### 15 years after newly registered vehicles are required to have a tachograph as provided for in this article and in articles 8 and 10 , member states shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this article , taking into account their specific enforcement requirements and strategies . until that time , member states may decide whether to equip their control authorities with such remote early detection equipment . ### the article 9 is replaced by the following : ' 2 . 12 years after newly registered vehicles are required to have a tachograph as provided for in this article and in articles 8 and 10 , member states shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this article , taking into account their specific enforcement requirements and strategies . until that time , member states may decide whether to equip their control authorities with such remote early detection equipment . '


### any rest period taken as compensation for a reduced weekly rest period shall immediately precede or follow a regular weekly rest period of at least 45 hours . ### the following applies to hauliers : any rest period taken as compensation for a reduced weekly rest period shall be attached to another rest period of at least 24 hours . the following applies to passenger carriers : any rest period taken as compensation for a reduced weekly rest period shall be attached to another rest period of at least 9 hours .


### the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle . they shall be taken in a suitable accommodation , with adequate sleeping and sanitary facilities , ### the regular weekly rest period cannot under any circumstances be taken in a vehicle . it must be taken in a suitable accommodation , outside the cabin , with a secure parking area and adequate sleeping and sanitary facilities .


### for the purposes of point , the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question . ### for the purposes of point and , the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the fourth week following the week in question .


### a transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks . ' ; ### a transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of two consecutive weeks . ;


### ' non - commercial carriage ' means any carriage by road , other than carriage for hire or reward or for own account , for which no remuneration is received and which does not generate any income . ### ' non - commercial carriage ' means any carriage of passengers or goods by road , other than carriage for hire or reward or for own account , for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income .


### 15 years after newly registered vehicles are required to have a tachograph as provided in articles 8 , 9 and 10 , vehicles operating in a member state other than their member state of registration shall be fitted with such a tachograph . ### in article 3 , paragraph 4 is replaced by the following : ' 4 . 18 months after newly registered vehicles are required to have a tachograph as provided in articles 8 , 9 and 10 , vehicles operating in a member state other than their member state of registration shall be fitted with such a tachograph . ”


### to enhance cost - effectiveness of enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited . therefore the functionalities of the tachograph should be improved to allow for more precise positioning , in particular during international transport operations . ### to enhance cost - effectiveness of enforcement of the social rules the potential of the current and smart tachograph systems should be subject to mandatory use in international transport . therefore the functionalities of the tachograph should be improved by ensuring that the location of the vehicle is fixed as frequently as possible and by amending article 8 of regulation 165 / 2014 accordingly .


### good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe , efficient and socially accountable road transport sector . to facilitate that process it is essential that the union social rules in road transport are clear , fit for purpose , easy to apply and to enforce and implemented in an effective and consistent manner throughout the union ### good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe , efficient and socially accountable road transport sector , which is able to attract qualified workers . to facilitate that process it is essential that the union social rules in road transport are clear , proportionate , fit for purpose , easy to apply and to enforce and implemented in an effective and consistent manner throughout the union .


### drivers engaged in long - distance international transport operations spend long periods away from their home . the current requirements on the regular weekly rest unnecessarily prolong those periods . it is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest , and be fully compensated for all reduced weekly rest periods . it is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long . ### drivers engaged in long - distance international transport operations spend long periods away from their home . due to the current lack of secure parking and adequate resting facilities , it is necessary to provide for operators to organise the work of drivers in such a way that the periods away from home are not excessively long and that drivers have the possibility to return home on a regular basis .


### for the purposes of point , the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question . ### if a reduced weekly rest period is taken , the driver must take the difference between the rest period taken and 45 hours , in a single block , by the end of the fourth week following the week in which the reduced rest period ends .


### ‘ non - commercial carriage ' means any carriage by road , other than carriage for hire or reward or for own account , for which no remuneration is received and which does not generate any income . ### ‘ non - commercial carriage ' means any carriage by road , other than carriage for hire or reward or for own account , for which no remuneration is received and which does not generate any income or turnover .


### the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle . they shall be taken in a suitable accommodation , with adequate sleeping and sanitary facilities ; ### the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken : in the vehicle provided that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary , or b ) at home or at another private location chosen by the driver . when the driver decides to take this rest at home , the transport undertaking shall provide the driver with the means to return home .


### drivers engaged in long - distance international transport operations spend long periods away from their home . the current requirements on the regular weekly rest unnecessarily prolong those periods . it is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest , and be fully compensated for all reduced weekly rest periods . it is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long . ### drivers engaged in long - distance international transport operations spend long periods away from their home . it is thus desirable to enforce the application of the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest , and be fully compensated for all reduced weekly rest periods . to ensure secure and decent working conditions , it is necessary to provide for operators to organise the work of drivers in such a way that the periods away from their home are not excessively long and that drivers have the possibility to return home on a regular basis and are able to benefit from decent rest conditions in quality accommodation . where a driver chooses to spend that rest period at home , the transport undertaking should provide the driver with the financial or practical means to return there . moreover , the duration of the return journey should not be taken into account for the purposes of calculating the length of the rest period . where a driver chooses to spend the rest period in a place other than their home , this should not be taken into account for the purposes of calculating the driver’s entitlement to travel allowances .


