any person who is not authorised to access it .


### the communication of a personal data breach to the data subject shall not be required if the controller demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures , and that those measures were applied to the data concerned by the personal data breach . such technological protection measures shall render the data unintelligible to any person who is not authorised to access it . ### the communication of a personal data breach to the data subject shall not be required if the controller has implemented appropriate technological protection measures , and that those measures were applied to the data concerned by the personal data breach . such technological protection measures shall render the data unintelligible , unusable or anonymised to any person who is not authorised to access it .


### data protection impact assessment and prior authorisation ### data protection impact assessment and prior notification


### where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature , their scope or their purposes , the controller or the processor acting on the controller ' s behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data . ### where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature , their scope or their purposes , or where processing takes place as a public sector infrastructure project the controller shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data .


### the following processing operations in particular present specific risks referred to in paragraph 1 : ### the following processing operations present specific risks referred to in paragraph 1 :


### a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person ' s economic situation , location , health , personal preferences , reliability or behaviour , which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affect the individual ; ### a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person ' s economic situation , location , health , personal preferences , reliability or behaviour , which is based on automated processing and on which measures are based that produce legal effects to the detriment of the individual ;


### a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person ' s economic situation , location , health , personal preferences , reliability or behaviour , which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affect the individual ; ### a systematic and extensive evaluation of personal aspects relating to a natural or legal person or for analysing or predicting in particular the natural person ' s economic situation , location , health , personal preferences , reliability or behaviour , which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affect the individual ;


### information on sex life , health , race and ethnic origin or for the provision of health care , epidemiological researches , or surveys of mental or infectious diseases , where the data are processed for taking measures or decisions regarding specific individuals on a large scale ; ### information on sex life , health , political opinions , religious beliefs , criminal convictions , race and ethnic origin or for the provision of health care , epidemiological researches , or surveys of mental or infectious diseases , where the data are processed for taking measures or decisions regarding specific individuals on a large scale ;


### the controller or processor acting on the controller ' s behalf shall consult the supervisory authority prior to the processing of personal data in order to ensure the compliance of the intended processing with this regulation and in particular to mitigate the risks involved for the data subjects where : ### the controller or processor acting on the controller ' s behalf shall consult the supervisory authority , prior to the processing of special categories of personal data as provided for in article 9 , in order to ensure the compliance of the intended processing with this regulation and in particular to mitigate the risks involved for the data subjects where :


### the supervisory authority deems it necessary to carry out a prior consultation on processing operations that are likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature , their scope and / or their purposes , and specified according to paragraph 4 . ### the supervisory authority deems it necessary to carry out a prior consultation on processing operations that are likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature , their scope and / or their purposes .


### where the supervisory authority is of the opinion that the intended processing does not comply with this regulation , in particular where risks are insufficiently identified or mitigated , it shall prohibit the intended processing and make appropriate proposals to remedy such incompliance . ### where the supervisory authority is of the opinion that the intended processing does not comply with this regulation , in particular where risks are insufficiently identified or mitigated , it shall prohibit the intended processing and make appropriate proposals to remedy such incompliance . such a decision shall be subject to appeal in a competent court and it may not be enforceable while being appealed unless the processing results to immediate serious harm suffered by data subjects .


### where the supervisory authority is of the opinion that the intended processing does not comply with this regulation , in particular where risks are insufficiently identified or mitigated , it shall prohibit the intended processing and make appropriate proposals to remedy such incompliance . ### where the competent supervisory authority determines in accordance with its power that the intended processing does not comply with this regulation , in particular where risks are insufficiently identified or mitigated , it shall prohibit the intended processing and make appropriate proposals to remedy such incompliance .


### where the list provided for in paragraph 4 involves processing activities which are related to the offering of goods or services to data subjects in several member states , or to the monitoring of their behaviour , or may substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 prior to the adoption of the list . ### where processing activities relate to the offering of goods or services to data subjects in several member states , or to the monitoring of their behaviour , or may substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 .


### the commission may set out standard forms and procedures for prior authorisations and consultations referred to in paragraphs 1 and 2 , and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### the commission may set out standard forms and procedures for prior consultations referred to in paragraph 2 and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### the controller and the processor shall designate a data protection officer in any case where : ### the controller and the processor shall designate a data protection organisation or data protection officer in any case where :


### the core activities of the controller or the processor consist of processing operations which , by virtue of their nature , their scope and / or their purposes , require regular and systematic monitoring of data subjects . ### the core activities of the controller or the processor consist of processing operations which , by virtue of their nature , their scope and / or their purposes , require regular and systematic monitoring of data subjects . core activities should be defined as activities where 50% of the annual turnover resulting from the sale of data or revenue is gained from this data . in relation to data protection , data processing activities which do not represent more than 50% of company ' s turnover shall be considered ancillary .


### where the controller or the processor is a public authority or body , the data protection officer may be designated for several of its entities , taking account of the organisational structure of the public authority or body . ### where the controller or the processor is a public authority or body , the data protection organisation or data protection officer may be designated for several of its entities , taking account of the organisational structure of the public authority or body .


### the controller or the processor shall ensure that any other professional duties of the data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests . ### the controller or the processor shall ensure that any other professional duties of the data protection organisation or data protection officer are compatible with the person ' s tasks and duties as data protection officer and do not result in a conflict of interests .


### data subjects shall have the right to contact the data protection officer on all issues related to the processing of the data subject ' s data and to request exercising the rights under this regulation . ### data subjects shall have the right to contact the data protection organisation or data protection officer on all issues related to the processing of the data subject ' s data and to request exercising the rights under this regulation .


### the controller or the processor shall ensure that the data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data . ### the controller or the processor shall ensure that the data protection organisation or data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data .