### to enhance cost - effectiveness of enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited . therefore the functionalities of the tachograph should be improved to allow for more precise positioning , in particular during international transport operations . ### to enhance cost - effectiveness of enforcement of the social rules , the current and smart tachograph systems should be mandatory in international transport . therefore the functionalities of the tachograph should be improved to allow for more precise positioning .


### a transport undertaking shall not give drivers it employs or who are put at its disposal any payment , even in the form of a bonus or wage supplement , related to distances travelled and / or the amount of goods carried if that payment is of such a kind as to endanger road safety and / or encourages infringement of this regulation . ### in article 10 , paragraph 1 is replaced by the following : ' 1 . a transport undertaking shall not give drivers it employs or who are put at its disposal any extra payment , even in the form of a bonus or wage supplement , related to distances travelled , the speed of delivery and / or the amount of goods carried if that payment encourages infringement of this regulation . ”


### by way of derogation from paragraph 6 , a driver engaged in a single occasional service of international carriage of passengers , as defined in regulation no 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the international market for coach and bus services , may postpone the weekly rest period for up to 12 consecutive 24 - hour periods following a previous regular weekly rest period , provided that : ### in article 8 , introductory part of paragraph 6a shall be replaced by the following : ' 6a . by way of derogation from paragraph 6 , a driver engaged in a single occasional service of carriage of passengers , as defined in regulation no 1073 / 2009 of the european parliament and of the council of 21 october 2009 on common rules for access to the international market for coach and bus services , may postpone the weekly rest period for up to 12 consecutive 24 - hour periods following a previous regular weekly rest period , provided that : '


### drivers engaged in long - distance international transport operations spend long periods away from their home . the current requirements on the regular weekly rest unnecessarily prolong those periods . it is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest , and be fully compensated for all reduced weekly rest periods . it is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long . ### drivers engaged in long - distance international transport operations spend long periods away from their home . the current requirements on the regular weekly rest unnecessarily prolong those periods . it is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to be fully compensated for all reduced weekly rest periods . it is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long .


### having evaluated the effectiveness and efficiency of the implementation of the existing set of union social rules in road transport , and in particular regulation no 561 / 2006 of the european parliament and of the council9 , certain deficiencies were identified in the existing legal framework . unclear and unsuitable rules on weekly rest , resting facilities , breaks in multi - manning and the absence of rules on the return of drivers to their home , lead to diverging interpretations and enforcement practices in the member states . several member states recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators . _________________ 9 regulation no 561 / 2006 of the european parliament and of the council of 15 march 2006 on the harmonisation of certain social legislation relating to road transport and amending council regulations no 3821 / 85 and no 2135 / 98 and repealing council regulation no 3820 / 85 . ### having evaluated the effectiveness and efficiency of the implementation of the existing set of union social rules in road transport , and in particular regulation no 561 / 2006 of the european parliament and of the council9 , certain deficiencies were identified in the existing legal framework . unclear and unsuitable rules on resting facilities , breaks in multi - manning and the absence of rules on the return of drivers to their home , lead to diverging interpretations and enforcement practices in the member states . several member states recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators . _________________ 9 regulation no 561 / 2006 of the european parliament and of the council of 15 march 2006 on the harmonisation of certain social legislation relating to road transport and amending council regulations no 3821 / 85 and no 2135 / 98 and repealing council regulation no 3820 / 85 .


### drivers engaged in long - distance international transport operations spend long periods away from their home . the current requirements on the regular weekly rest unnecessarily prolong those periods . it is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest , and be fully compensated for all reduced weekly rest periods . it is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long . ### drivers engaged in long - distance international transport operations spend long periods away from their home . the current requirements on the regular weekly rest unnecessarily prolong those periods . it is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest , and be fully compensated for all reduced weekly rest periods . it is also necessary to provide that operators organise the work of drivers in such a way that these periods away from place of residence are not excessively long . drivers should have the right to choose where and how to take the rests .


### drivers engaged in long - distance international transport operations spend long periods away from their home . the current requirements on the regular weekly rest unnecessarily prolong those periods . it is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest , and be fully compensated for all reduced weekly rest periods . it is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long . ### drivers engaged in long - distance international transport operations spend long periods away from their home . in order to ensure that these periods away from home are not excessively long , provision should be made for carriers to organise the work of these drivers so that they can live in decent conditions through the provision of adequate compensation or premiums to pay for decent accommodation . measures should also be taken to ensure that operators organise the return of drivers to their home or another place of their choosing at least every two weeks . it is essential that the duration of this return trip does not count as part of the rest period and that if drivers choose to spend their rest time in a place other than their home the undertaking must not in any way use it to save on the cost of a return or of travel allowances for the driver .