### the controller or the processor shall ensure that the data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data . ### the executive management of the controller or the processor shall support the data protection officer in performing their duties and shall provide staff , premises , equipment and any other resources necessary to carry out the roles and duties referred to in article 37 .


### the controller or the processor shall support the data protection officer in performing the tasks and shall provide staff , premises , equipment and any other resources necessary to carry out the duties and tasks referred to in article 37 . ### the controller or the processor shall support the data protection organisation or data protection officer in performing the tasks and shall provide staff , premises , equipment and any other resources necessary to carry out the duties and tasks referred to in article 37 .


### the controller or the processor shall entrust the data protection officer at least with the following tasks : ### the controller or the processor shall entrust the data protection organisation or the data protection officer at least with the following tasks :


### to monitor the documentation , notification and communication of personal data breaches pursuant to articles 31 and 32 ; ### to develop processes to monitor , document , notify and communicate personal data breaches pursuant to articles 31 and 32 ;


### to monitor the performance of the data protection impact assessment by the controller or processor and the application for prior authorisation or prior consultation , if required pursuant articles 33 and 34 ; ### to develop processes that monitor the performance of the data protection impact assessment by the controller or processor and the application for prior authorisation or prior consultation , if required pursuant articles 33 and 34 ;


### the member states and the commission shall encourage , in particular at european level , the establishment of data protection certification mechanisms and of data protection seals and marks , allowing data subjects to quickly assess the level of data protection provided by controllers and processors . the data protection certifications mechanisms shall contribute to the proper application of this regulation , taking account of the specific features of the various sectors and different processing operations . ### the member states and the commission shall work with controllers , processors and other stakeholders to encourage , in particular at european level , the establishment of data protection certification mechanisms and of data protection seals and marks , allowing data subjects to quickly assess the level of data protection provided by controllers and processors . the data protection certifications mechanisms shall contribute to the proper application of this regulation , taking account of the specific features of the various sectors and different processing operations .


### the member states and the commission shall encourage , in particular at european level , the establishment of data protection certification mechanisms and of data protection seals and marks , allowing data subjects to quickly assess the level of data protection provided by controllers and processors . the data protection certifications mechanisms shall contribute to the proper application of this regulation , taking account of the specific features of the various sectors and different processing operations . ### the member states and the commission shall encourage , in particular at european level , the establishment of data protection certification mechanisms and of data protection seals and marks , allowing data subjects and member state authorities to quickly assess the level of data protection provided by controllers and processors . the data protection certifications mechanisms shall contribute to the proper application of this regulation , taking account of the specific features of the various sectors and different processing operations .


### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1 , including conditions for granting and withdrawal , and requirements for recognition within the union and in third countries . ### the commission shall be empowered to adopt delegated acts in accordance with article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1 , including conditions for granting and withdrawal , and requirements for recognition within the union and in third countries , provided such measures are technology neutral .


### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument . ### where the commission has taken no decision pursuant to article 41 , or decides that a third country , or a territory or a processing sector within that third country , or an international organisation does not ensure an adequate level of protection in accordance with article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument .


### where the commission has taken no decision pursuant to article 41 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument . ### where the commission has taken no decision pursuant to article 41 , or decides that a third country , or a territory or a processing sector within that third country , or an international organisation does not ensure an adequate level of protection in accordance with paragraph 5 of that article , a controller or processor may transfer personal data to a third country or an international organisation transferring data on an international basis only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument .


### standard data protection clauses adopted by the commission . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 ; or ### standard data protection clauses , between the controller or processor and the recipient , that can be a sub - processor , of the data outside the eea , which may include standard terms for onward transfers outside the eea , adopted by the commission . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 ; or


### standard data protection clauses adopted by a supervisory authority in accordance with the consistency mechanism referred to in article 57 when declared generally valid by the commission pursuant to point of article 62 ; or ### standard data protection clauses , between the controller or processor and the recipient , that can be a sub - processor , of the data outside the eea , which may include standard terms for onward transfers outside the eea , adopted by a supervisory authority in accordance with the consistency mechanism referred to in article 57 when declared generally valid by the commission pursuant to point of article 62 ; or


### standard data protection clauses adopted by a supervisory authority in accordance with the consistency mechanism referred to in article 57 when declared generally valid by the commission pursuant to point of article 62 ; or ### standard data protection clauses adopted by a supervisory authority in accordance with the consistency mechanism referred to in article 57 when declared generally valid by the commission pursuant to point of article 62 ;


### standard data protection clauses adopted by a supervisory authority in accordance with the consistency mechanism referred to in article 57 when declared generally valid by the commission pursuant to point of article 62 ; or ### standard data protection clauses adopted by a supervisory authority when declared generally valid by the commission pursuant to point of article 62 ; or


### contractual clauses between the controller or processor and the recipient of the data authorised by a supervisory authority in accordance with paragraph 4 . ### contractual clauses between the controller or processor and the recipient of the data authorised by a supervisory authority in accordance with paragraph 4 ; or


### where a transfer is based on contractual clauses as referred to in point of paragraph 2 of this article the controller or processor shall obtain prior authorisation of the contractual clauses according to point of article 34 from the supervisory authority . if the transfer is related to processing activities which concern data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 . ### where a transfer is based on contractual clauses as referred to in point or of paragraph 2 of this article the controller or processor shall obtain prior authorisation of the contractual clauses according to point of article 34 from the competent supervisory authority . if the transfer is related to processing activities which concern data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the competent supervisory authority shall apply the consistency mechanism referred to in article 57 .