### by way of derogation from article 8 , where a driver accompanies a vehicle which is transported by ferry or train , and takes a regular daily rest period or reduced weekly rest period , that period may be interrupted not more than twice by other activities not exceeding one hour in total . during that regular daily rest or reduced weekly rest period the driver shall have access to a bunk or couchette at their disposal . ; ### by way of derogation from article 8 , where a driver accompanies a vehicle which is transported by ferry or train , and takes a regular daily rest period or weekly rest period , that period may be interrupted not more than twice by other activities not exceeding one hour in total . during that regular daily rest or weekly rest period the driver shall have access to a bunk or couchette at their disposal


### 15 years after newly registered vehicles are required to have a tachograph as provided for in this article and in articles 8 and 10 , member states shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this article , taking into account their specific enforcement requirements and strategies . until that time , member states may decide whether to equip their control authorities with such remote early detection equipment . ### article 9 is amended as follows : ' by 1 january 2020 at the latest , member states shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this article , taking into account their specific enforcement requirements and strategies . until that time , member states may decide whether to equip their control authorities with such remote early detection equipment . '


### 15 years after newly registered vehicles are required to have a tachograph as provided in articles 8 , 9 and 10 , vehicles operating in a member state other than their member state of registration shall be fitted with such a tachograph . ### - 1in article 3 of the present regulation no 165 / 2014 , paragraph 4 is replaced by the following : ' 4 . vehicles performing international road transport operations in a member state other than their member state of registration should be fitted with a smart tachograph within four years of the introduction of the requirement . '


### at home or at another private location chosen by the driver . ### at another location chosen by the driver .


### having evaluated the effectiveness and efficiency of the implementation of the existing set of union social rules in road transport , and in particular regulation no 561 / 2006 of the european parliament and of the council9 , certain deficiencies were identified in the existing legal framework . unclear and unsuitable rules on weekly rest , resting facilities , breaks in multi - manning and the absence of rules on the return of drivers to their home , lead to diverging interpretations and enforcement practices in the member states . several member states recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators . _________________ 9 regulation no 561 / 2006 of the european parliament and of the council of 15 march 2006 on the harmonisation of certain social legislation relating to road transport and amending council regulations no 3821 / 85 and no 2135 / 98 and repealing council regulation no 3820 / 85 . ### having evaluated the effectiveness and efficiency of the implementation of the existing set of union social rules in road transport , and in particular regulation no 561 / 2006 of the european parliament and of the council9 , certain deficiencies were identified in the existing legal framework . _________________ 9 regulation no 561 / 2006 of the european parliament and of the council of 15 march 2006 on the harmonisation of certain social legislation relating to road transport and amending council regulations no 3821 / 85 and no 2135 / 98 and repealing council regulation no 3820 / 85 .


### having evaluated the effectiveness and efficiency of the implementation of the existing set of union social rules in road transport , and in particular regulation no 561 / 2006 of the european parliament and of the council9 , certain deficiencies were identified in the existing legal framework . unclear and unsuitable rules on weekly rest , resting facilities , breaks in multi - manning and the absence of rules on the return of drivers to their home , lead to diverging interpretations and enforcement practices in the member states . several member states recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators . ______________ 9 regulation no 561 / 2006 of the european parliament and of the council of 15 march 2006 on the harmonisation of certain social legislation relating to road transport and amending council regulations no 3821 / 85 and no 2135 / 98 and repealing council regulation no 3820 / 85 . ### having evaluated the effectiveness and efficiency of the implementation of the existing set of union social rules in road transport , and in particular regulation no 561 / 2006 of the european parliament and of the council9 , certain deficiencies were identified in the implementation of the legal framework . unclear rules on weekly rest , resting facilities , breaks in multi - manning and the absence of rules on the return of drivers to their home or to another location of their choice , lead to diverging interpretations and enforcement practices in the member states . several member states recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators . ____________________ 9 regulation no 561 / 2006 of the european parliament and of the council of 15 march 2006 on the harmonisation of certain social legislation relating to road transport and amending council regulations no 3821 / 85 and no 2135 / 98 and repealing council regulation no 3820 / 85 .


### the service lasts at least 24 consecutive hours in a member state or a third country to which this regulation applies other than the one in which the service started ; ### article 8 , paragraph 6a point is deleted : ' '


### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , supporting trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . _________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 . ### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , fostering economic reforms and supporting a value - based trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . _________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 .


### the union is confronted with structural challenges arising from economic globalisation , the management of migration flows and the increased security threat , clean energy transition , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions , experienced especially by smes . taking into account the changing realities of the world of work , the union should be prepared for the current and future challenges by investing in relevant skills , making growth more inclusive and by improving employment and social policies , including in view of labour mobility . ### the union is confronted with structural challenges arising from economic globalisation , the management of migration flows and the increased security threat , clean energy transition , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions , experienced especially by smes . taking into account the changing realities of the world of work , the union should be prepared for the current and future challenges by investing in relevant skills , making growth more inclusive and by improving employment , entrepreneurship including women ' s entrepreneurship and social policies , including in view of labour mobility .


### the esf + aims to support member states to achieve high employment levels , fair social protection and a skilled and resilient workforce ready for the future world of work , in line with the principles set out in the european pillar of social rights proclaimed by the european parliament , the council and the commission on 17 november 2017 . ### the esf + aims to support member states to achieve high employment levels , bringing down the gender employment gap , fair social protection and a skilled and resilient workforce ready for the future world of work , in line with the principles set out in the european pillar of social rights proclaimed by the european parliament , the council and the commission on 17 november 2017 .