### where a transfer is based on contractual clauses as referred to in point of paragraph 2 of this article the controller or processor shall obtain prior authorisation of the contractual clauses according to point of article 34 from the supervisory authority . if the transfer is related to processing activities which concern data subjects in another member state or other member states , or substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 . ### where a transfer is based on contractual clauses as referred to in point of paragraph 2 of this article the controller or processor shall obtain prior authorisation of the contractual clauses according to point of article 34 from the supervisory authority . if the transfer is related to processing activities which substantially affect the free movement of personal data within the union , the supervisory authority shall apply the consistency mechanism referred to in article 57 .


### a supervisory authority shall in accordance with the consistency mechanism set out in article 58 approve binding corporate rules , provided that they : ### one supervisory authority shall in accordance with the consistency mechanism set out in article 58 and through a single act of approval authorize binding corporate rules for a group of undertakings . those rules will allow multiple intercompany international transfers in and out of europe , provided that they :


### are legally binding and apply to and are enforced by every member within the controller ' s or processor ' s group of undertakings , and include their employees ; ### are legally binding and apply to and are enforced by every member within the controller ' s or processor ' s group of undertakings and their external subcontractors , and include their employees ;


### the structure and contact details of the group of undertakings and its members ; ### the structure and contact details of the group of undertakings and its members , and their external subcontractors ;


### derogations ### other legitimate grounds for international transfers


### in the absence of an adequacy decision pursuant to article 41 or of appropriate safeguards pursuant to article 42 , a transfer or a set of transfers of personal data to a third country or an international organisation may take place only on condition that : ### in the absence of an adequacy decision pursuant to article 41 ; or where the commission decides that a third country , or a territory or a processing sector within that third country , or an international organisation does not ensure an adequate level of protection in accordance with article 41 ; or in the absence of appropriate safeguards pursuant to article 42 , a transfer or a set of transfers of personal data to a third country or an international organisation may take place only on condition that :


### the public interest referred to in point of paragraph 1 must be recognised in union law or in the law of the member state to which the controller is subject . ### the public interest referred to in point of paragraph 1 must be recognised in international conventions , in union law or in the law of the member state to which the controller is subject .


### each member state shall provide that one or more public authorities are responsible for monitoring the application of this regulation and for contributing to its consistent application throughout the union , in order to protect the fundamental rights and freedoms of natural persons in relation to the processing of their personal data and to facilitate the free flow of personal data within the union . for these purposes , the supervisory authorities shall co - operate with each other and the commission . ### each member state shall provide that one or more public authorities are responsible for monitoring the application of this regulation and for contributing to its consistent application throughout the union , in order to protect the fundamental rights and freedoms of natural and legal persons in relation to the processing of their personal data and to facilitate the free flow of personal data within the union . for these purposes , the supervisory authorities shall co - operate with each other and the commission .


### each member state shall provide that one or more public authorities are responsible for monitoring the application of this regulation and for contributing to its consistent application throughout the union , in order to protect the fundamental rights and freedoms of natural persons in relation to the processing of their personal data and to facilitate the free flow of personal data within the union . for these purposes , the supervisory authorities shall co - operate with each other and the commission . ### each member state shall provide a lead public supervisory authority responsible for monitoring the application of this regulation and for contributing to its consistent application throughout the union , in order to protect the fundamental rights and freedoms of natural persons in relation to the processing of their personal data and to facilitate the free flow of personal data within the union . for these purposes , the supervisory authorities shall co - operate with each other and the commission .


### the supervisory authority shall act with complete independence in exercising the duties and powers entrusted to it . ### the supervisory authority shall act with complete independence in exercising the duties and powers entrusted to it , notwithstanding co - operative and consistency arrangements related to chapter vii .


### where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the union , and the controller or processor is established in more than one member state , the supervisory authority of the main establishment of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all member states , without prejudice to the provisions of chapter vii of this regulation . ### where the regulation applies by virtue of article 3 , the competent supervisory authority will be the supervisory authority of the member state or territory where the main establishment of the controller or processor subject to the regulation is established . disputes should be decided upon in accordance with the consistency mechanism set out in article 58 , and this without prejudice to the other provisions of chapter vii of this regulation .


### the supervisory authority shall , upon request , advise any data subject in exercising the rights under this regulation and , if appropriate , co - operate with the supervisory authorities in other member states to this end . ### the competent supervisory authority shall , upon request , advise any data subject in exercising the rights under this regulation and , if appropriate , co - operate with the supervisory authorities in other member states to this end .


### each supervisory authority shall have the power : ### the competent supervisory authority shall have the power :


### to ensure the compliance with prior authorisations and prior consultations referred to in article 34 ; ### to ensure the compliance with prior consultations referred to in article 34 ;


### each supervisory authority shall have the investigative power to obtain from the controller or the processor : ### the competent supervisory authority shall have the investigative power to obtain from the controller or the processor :


### each supervisory authority shall have the power to bring violations of this regulation to the attention of the judicial authorities and to engage in legal proceedings , in particular pursuant to article 74 and article 75 . ### the competent supervisory authority shall have the power to bring violations of this regulation to the attention of the judicial authorities and to engage in legal proceedings , in particular pursuant to article 74 and article 75 .


### each supervisory authority shall have the power to sanction administrative offences , in particular those referred to in article 79 , and . ### the competent supervisory authority shall have the power to sanction administrative offences , in particular those referred to in article 79 , and .


### supervisory authorities shall provide each other relevant information and mutual assistance in order to implement and apply this regulation in a consistent manner , and shall put in place measures for effective co - operation with one another . mutual assistance shall cover , in particular , information requests and supervisory measures , such as requests to carry out prior authorisations and consultations , inspections and prompt information on the opening of cases and ensuing developments where data subjects in several member states are likely to be affected by processing operations . ### supervisory authorities shall provide each other relevant information and mutual assistance in order to implement and apply this regulation in a consistent manner , and shall put in place measures for effective co - operation with one another . mutual assistance shall cover , in particular , information requests and supervisory measures , such as requests to carry out prior authorisations and consultations , inspections and prompt information on the opening of cases and ensuing developments where data subjects in several member states are likely to cause legal effects to the detriment of the data subjects .