### the esf + should aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce . ### the esf + should aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market and women entrepreneurship through measures aiming to ensure , amongst others , improved work / life balance , access to childcare and easier re - entry into the labour market after any extended maternity leaves . the esf + should also aim to provide a healthy , safe and free of sexual harassment and violence either online or in the physical places of work , and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce .


### for the purpose of verifying that a prospective customer is a professional user or a farmer , an economic operator who makes available a restricted explosives precursor to a professional user or a farmer shall for each transaction request the following : ### for the purpose of verifying that a prospective customer is a professional user or an economic operator , an economic operator who makes available a restricted explosives precursor to a professional user or another economic operator shall for each transaction request the following :


### ‘ use’ means any processing , formulation , storage , treatment or mixing , including in the production of an article , or any other utilisation ; ### ‘ use’ means any processing , formulation , consumption , storage , keeping , treatment , filling into containers , transfer from one container to another , mixing , production of an article or any other utilisation ;


### for the purpose of verifying compliance with this regulation and detecting and preventing the illicit manufacture of explosives , economic operators shall retain the data referred to in paragraph 2 , together with the name and address of the customer , for one year from the date of transaction . during that period , the data shall be made available for inspection at the request of the competent inspection authorities or law enforcement authorities . ### for the purpose of verifying compliance with this regulation and detecting and preventing the illicit manufacture of explosives , economic operators shall retain the data referred to in paragraph 2 , the name and address of the customer for one year from the date of transaction . during that period , the data shall be made available for inspection at the request of the competent inspection authorities or law enforcement authorities .


### economic operators may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction within 24 hours , including if possible the identity of the customer , to the national contact point of the member state where the suspicious transaction was concluded or attempted . ### economic operators and online marketplaces that act as an intermediary may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction no later than 48 hours after its occurrence , including if possible the identity of the customer , to the national contact point of the member state where the suspicious transaction was concluded or attempted .


### economic operators may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction within 24 hours , including if possible the identity of the customer , to the national contact point of the member state where the suspicious transaction was concluded or attempted . ### economic operators and online marketplaces that act as an intermediary may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction within 12 hours , including if possible the identity of the customer , to the national contact point of the member state where the suspicious transaction was concluded or attempted . should an economic operator or online marketplace that acts as an intermediary be unable to report within 12 hours , it shall report without undue delay .


### for the purpose of verifying compliance with this regulation and detecting and preventing the illicit manufacture of explosives , economic operators shall retain the data referred to in paragraph 2 , together with the name and address of the customer , for one year from the date of transaction . during that period , the data shall be made available for inspection at the request of the competent inspection authorities or law enforcement authorities . ### for the purpose of verifying compliance with this regulation and detecting and preventing the illicit manufacture of explosives , economic operators shall retain the data referred to in paragraph 2 , the name and address of the customer , and a copy of the licence for one year from the date of transaction . during that period , the data shall be made available for inspection at the request of the competent inspection authorities or law enforcement authorities .


### ' terrorist content ' means one or more of the following information : ### ' terrorist content ' means : content produced by a terrorist group , listed in the european union list of designated terrorist organisations , including :


### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by commission recommendation 2018 / 3347 , and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve automatic detection and to allow the immediate removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


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


### given the scale and speed necessary for effectively identifying and removing terrorist content , proportionate proactive measures , including by using automated means in certain cases , are an essential element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content . ### given the complexity of effectively identifying and removing terrorist content at scale , proportionate proactive measures , are also an important element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . it should not imply a general monitoring obligation .


### member states shall lay down the rules on penalties applicable to breaches of the obligations by hosting service providers under this regulation and shall take all necessary measures to ensure that they are implemented . such penalties shall be limited to infringement of the obligations pursuant to : ### member states shall ensure that the penalties are not criminal in nature and that , when determining the type and level of penalties , the competent authorities take into account all relevant circumstances , including :


### if the hosting service provider cannot comply with the removal order because the removal order contains manifest errors or does not contain sufficient information to execute the order , it shall inform the competent authority without undue delay , asking for the necessary clarification , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the clarification is provided . ### if the hosting service provider cannot comply with the removal order in instances when the removal order contains manifest errors or does not contain sufficient information to execute the order , it shall inform the competent authority immediately , asking for the necessary clarification , using the template set out in annex iii . the hosting service provider shall remove the terrorist content or disable access to it expeditiously as soon as the clarification to the removal order is provided .


### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services . ### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help competent authorities to tackle terrorist content disseminated through their services .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . the competent authorities shall assist smes in taking proactive measures .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within the period specified by the competent authority . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content .


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in disseminating the information stored publicly to third parties ; providers of services that do not share content publicly to third parties , and services at other layers of the internet infrastructure than the application layer , shall not be considered as hosting service providers within the meaning of this regulation .


### a hosting service provider may , at any time , request the competent authority referred to in article 17 a review and , where appropriate , to revoke a request or decision pursuant to paragraphs 2 , 3 , and 4 respectively . the competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider . ### a hosting service provider may , at any time , request the competent authority referred to in article 17 to review and , where appropriate , to revoke a request or decision pursuant to paragraph 2 . the competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider .


### it shall apply from [ 6 months after its entry into force ] . ### it shall apply from [ 18 months after its entry into force ] .