### supervisory authorities shall provide each other relevant information and mutual assistance in order to implement and apply this regulation in a consistent manner , and shall put in place measures for effective co - operation with one another . mutual assistance shall cover , in particular , information requests and supervisory measures , such as requests to carry out prior authorisations and consultations , inspections and prompt information on the opening of cases and ensuing developments where data subjects in several member states are likely to be affected by processing operations . ### supervisory authorities shall provide each other relevant information and mutual assistance in order to implement and apply this regulation in a consistent manner , and shall put in place measures for effective co - operation with one another . mutual assistance shall cover , in particular , information requests and supervisory measures , such as requests to carry out prior consultations , inspections and prompt information on the opening of cases and ensuing developments where data subjects in several member states are likely to be affected by processing operations .


### each supervisory authority shall take all appropriate measures required to reply to the request of another supervisory authority without delay and no later than one month after having received the request . such measures may include , in particular , the transmission of relevant information on the course of an investigation or enforcement measures to bring about the cessation or prohibition of processing operations contrary to this regulation . ### each supervisory authority shall take all appropriate measures required to reply to the request of another supervisory authority without delay and no later than one month after having received the request . such measures may include , in particular , the transmission of relevant information on the course of an investigation or enforcement measures to bring about the cessation or prohibition of processing operations that have been proven contrary to this regulation .


### supervisory authorities shall lay down the practical aspects of specific co - operation actions . ### supervisory authorities shall lay down the practical aspects of specific co - operation actions in their rules of procedure . the rules of procedures shall be made public in the official journal of the european union .


### before a supervisory authority adopts a measure referred to in paragraph 2 , this supervisory authority shall communicate the draft measure to the european data protection board and the commission . ### before the competent supervisory authority adopts a measure referred to in paragraph 2 , this competent supervisory authority shall communicate the draft measure to the european data protection board and the commission .


### relates to processing activities which are related to the offering of goods or services to data subjects in several member states , or to the monitoring of their behaviour ; or ### relates to processing activities of personal data which are related to the offering of goods or services to data subjects in several member states when the non - eea controller or processor does not name a representative in the territory of the eea ; or it


### in order to ensure correct and consistent application of this regulation , the commission may request that any matter shall be dealt with in the consistency mechanism . ### in order to ensure correct and consistent application of this regulation , the commission may , acting on its own behalf , and shall at the request of a stakeholder , request that any matter shall be dealt with in the consistency mechanism .


### in exceptional circumstances , where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects , in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasons , by way of derogation from the procedure referred to in article 58 , it may immediately adopt provisional measures with a specified period of validity . the supervisory authority shall , without delay , communicate those measures , with full reasons , to the european data protection board and to the commission . ### in exceptional circumstances , where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects within their territory , when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages , by clear breach or unjustified inaction of the competent supervisory authority , by way of derogation from the procedure referred to in article 58 , it may immediately adopt provisional measures with a specified period of validity . the supervisory authority shall , without delay , communicate those measures , with full reasons , to the competent supervisory authority , the european data protection board , the commission and the controller or processor .


### the european data protection board shall ensure the consistent application of this regulation . to this effect , the european data protection board shall , on its own initiative or at the request of the commission , in particular : ### the european data protection board shall ensure the consistent application of this regulation . to this effect , the european data protection board shall , on its own initiative , at the request of the commission or other stakeholders , in particular :


### examine , on its own initiative or on request of one of its members or on request of the commission , any question covering the application of this regulation and issue guidelines , recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this regulation ; ### examine , on its own initiative or on request of one of its members , the commission or other stakeholders any question covering the application of this regulation and issue guidelines , recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this regulation ;


### the european data protection board shall adopt its own rules of procedure and organise its own operational arrangements . in particular , it shall provide for the continuation of exercising duties when a member ' s term of office expires or a member resigns , for the establishment of subgroups for specific issues or sectors and for its procedures in relation to the consistency mechanism referred to in article 57 . ### the european data protection board shall adopt its own rules of procedure and organise its own operational arrangements . in particular , it shall provide for the continuation of exercising duties when a member ' s term of office expires or a member resigns , for the establishment of subgroups for specific issues or sectors and for its procedures in relation to the consistency mechanism referred to in article 57 and the legal safeguards applicable to controllers or processors concerned .


### the term of office of the chair and of the deputy chairpersons shall be five years and be renewable . ### the term of office of the chair and of the deputy chairpersons shall be five years and be renewable . their appointment may be revoked by a decision of the european parliament adopted by a two - thirds majority of the votes cast , representing a majority of its component members .


### any body , organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a member state shall have the right to lodge a complaint with a supervisory authority in any member state on behalf of one or more data subjects if it considers that a data subject’s rights under this regulation have been infringed as a result of the processing of personal data . ### any body , organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a member state shall have the right to lodge a complaint with a supervisory authority in any member state on behalf of one or more data subjects from among its membership if it considers that a data subject’s rights under this regulation have been infringed as a result of the processing of personal data and it has minimum funding of eur 80 000 and representative membership with a corresponding membership structure .


### any body , organisation or association referred to in article 73 shall have the right to exercise the rights referred to in articles 74 and 75 on behalf of one or more data subjects . ### any body , organisation or association referred to in article 73 shall have the right to exercise the rights referred to in articles 74 and 75 on behalf of one or more data subjects from among its membership .