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


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


### a statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of terrorist content listed in article 2 ; ### a detailed statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of terrorist content listed in article 2 ;


### a set of measures to be put in place by member states to identify terrorist content , to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies . ### a set of measures to be put in place by member states to identify terrorist content , to enable its removal by hosting service providers and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall , depending on the risk and level of exposure to terrorist content , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society .


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


### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information . ### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information as well as fundamental rights , the rights to privacy and protection of personal data .


### hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content . ### hosting service providers , competent authorities and relevant union bodies shall publish annual transparency reports on action taken against the dissemination of terrorist content .


### given the scale and speed necessary for effectively identifying and removing terrorist content , proportionate proactive measures , including by using automated means in certain cases , are an essential element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content . ### given the complexity of effectively identifying and removing terrorist content at scale , proportionate proactive measures , are also an important element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . it should not imply a general monitoring obligation .


### rules on duties of care to be applied by hosting service providers in order to prevent the dissemination of terrorist content through their services and ensure , where necessary , its swift removal ; ### rules on duties of care to be applied by hosting service providers in order to prevent the dissemination of terrorist content through their services and ensure , where necessary , to ensure the expeditious removal of terrorist content ; ;


### where it has been informed according to article 4 , the competent authority referred to in article 17 shall request the hosting service provider to submit a report , within three months after receipt of the request and thereafter at least on an annual basis , on the specific proactive measures it has taken , including by using automated tools , with a view to : ### where it has been informed according to article 4 , the competent authority referred to in article 17 shall request the hosting service provider to submit a report , within six months after receipt of the request and thereafter at least on an annual basis , on the specific proactive measures it has taken , including by using automated tools , with a view to :


### where hosting service providers become aware of any evidence of terrorist offences , they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative . hosting service providers may , in case of doubt , transmit this information to europol for appropriate follow up . ### where hosting service providers become aware of an imminent threat to life or lives as a result of terrorist offences , they shall promptly inform the authority competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative . hosting service providers may , in case of doubt , transmit this information to europol for appropriate follow up .


### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders and referrals . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order , hosting service providers should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available . ### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders and referrals . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled as soon as possible after receipt of a removal order , hosting service providers should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available .


### where hosting service providers become aware of any evidence of terrorist offences , they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative . hosting service providers may , in case of doubt , transmit this information to europol for appropriate follow up . ### where hosting service providers become aware of any evidence of terrorist offences , they shall promptly inform the authorities responsible for the investigation and prosecution of criminal offences in the member state concerned or the point of contact pursuant to article 14 , in the member state where they have their main establishment or a legal representative . hosting service providers shall transmit this information to europol for appropriate follow - up .


### under article 4 of regulation … . 16the addressee of the removal order shall remove terrorist content or disable access to it , within one hour from receipt of the removal order from the competent authority . _________________ 16 regulation of the european parliament and of the council on preventing the dissemination of terrorist content online . ### under article 4 of regulation …16 the addressee of the removal order shall remove terrorist content or disable access to it , within the deadline specified by the competent authority . _________________ 16 regulation of the european parliament and of the council on preventing the dissemination of terrorist content online .


### – the improvement of the breed or cross ; ### – the improvement or differentiation of the breed ; or


### by way of derogation from article 4 , the competent authority may refuse to recognise a breed society that complies with the requirements set out in part 1 of annex i where the breeding programme of that breed society would compromise the preservation or the genetic diversity of purebred breeding animals entered , or registered and eligible for entry , in the breeding book established for that breed by a breed society that has already been recognised in that member state . ### by way of derogation from article 4 , the competent authority may refuse to recognise a breed society that complies with the requirements set out in part 1 of annex i where the breeding programme of that breed society would compromise : – the preservation or the genetic diversity of purebred breeding animals entered , or registered and eligible for entry , in the breeding book established for that breed by a breed society that has already been recognised in that member state , leading to a loss of efficiency in terms of monitoring any increase of inbreeding , and of managing genetic anomalies , as a result of a lack of coordinated management and of exchange of information on the genetic heritage of the breed ; – the effective implementation of an existing recognised society ' s improvement programme for the same breed , leading to a significant loss of effectiveness in terms of the genetic progress expected ; – the achievement of the objectives of the nagoya protocol and of the convention on biological diversity in relation to biodiversity conservation ; or – the objectives of the eu biodiversity strategy to 2020 .


### the systems to generate , record , communicate and use the results of performance testing and , where required in accordance with article 27 , to carry out a genetic evaluation in order to estimate the genetic values of breeding animals with a view to the improvement , selection or preservation of the breed or the improvement of the cross ; ### the systems to generate , record , communicate and use the results of performance testing and , where required in accordance with article 27 , to estimate the genetic values of breeding animals with a view to the improvement , selection or preservation of the breed or the improvement of the cross ;


### breed societies shall require that purebred breeding animals of the bovine species and male purebred breeding animals of dairy breeds of the ovine and caprine species are identified by analysis of their blood group or by any other appropriate method providing at least the same degree of certainty when they are used for : ### breed societies shall require that purebred breeding animals of the bovine , ovine and caprine species and male purebred breeding animals of the porcine species are identified by analysis of their blood group , by single nucleotide polymorphism analysis , by microsatellite analysis or by any other appropriate method providing at least the same degree of certainty when they are used for :


### collection of semen from breeding animals which have undergone , where applicable , performance testing and genetic evaluation in accordance with article 27 or set out in the delegated act adopted pursuant to article 28 ; ### collection of semen from breeding animals which have undergone , where applicable , performance testing and genetic evaluation in accordance with article 27 ;


### – the preservation of the breed , or ### the preservation of genetic variation within a breed , or


### performance testing shall follow the rules and standards established by the relevant european union reference centre provided for in article 31 in cooperation with the international committee for animal recording . ### performance testing shall follow the rules and standards established by the relevant european union reference centre provided for in article 31 in cooperation with icar .