### where more than one controller or processor is involved in the processing , each controller or processor shall be jointly and severally liable for the entire amount of the damage . ### where more than one controller is involved in the processing , each controller shall be jointly and severally liable for the entire amount of the damage to the extent that the joint controllers ' respective liability has not been determined in the legal arrangement referred to in article 24 .


### the controller or the processor may be exempted from this liability , in whole or in part , if the controller or the processor proves that they are not responsible for the event giving rise to the damage . ### the controller may be exempted from this liability , in whole or in part , if the proves that it is not responsible for the event giving rise to the damage .


### the controller or the processor may be exempted from this liability , in whole or in part , if the controller or the processor proves that they are not responsible for the event giving rise to the damage . ### the controller may be exempted from this liability , in whole or in part , if the controller proves that it is not responsible for the event giving rise to the damage .


### each supervisory authority shall be empowered to impose administrative sanctions in accordance with this article . ### the competent supervisory authority shall be empowered to impose administrative sanctions in accordance with this article .


### in case of a first and non - intentional non - compliance with this regulation , a warning in writing may be given and no sanction imposed , where : a natural person is processing personal data without a commercial interest ; or an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities . ### the supervisory authority may give a written warning without imposing a sanction . the supervisory authority may impose a fine of up to eur 1 000 000 for repeated , deliberate breaches or , in the case of a company , of up to 1% of its annual worldwide turnover .


### member states shall provide for exemptions or derogations from the provisions on the general principles in chapter ii , the rights of the data subject in chapter iii , on controller and processor in chapter iv , on the transfer of personal data to third countries and international organisations in chapter v , the independent supervisory authorities in chapter vi and on co - operation and consistency in chapter vii for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression . ### chapter ii , chapter iii , chapter iv , chapter v , chapter vi , chapter vii as well as articles 73 , 74 , 76 and 79 of chapter viii shall not apply to the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression .


### within the limits of this regulation , member states may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship . ### within the limits of this regulation , member states or collective agreement among employers and employees may adopt by law specific rules regulating the processing of employees ' personal data in the employment context , in particular for the purposes of the recruitment , the performance of the contract of employment , including discharge of obligations laid down by law or by collective agreements , management , planning and organisation of work , criminal conviction , health and safety at work , and for the purposes of the exercise and enjoyment , on an individual or collective basis , of rights and benefits related to employment , and for the purpose of the termination of the employment relationship .


### the delegation of power referred to in article 6 , article 8 , article 9 , article 12 , article 14 , article 15 , article 17 , article 20 , article 22 , article 23 , article 26 , article 28 , article 30 , article 31 , article 32 , article 33 , article 34 , article 35 , article 37 , article 39 , article 43 , article 44 , article 79 , article 81 , article 82 and article 83 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in article 14 , article 26 , article 33 , article 35 , article 37 , article 39 and article 43 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation .


### draft legislative resolution ### recalls , in particular , that in the same resolution the european parliament stresses that “a successful and strengthened cohesion policy needs adequate funding” and concludes that “the amounts allocated to it in the current financial programming period should be at least maintained in the next period” ;


### volunteers can strengthen humanitarian aid operations and contribute to the professionalization of humanitarian aid when they are adequately selected , trained and prepared for deployment so as to ensure that they have the necessary skills and competences to help people in need in the most effective way . ### volunteers can strengthen humanitarian aid operations and contribute to the professionalisation of humanitarian aid when they are adequately selected , trained and prepared for deployment so as to ensure that they have the necessary skills and competences to help people in need in the most effective way , provided that they can count on sufficient on - site support or supervision .


### the union carries out its humanitarian aid operations in partnership with implementing organisations . these organisations should play a significant role in implementing the eu aid volunteers ' initiative to ensure ownership of the actors in the field and to maximise the potential uptake of the voluntary corps ' actions . the union should entrust implementing organisations notably with the identification , selection , preparation and deployment of eu aid volunteers in accordance with standards established by the commission . the commission should , in addition , be able to draw upon successfully trained and prepared volunteers for deployment , where appropriate . ### the union carries out its humanitarian aid operations in partnership with implementing organisations . these organisations should play a significant role in implementing the eu aid volunteers ' initiative to ensure ownership of the actors in the field and to maximise the potential uptake of the voluntary corps ' actions . the union should entrust implementing organisations notably with the identification , selection , preparation and deployment of eu aid volunteers , as well as with follow - up during and after assignments , in accordance with standards established by the commission . the commission should , in addition , be able to draw upon successfully trained and prepared volunteers for deployment , where appropriate .


### volunteering in humanitarian aid could help maintain young people active , contribute to their personal development and intercultural awareness , and improve their competences and employability in global economy . it would , thus , contribute to the ‘ youth opportunities initiative’18 and to a range of other key objectives of the union such as social inclusion , employment , active citizenship , education , and skills development19 . ### volunteering in humanitarian aid could help maintain young people active , contribute to their personal development and intercultural awareness , and improve their competences and employability in global economy . it would , thus , contribute to the ‘ youth opportunities initiative’18 and to a range of other key objectives of the union such as social inclusion , employment , active citizenship , education , and skills development19 as well as in upholding volunteering as a concrete expression of european solidarity with people affected by crises , thus promoting the union ' s values and principles .


### volunteering in humanitarian aid could help maintain young people active , contribute to their personal development and intercultural awareness , and improve their competences and employability in global economy . it would , thus , contribute to the ' youth opportunities initiative ' and to a range of other key objectives of the union such as social inclusion , employment , active citizenship , education , and skills development . ### volunteering in humanitarian aid could help maintain young people active , contribute to their personal development and intercultural awareness , and improve their competences and employability in global economy . it would , thus , contribute to the ' youth opportunities initiative ' and to a range of other key objectives of the union such as social inclusion , employment , active citizenship , education , and skills development , as well as passing on the union’s values .