### where a breeding programme approved in accordance with article 8 or article 9 requires performance testing and genetic evaluation for the classification of purebred breeding animals of the equine species in breeding books and for the acceptance for breeding of male breeding animals of the equine species and their semen , breed societies shall ensure that such performance testing and genetic evaluation are carried out in accordance with the following rules set out in annex i : ### where a breeding programme approved in accordance with article 8 or article 9 requires performance testing and genetic evaluation for the classification of purebred breeding animals of the equine or asinine species in breeding books and for the acceptance for breeding of breeding animals and their germinal products , breed societies shall ensure that such performance testing and genetic evaluation are carried out in accordance with the following rules set out in annex i :


### a delegated act adopted pursuant to articles 4 , 8 , 17 , 19 , 20 , 21 , 23 , 24 , 28 , 32 , 33 , 35 , 39 , 45 and 52 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period may be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 17 , 32 , and 33 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period may be extended by two months at the initiative of the european parliament or of the council .


### operate as specialised units under the responsibility of a breed society or breeding operation ; or ### operate as specialised units under the responsibility of a breed society or breeding operation , provided they are recognised by the european reference centre designated under article&#160 ; 31 or certified according to the iso standard by an independent institution ; or


### breed societies shall carry out performance testing to establish the genetic value of purebred breeding animals of the bovine species using one or a combination of the methods set out in this chapter . ### breed societies shall carry out , or have a designated institution as referred to in article 29 carry out , performance testing to establish the genetic value of purebred breeding animals of the bovine species using one or a combination of the methods set out in this chapter .


### bulls intended for artificial insemination , with the exception of bulls belonging to breeds threatened with extinction , shall be subjected to a genetic evaluation on compulsory traits as described in point 6 or 7 . those breeding values shall be published by the breed society . ### bulls intended for artificial insemination , with the exception of bulls belonging to breeds threatened with extinction , shall be subjected to a genetic evaluation on , as a minimum requirement , compulsory traits as described in point 6 or 7 . all of those breeding values shall be published by the breed society .


### breed societies shall not exclude on zootechnical or genealogical grounds , other than those resulting from the application of article 19 , the use of purebred breeding animals entered in the main section of their breeding book for breeding using the following reproduction techniques : ### breed societies shall not exclude on zootechnical or genealogical grounds , other than those resulting from the application of article 19 and article 27 , the use of purebred breeding animals entered in the main section of their breeding book for breeding using the following reproduction techniques :


### the delegation of power referred to in articles 4 , 8 , 17 , 19 , 20 , 21 , 23 , 24 , 28 , 32 , 33 , 35 , 39 , 45 and 52 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 17 , 32 , and 33 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### all available results of performance tests and up - to - date results of the genetic evaluation including genetic peculiarities and genetic defects on the purebred breeding animal itself and its parents and grandparents as required in the breeding programme approved in accordance with art 8 or article 9 for the category and the purebred breeding animal in question ; ### all available results of the genetic evaluation or , failing that , performance tests , including genetic peculiarities and genetic defects on the purebred breeding animal itself and its parents and grandparents as required in the breeding programme approved in accordance with art 8 or article 9 for the category and the purebred breeding animal in question ;


### breed societies and breeding operations shall , where necessary to carry out their breeding programme approved in accordance with article&#160 ; 8 or article 9 , designate the institution which carries out the performance testing and the genetic evaluation of breeding animals provided for in article 27 . ### to accept male breeding animals and their germinal products for breeding , and when carrying out their breeding programme approved in accordance with article 8 or article 9 requires performance testing and genetic evaluation activities , breed societies and breeding operations must : carry out those activities themselves ; or designate a third party to whom those activities are delegated .