### the safety and security of volunteers shall be a priority . ### the training , safety and security of volunteers shall be a priority .


### the eu aid volunteers shall promote common activities and participation of volunteers from different countries and foster joint projects and transnational partnerships between implementing organisations as referred to in article 10 . ### the eu aid volunteers ' initiative shall promote common activities and participation of volunteers from different countries and foster joint projects and transnational partnerships between implementing organisations as referred to in article 10 .


### the eu aid volunteers shall promote common activities and participation of volunteers from different countries and foster joint projects and transnational partnerships between implementing organisations as referred to in article 10 . ### the bodies in charge of eu aid volunteers shall promote common activities and participation of volunteers from different countries and foster joint projects and transnational partnerships between implementing organisations as referred to in article 10 .


### ' volunteer ' means a person who chooses , out of free will and motivation and without a primary concern for financial gain , to engage in activities that benefit the community , him or herself , and society at large . ### ' volunteer ' means a person who chooses , out of free will and motivation and without a primary concern for financial gain , to engage in activities that benefit the community , him or herself , and society at large . volunteers must also have the personal beliefs and knowledge required to promote the union and its values .


### in implementing the regulation , coherence shall be ensured with other areas of union ' s external action and with other relevant union policies . particular attention shall be given to ensure smooth transition between relief , rehabilitation and development . ### in implementing the regulation , coherence shall be ensured with other areas of union ' s external action and with other relevant union policies . particular attention shall be given to ensure smooth transition between relief , rehabilitation and development and synergies with the union civil protection mechanism .


### in implementing the regulation , coherence shall be ensured with other areas of union ' s external action and with other relevant union policies . particular attention shall be given to ensure smooth transition between relief , rehabilitation and development . ### in implementing the regulation , coherence shall be ensured with other areas of union ' s external action and with other relevant union policies . particular attention shall be given to ensuring a smooth transition between relief , rehabilitation and development . links with the eures programme have been forged .


### the commission and the member states shall cooperate to improve the consistency and coherence between relevant national volunteering schemes and the actions of the eu aid volunteers . ### the commission and the member states shall cooperate to improve the consistency and coherence between relevant national volunteering schemes and the actions of the eu and europeaid aid volunteers , as well as to reduce costs .


### the eu aid volunteers shall pursue the following operational objectives : ### the eu aid volunteers ' initiative shall pursue the following operational objectives :


### actions of the eu aid volunteers ### actions of the eu aid volunteers ' initiative


### actions of the eu aid volunteers ### provisions concerning the actions of the eu aid volunteers


### the eu aid volunteers shall pursue the objectives referred to in articles 3 and 7 through the following types of actions : ### the eu aid volunteers ' initiative shall pursue the objectives referred to in articles 3 and 7 through the following types of actions :


### the identification , selection and preparation of candidate volunteers for deployment in humanitarian aid operations ; ### the identification , briefing &#8211 ; both before and after the assignment &#8211 ; selection and preparation of candidate volunteers for deployment in humanitarian aid operations ;


### the commission shall establish a certification mechanism ensuring that sending organisations comply with the standards referred to in article 9 and a differentiated certification mechanism for hosting organisations . ### the commission shall establish a certification mechanism , developed in close cooperation with ngos renowned for humanitarian work , ensuring that sending organisations comply with the standards referred to in article 9 and a differentiated certification mechanism for hosting organisations .


### the commission shall establish a training programme in order to prepare the candidate volunteers for undertaking humanitarian activities and for deployment in humanitarian aid operations . ### the commission shall establish a training programme in order to prepare the candidate volunteers for undertaking humanitarian activities and for deployment in humanitarian aid operations , notably by providing necessary background information on the union ' s role and values regarding humanitarian issues .


### the commission shall establish a training programme in order to prepare the candidate volunteers for undertaking humanitarian activities and for deployment in humanitarian aid operations . ### the commission shall establish a training programme based on the expertise of renowned humanitarian aid organisations in order to prepare the candidate volunteers for undertaking humanitarian activities and for deployment in humanitarian aid operations .


### candidate volunteers who have been identified and selected in accordance with article 11 shall be eligible to participate in the training programme . the individual scope and content of the training each candidate volunteer needs to accomplish shall be determined on the basis of his or her needs taking into account prior experience . ### candidate volunteers who have been identified and selected in accordance with article 11 shall be eligible to participate in the training programme . the individual scope and content of the training each candidate volunteer needs to accomplish shall be determined on the basis of his or her needs , taking into account prior experience , and on the needs and circumstances of the country to which he or she is sent .


### without prejudice to paragraph 3 , candidate volunteers who have not benefited from an apprenticeship placement may be given , where appropriate , additional pre - deployment preparation by certified sending organisations . this preparation and the apprenticeship placement shall comply with the standards for preparation referred to in article 9 . ### without prejudice to paragraph 3 , candidate volunteers who have not benefited from an apprenticeship placement may be given , where appropriate , additional pre - deployment preparation by certified sending organisations . this preparation and the apprenticeship placement shall comply with the standards for preparation referred to in article 9 . candidate volunteers who have not benefited from an apprenticeship and those being sent to a foreign country must be given additional training .


### candidate volunteers who have successfully passed the assessment referred to in article 12 shall be considered eu aid volunteers . they can be as such included in the register of eu aid volunteers and shall be eligible for deployment . ### candidate volunteers who have successfully passed the assessment referred to in article 12 shall be considered eu aid volunteers . they can be as such included in the register of eu aid volunteers and shall be eligible for deployment for a period of no more than two years , after which they must be reassessed .