### ‘ breed society’ means any breeding organisation or breeders ' association which is recognised by the competent authority of a member state in accordance with article 4 for the purpose of carrying out a breeding programme on purebred breeding animals entered in the breeding book it maintains or establishes ; ### ‘ breed society’ means any operator which has been given legal personality in accordance with the applicable legislation in the member state in which the application for recognition was made and which is recognised by the competent authority of a member state in accordance with article 4 , or an official service in the member state concerned , for the purpose of carrying out a breeding programme on purebred breeding animals entered in the breeding book it maintains or establishes


### the power to adopt delegated acts referred to in articles 4 , 8 , 17 , 19 , 20 , 21 , 23 , 24 , 28 , 32 , 33 , 35 , 39 , 45 and 52 shall be conferred on the commission for an indeterminate period from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in articles 17 , 32 , and 33 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report on the delegation of power no later than nine months before the end of the five - year period and shall report to the european parliament and the council . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the breeding of domestic animals of the bovine , porcine , ovine , caprine and equine species , and to a lesser extent the breeding of animals of other species , occupy an important place in union agriculture and is a source of income for the agricultural community . the breeding of animals of those species is best encouraged if purebred breeding animals or hybrid breeding pigs of recorded high genetic quality are used . ### the breeding of livestock of the bovine , porcine , ovine , caprine and equine species , and to a lesser extent the breeding of animals of other species , occupy a strategic place in union agriculture in economic and social terms . this agricultural activity , which contributes to food security in the union , is a source of income for the agricultural community . the breeding of animals of those species is best encouraged if purebred breeding animals or hybrid breeding pigs of recorded high genetic quality are used .


### in point of article 2 in the case of purebred breeding animals of the equine species ; ### in point of article 2 in the case of breeding animals of the equine species . both of the animal’s parents are entered in the main section of the breeding book and have been accepted for breeding by the breed society ;


### by way of derogation from article 4 , the competent authority may refuse to recognise a breed society that complies with the requirements set out in part 1 of annex i where the breeding programme of that breed society would compromise the preservation or the genetic diversity of purebred breeding animals entered , or registered and eligible for entry , in the breeding book established for that breed by a breed society that has already been recognised in that member state . ### by way of derogation from article 4 , the competent authority may refuse to recognise a breed society that complies with the requirements set out in part 1 of annex i where the breeding programme of that breed society would compromise : – the preservation of purebred breeding animals entered , or registered and eligible for entry , in the breeding book established for that breed by a breed society that has already been recognised in that member state ; or – the genetic diversity in terms of monitoring inbreeding and managing genetic anomalies as a result of a failure to coordinate and exchange information ; or – the preservation and sustainable management of the animal genetic resources over which the member state concerned exercises sovereignty and for which it has responsibility in accordance with the objectives of the convention on biological diversity and of the nagoya protocol .


### the inclusion in the genetic evaluation of temperament , morphological rating data and disease resistance shall only be considered if the data are generated on the basis of a recording system approved by the designated institution as provided for in article 29 . ### the inclusion in the genetic evaluation of temperament , morphological rating data and disease resistance or any other new trait shall only be considered if the data are generated on the basis of a recording system approved by the designated institution as provided for in article 29 .


### all available results of performance tests and up - to - date results of the genetic evaluation including genetic peculiarities and genetic defects on the purebred breeding animal itself and its parents and grandparents as required in the breeding programme approved in accordance with art 8 or article 9 for the category and the purebred breeding animal in question ; ### as regards the main production characteristics , all available results of the genetic evaluation or , failing that , performance tests , including genetic peculiarities and genetic defects on the purebred breeding animal itself and its parents and grandparents as required in the breeding programme approved in accordance with art 8 or article 9 for the category and the purebred breeding animal in question ;


### the breeding value of a breeding animal shall be calculated on the basis of the results of the performance testing of the individual or of its relatives and the confidence in such a breeding value may be enhanced by the use of genomic information or based on another method validated by the european union reference centre referred to in article 31 . ### the breeding value of a breeding animal shall be calculated on the basis of genome - related information and / or the results of the performance testing of the individual and / or of its relatives and / or any other source of information validated by the european union reference centre referred to in article 31 .


### the quality of the services provided by breed societies and breeding operations and the way that they evaluate and classify animals has an impact on the value of breeding animals on the market . accordingly , rules should be laid down for the recognition of breed societies and breeding operations based on harmonised union criteria and their supervision by the competent authority of member states in order to ensure that the rules established by them do not create disparities between breeding programmes and breeding standards and thereby create technical barriers to intra - union trade . ### the quality of the services provided by breed societies and breeding operations and the way that they evaluate and classify animals define the animal ' s performance level and have an impact on the value of breeding animals on the market . accordingly , rules should be laid down for the recognition of breed societies and breeding operations based on harmonised union criteria and their supervision by the competent authority of member states in order to ensure that the rules established by them do not create disparities between breeding programmes and breeding standards and thereby create technical barriers to intra - union trade .


### ‘ merit’ means a quantifiable heritable characteristic of a breeding animal ; ### ‘ merit ' means an estimate of the expected effect of an animal ' s genotype on a given characteristic of its progeny ;


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


### – the preservation of the breed , or ### - the preservation of genetic diversity within the breed , or


### breed societies shall require that purebred breeding animals of the bovine species and male purebred breeding animals of dairy breeds of the ovine and caprine species are identified by analysis of their blood group or by any other appropriate method providing at least the same degree of certainty when they are used for : ### breed societies shall require that purebred breeding animals of the bovine , porcine , ovine , caprine and equine species are identified by dna analysis or by any other appropriate method providing at least the same degree of certainty when they are used for :