### eu aid volunteers shall , where necessary with the assistance and direction of the sending and hosting organisations , participate in appropriate information , communication and awareness raising activities before , during and after deployment to promote the eu aid volunteers and their engagement therein . the commission shall define those activities , which shall not impose disproportionate obligations on the volunteers . ### eu aid volunteers shall , with the assistance and direction of the sending and hosting organisations , participate in appropriate information , communication and awareness raising activities before , during and after deployment to promote the eu aid volunteers and their engagement therein . the commission shall define those activities , which shall not impose disproportionate obligations on the volunteers .


### amending regulation no 1905 / 2006 establishing a financing instrument for development cooperation and regulation no 1889 / 2006 on establishing a financing instrument for the promotion of democracy and human rights worldwide ### amending regulation no 1905 / 2006 establishing a financing instrument for development cooperation


### having regard to the treaty establishing the european community , and in particular article 179 and the first paragraph of article 181 thereof , ### having regard to the treaty establishing the european community , and in particular article 179 thereof ,


### in implementing these regulations inconsistencies have emerged regarding exceptions to the principle of non - eligibility for community financing of costs related to taxes , duties and other charges . it is therefore proposed to amend the relevant provisions of regulations nos 1905 / 2006 and 1889 / 2006 in order to align them on the other instruments . ### in implementing this regulation inconsistencies have emerged regarding exceptions to the principle of non - eligibility for community financing of costs related to taxes , duties and other charges . it is therefore proposed to amend the relevant provisions of regulation no 1905 / 2006 in order to align it on the other instruments .


### without prejudice to article 5 , the ceiling for the expenditure referred to in article 1 for the period from 1 january 2014 to 31 december 2020 shall be a maximum amount of eur 1 891 , 936 million in current prices . ### the ceiling for the expenditure referred to in article 1 for the period from 1 january 2014 to 31 december 2020 shall be a maximum amount of eur 1 891 , 936 million in current prices .


### member states whose gross national income per inhabitant based on the latest eurostat data is less than 90% of the union average ; ### member states and / or regions whose gross national income per inhabitant based on the latest eurostat data is less than 90% of the union average ;


### persons who have lost or are at risk of losing their job and want to start their own micro - enterprise , including self - employment ; ### persons who are unemployed or at risk of losing their job and want to start their own micro - enterprise , including self - employment ;


### disadvantaged persons , including the young , who want to start or further develop their own micro - enterprise , including self - employment ; ### disadvantaged persons or persons who are at risk of social exclusion who want to start or further develop their own micro - enterprise , including self - employment ;


### the commission shall carry out interim and final evaluations at its own initiative and in close cooperation with the international financial institutions referred to in article 5 . the interim evaluation shall be completed four years after the start of the facility and the final evaluation at the latest one year after the end of the mandate given to the international financial institutions referred to in article 5 . the final evaluation shall , in particular , examine the extent to which the facility as a whole has achieved its objectives . ### the commission shall carry out interim and final evaluations at its own initiative and in close cooperation with the international financial institutions referred to in article 5 . the interim evaluation shall be completed two years after the start of the facility and the final evaluation at the latest one year after the end of the mandate given to the international financial institutions referred to in article 5 . the final evaluation shall , in particular , examine the extent to which the facility as a whole has achieved its objectives and , if appropriate , make a proposal to increase the efficiency of the implementation of actions by the facility , also drawing on the experience of related programmes such as jeremie .


### this procedure should rely on an alert mechanism for early detection of emerging macroeconomic imbalances . it should be based on use of an indicative and transparent scoreboard combined with economic judgment . ### this procedure should rely on an alert mechanism for early detection of emerging macroeconomic imbalances . it should be based on use of a transparent scoreboard comprising indicative thresholds , combined with uniform economic judgment .


### the scoreboard should consist of a limited set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the composition of the scoreboard may evolve in time , inter alia due to evolving threats to macroeconomic stability or enhanced availability of relevant statistics . ### the scoreboard should consist of a set of economic and financial indicators relevant to detection of macroeconomic imbalances , with corresponding indicative thresholds . the commission should revise the indicators , together with the thresholds which they recommend , before each budgetary planning period , inter alia due to threats to macroeconomic stability .


### the crossing of one or more indicative thresholds need not necessarily imply that macroeconomic imbalances are emerging , as economic policy - making should take into account inter - linkages between macroeconomic variables . economic judgment should ensure that all pieces of information , whether from the scoreboard or not , are put in perspective and become part of a comprehensive analysis . ### the crossing of one or more indicative thresholds need not necessarily imply that macroeconomic imbalances are emerging , as economic policy - making should take into account inter - linkages between macroeconomic variables . economic judgment should ensure that all pieces of information , whether from the scoreboard or not , are put in perspective and become part of a comprehensive analysis , not being taken out of context .


### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should be discussed within the council and the euro group for the member states whose currency is the euro . ### based on the multilateral surveillance procedure and the alert mechanism , the commission should identify in a transparent procedure the member states to be subject to an in - depth review . the in - depth review should encompass a thorough analysis of sources of imbalances in the member state under review . it should include a surveillance mission by the commission to the member state concerned , in liaison with the ecb when those missions concern member states whose currency is the euro or member states participating in erm ii . it should be discussed within the european parliament , the council and the euro group for the member states whose currency is the euro .


### a procedure to monitor and correct adverse macroeconomic imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure . this may include enhanced surveillance missions by the commission to member states and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union . ### a procedure to monitor and correct adverse macroeconomic imbalances , with preventive and corrective elements , will require enhanced surveillance tools based on those used in the multilateral surveillance procedure . this should include enhanced surveillance missions and control of statistics by the commission to member states in liaison with the ecb when those missions concern participating member states or member states participating in the erm ii and additional reporting by the member state in case of severe imbalances , including imbalances that jeopardise the proper functioning of the economic and monetary union .


### the early warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . ### the warnings and recommendations by the european systemic risk board to member states or the union address risks of a macrofinancial nature . these may also warrant appropriate follow - up action in the context of the surveillance of imbalances . the independence and confidentiality regime of the european systemic risk board should be strictly respected .


### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall adapt it if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development . changes in the underlying methodology and composition of the scoreboard and the associated thresholds shall be made public . ### the commission shall regularly assess the appropriateness of the scoreboard , including the composition of indicators , the thresholds set and the methodology used , and shall adapt it , in accordance with article 3 paragraph 1 , and in case of emergency the commission may temporarily adapt the scoreboard , the indicators and the thresholds if necessary to preserve or enhance its capability to detect emerging imbalances and monitor their development . changes in the underlying methodology and composition of the scoreboard and the associated thresholds shall be made public .


### taking account of the discussions in the council and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by imbalances , and of whether these imbalances constitute excessive imbalances . ### taking account of the discussions in the council , the european parliament and the euro group , as provided for in article 4 , the commission shall prepare an in - depth review for each member state it considers affected by , or at risk of , imbalances . this assessment shall include an evaluation of whether the member state in question is affected by macroeconomic imbalances , and of whether these macroeconomic imbalances constitute excessive imbalances . the in - depth review shall involve a surveillance mission by the commission to the member state concerned , in liaison with the ecb when the member state concerned is a member state participating in erm ii .


### the council shall inform the european parliament of its recommendations . the council recommendations shall be made public . ### the commission shall inform the european parliament of its recommendations . the council recommendations shall be made public .


### if economic circumstances change , the council , on a recommendation from the commission , may amend the recommendations adopted under article 7 in accordance with the procedure laid down in the same article . the member state concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in article 8 . ### if economic circumstances change , the commission may amend the recommendations adopted under article 7 in accordance with the procedure laid down in the same article . the council may reject the recommendations by a qualified majority within 10 days . the member state concerned shall submit a revised corrective action plan that shall be assessed in accordance with the procedure laid down in article 8 .


### behaviour which undermines the integrity of the energy market is currently not clearly prohibited on some of the most important energy markets . ### behaviour which undermines the integrity of the energy market and can lead to higher prices to end consumer of energy is currently not clearly prohibited on some of the most important energy markets .


### where information is not commercially sensitive , the agency should be able to make that information available to market participants and the wider public . such transparency can help build confidence in the market and help the development of knowledge about the functioning of wholesale energy markets . ### where information is not commercially sensitive , the agency should be able to make that information available to market participants and the wider public . such transparency can help build confidence in the market and help the development of knowledge about the functioning of wholesale energy markets . in order to ensure greater transparency and public access to information on wholesale energy prices the agency should prepare monthly country by country report on price developments in energy wholesale markets .


### it is important that the penalties for breaches of this regulation are proportionate and dissuasive , and reflect the gravity of the infringements and the potential gains from trading on the basis of inside information and market manipulation . recognising the interactions between trading in electricity and gas derivative products and trading in actual electricity and gas , the penalties for breaches of this regulation should be in line with the penalties adopted by the member states in implementing directive 2003 / 6 / ec . ### it is important that the penalties for breaches of this regulation are proportionate and dissuasive , and reflect the gravity of the infringements and the potential gains from trading on the basis of inside information and market manipulation . to avoid regulatory arbitrage , whereby transactions take place in place where regulation is more flexible or tolerant with regard to penalties the commission should regularly review the necessity to introduce system of penalties at the european union level . recognising the interactions between trading in electricity and gas derivative products and trading in actual electricity and gas , the penalties for breaches of this regulation should be in line with the penalties adopted by the member states in implementing directive 2003 / 6 / ec .


### for the purposes of applying the first subparagraph , information a reasonable market participant would be likely to use as part of the basis of his decision to enter into a transaction relating to a wholesale energy product is information which , if it were made public , would be likely to have a significant effect on the prices of such wholesale energy products . such information includes information related to the capacity of facilities for production , storage , consumption or transmission of electricity or natural gas , as well as information which is required to be disclosed in accordance with legal or regulatory provisions at union or national level , market rules , and contracts or customs on the relevant wholesale energy market . ### for the purposes of applying the first subparagraph , inside information means information which : is required to be made public in accordance with the provisions of regulation no . 714 / 2009 , regulation no . 715 / 2009 or this regulation , including guidelines , network codes or delegated acts adopted pursuant to those regulations , or in accordance with other legislative or regulatory provisions at european union level , in particular directive 2009 / 72 / ec and directive 2009 / 73 / ec ; or where no disclosure requirements exist under subparagraph a ) , has not been made public and , if it were made public , could significantly affect the prices of such wholesale energy products . such inside information only constitutes the following : – information a reasonable professional market participant would be likely to use as part of the basis of his decision to enter into transaction relating to a wholesale energy product is information which , if it were made public , would be likely to have a significant effect on the prices of such wholesale energy products ; or – information which is price - sensitive and precise information related to the capacity of facilities for production , storage , consumption or transmission of electricity or natural gas or lng - facility , as well as information which is routinely made available to the relevant wholesale energy market , or required to be disclosed in accordance with national legal or regulatory provisions , market rules , contracts or accepted market practices on the relevant wholesale market . for the purposes of applying the second subparagraph , information shall be deemed to be of a precise nature if it indicates a set of circumstances which exists or may reasonably be expected to come into existence or an event which has occurred or may reasonably be expected to do so and if it is specific enough to enable a conclusion to be drawn as to the possible effect of that set of circumstances or event on the prices of wholesale energy products .