### performance testing and genetic evaluation may be carried out by institutions designated by the breed society or the breeding operation . those designated institutions shall cooperate with the european union reference centres designated by the commission . the commission should therefore be empowered to designate by way of implementing acts european union reference centres and the necessary powers should be granted to the commission to adopt delegated acts describing their duties and functions , where necessary by amending annex iv . those reference centres qualify for union aid in accordance with council decision 2009 / 470 / ec of 25 may 2009 on expenditure in the veterinary field14 . in the case of purebred breeding animals of the bovine species , performance testing and genetic evaluation carried out by a breed society are at present assisted by the interbull centre , the european union reference body designated by council decision 96 / 463 / ec of 23 july 1996 designating the reference body responsible for collaborating in rendering uniform the testing methods and the assessment of the results for purebred breeding animals of the bovine species15 . 4 oj l 155 , 18 . 6 . 2009 , p . 30 . 15 oj l 192 , 2 . 8 . 1996 , p . 19 . ### performance testing and genetic evaluation may be carried out by institutions designated by the breed society or the breeding operation . those designated institutions shall cooperate with the european union reference centres designated by the commission . the commission should therefore be empowered to designate by way of implementing acts european union reference centres and the necessary powers should be granted to the commission to adopt delegated acts describing their duties and functions , where necessary by amending annex iv . those reference centres qualify for union aid in accordance with regulation no 652 / 2014 of the european parliament and of the council14 . in the case of purebred breeding animals of the bovine species , performance testing and genetic evaluation carried out by a breed society are at present assisted by the interbull centre , a permanent subcommittee of the international committee for animal recording , designated by council decision 96 / 463 / ec of 23 july 1996 as the reference body responsible for collaborating in rendering uniform the testing methods and the assessment of the results for purebred breeding animals of the bovine species15 . 14 regulation no 652 / 2014 of the european parliament and of the council of 15 may 2014 laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material , amending council directives 98 / 56 / ec , 2000 / 29 / ec and 2008 / 90 / ec , regulations no 178 / 2002 , no 882 / 2004 and no 396 / 2005 of the european parliament and of the council , directive 2009 / 128 / ec of the european parliament and of the council and regulation no 1107 / 2009 of the european parliament and of the council and repealing council decisions 66 / 399 / eec , 76 / 894 / eec and 2009 / 470 / ec . 15 oj l 192 , 2 . 8 . 1996 , p . 19 .


### on request of a member state or a european association of breed societies for purebred animals of the species concerned , the commission may , by means of implementing acts , approve methods for the verification of the identity of purebred breeding animals of the bovine species and male purebred breeding animals of dairy breeds of the ovine and caprine species that provide at least the same degree of certainty as the analysis of the blood group of those purebred breeding animals , taking into account technical advances and the recommendations of the european reference centres referred to in article 31 . ### on request of a member state or a european association of breed societies for purebred animals of the species concerned , the commission may , by means of implementing acts , approve methods for the verification of the identity of the breeding animals provided for in paragraph 1 that provide at least the same degree of certainty as the analysis of the blood group of those purebred breeding animals , taking into account technical advances and the recommendations of the european reference centres referred to in article 31 .


### the delegation of power referred to in articles 4 , 8 , 17 , 19 , 20 , 21 , 23 , 24 , 28 , 32 , 33 , 35 , 39 , 45 and 52 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of powers referred to in articles 17 , 32 , and 33 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### of the species referred to in point which descents from parents entered in the main section of a breeding book of the same breed and which is itself entered or registered and eligible for entry in the main section of such a breeding book in accordance with article 19 ; ### of the species referred to in point which descents from parents entered in the breeding book of the same breed and which is itself entered or registered and eligible for entry in the breeding book , including geldings , in accordance with article 19 ;


### in the light of the opinion of the independent expert referred to in article 13 , the commission may , by means of an implementing act , lay down uniform rules for performance testing and genetic evaluations and the interpretation of the results thereof . ### in the light of the opinion of the independent expert referred to in article 13 , the commission may , by means of an implementing act , lay down uniform rules for performance testing and genetic evaluations for animals other than those belonging to the equine and porcine species , and for the interpretation of the results thereof , on the basis of the work of the icar .


### all available results of performance tests and up - to - date results of the genetic evaluation including genetic peculiarities and genetic defects on the purebred breeding animal itself and its parents and grandparents as required in the breeding programme approved in accordance with art 8 or article 9 for the category and the purebred breeding animal in question ; ### all available results of the genetic evaluation or , failing that , performance tests , including genetic peculiarities and genetic defects on the purebred breeding animal itself and its parents and grandparents as required in the breeding programme approved in accordance with art 8 or article 9 for the category and the purebred breeding animal in question ;


### actions contributing to projects of common interest in the field of providing free local wireless connectivity in local communities shall meet conditions set out in section 4 in the annex . ### actions contributing to projects of common interest in the field of providing free and safe local wireless connectivity in local communities shall meet conditions set out in section 4 in the annex .


### is free , easy to access , and uses state - of - the - art equipment , and ### is free , safe , easy to access , and uses state - of - the - art equipment , and


### build on very high - speed broadband connectivity enabling delivery of high quality internet experience to users that ### build on high - speed broadband connectivity enabling delivery of high quality internet experience to users that


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage public sector bodies to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life , particularly in rural areas that do not benefit from any similar free public or private offers . such bodies could include municipalities , a group of municipalities and other local public authorities , cultural spaces , museums , schools and universities , libraries , hospitals and health centres .