### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the implementation of the programme . ### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than two years after the start of the implementation of the programme .


### ' digital innovation hub ' means legal entity designated or selected in an open and competitive procedure in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools to enable the digital transformation of the industry . ### ' digital innovation hub ' means legal entity designated or selected in an open , transparent and competitive procedure , in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools , as well as specialised trainings in advance digital skills , to enable the digital empowerment of all european citizens and the digital transformation of the industry and public institutions .


### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and security as well as competitiveness of industry , notably small and medium - sized enterprises . ### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by all beneficiaries of the programme and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards social inclusiveness , health , environment and security as well as competitiveness of industry , notably small and medium - sized enterprises .


### additional digital innovation hubs shall be selected on the basis of an open and competitive process , in such a way to ensure the widest geographical coverage across europe . the number of entities of the network shall be proportional to the population of a given member states and there shall be at least one digital innovation hub per member state . to address the specific constraints faced by the eu outermost regions , specific entities may be nominated to cover their needs . ### additional digital innovation hubs shall be selected on the basis of an open and competitive process , in such a way to ensure the widest geographical coverage across europe . the number of entities of the network shall be proportional to the population of a given member state and the aim shall be to ensure that there be at least one digital innovation hub per country during the first year of implementation of the programme . to address the specific constraints faced by the eu outermost regions , specific entities may be nominated to cover their needs .


### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . before appointment , the candidate selected by the management board should be invited to appear before the competent committees of the european parliament so that they may give their consent . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency .


### the receiving agency should , in all circumstances and with no margin of discretion in that regard , inform the addressee in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands or in the official language or one of the official languages of the place of service . this rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal . the right of refusal should also apply in respect of service by diplomatic or consular agents , service by postal services and direct service . it should be possible to remedy the service of the refused document by serving a translation of the document on the addressee . ### the receiving agency should , in all circumstances and with no margin of discretion in that regard , inform the addressee in writing using the standard form that he or she may refuse to accept the document to be served if it is not either in a language which he or she understands . this rule should also apply to any subsequent service once the addressee has exercised his or her right of refusal . the right of refusal should also apply in respect of service by diplomatic or consular agents , service by postal services and direct service . it should be possible to remedy the service of the refused document by serving a translation of the document on the addressee .


### the commission shall regularly inform the european parliament and the council of developments regarding the union ' s macro - financial assistance , including disbursements thereof , and shall provide those institutions with the relevant documents in due time . ### the commission shall regularly inform the european parliament and the council of developments regarding compliance with the agreed conditions for the union ' s macro - financial assistance , including disbursements thereof and the use made of them , and shall provide those institutions with the relevant documents in due time .


### the conditions referred to in paragraph 1 shall aim , in particular , at enhancing the efficiency , transparency and accountability of the public finance management systems in moldova , including for the use of the union ' s macro - financial assistance . progress in mutual market opening , the development of rules - based and fair trade , and other priorities in the context of the union ' s external policy shall also be duly taken into account when designing the policy measures . progress in attaining those objectives shall be regularly monitored by the commission . ### the conditions referred to in paragraph 1 shall aim , in particular , at enhancing the efficiency , transparency and accountability of the public finance management systems in moldova , including for the use of the union ' s macro - financial assistance . not only progress in the development of rules - based and fair trade but above all also practical progress with the implementation of social reforms and practical measures to combat corruption , with transparency of decision - making processes in politics and administration and with ending protracted court cases against political opponents in the country shall also be taken into account when designing the policy measures . progress in attaining those objectives shall be regularly monitored by the commission .


### medicated feed and intermediate products may be manufactured and stored before the prescription referred to in article 15 is issued . this provision shall not apply to on - farm mixers or in case of manufacture of medicated feed or intermediate products from veterinary medicinal products in accordance with articles 10 or 11 of directive 2001 / 82 / ec . ### medicated feed and intermediate products may not be manufactured and stored before the prescription referred to in article 15 is issued .


### medicated feed containing antimicrobial veterinary medicinal products shall not be used to prevent diseases in food - producing animals or to enhance their performance . ### since there is a direct link between good animal husbandry and a responsible use of veterinary medicines , medicated feed containing antimicrobial veterinary medicinal products shall never be used to prevent diseases in food - producing animals or to enhance their performance


### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ‘ carry - over’ is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ‘ cross - contamination’ is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be avoided or kept as low as possible . in order to protect animal health , human health and the environment , maximum levels of carry - over for active substances contained in medicated feed should be established , based on a scientific risk assessment performed by the european food safety authority and taking into account the application of good manufacturing practice and the alara principle . general limits should be set out in this regulation , taking into account the unavoidable carry - over and the risk caused by the active substances concerned . ### carry - over may occur during production , processing , storage and transport of feed where the same production and processing equipment , storage facilities or means of transport are used for feed with different components . for the purposes of this regulation , the concept of ‘ carry - over’ is used specifically to designate the transfer of traces of an active substance contained in a medicated feed to a non - target feed , while the term ‘ cross - contamination’ is to be considered as a contamination resulting from a carry - over or from the transfer in feed of any unintended substance . carry - over of active substances contained in medicated feed to non - target feed should be prohibited in order to protect animal health , human health and the environment .


### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription which has been issued after examination of the animals to be treated . however , the possibility to manufacture medicated feed before a prescription is presented to the manufacturer should not be excluded . ### in order to ensure the safe use of medicated feed , its supply and use should be subject to presentation of a valid veterinary prescription which has been issued after examination of the animals to be treated .


### livestock production occupies a very important place in the agriculture of the union . the rules concerning medicated feed have significant influence on the keeping and on the rearing of animals , including non - food producing animals , and on the production of products of animal origin . ### livestock production , animal health and welfare , occupy a very important place in the agriculture of the union . the rules concerning medicated feed have significant influence on the keeping and on the rearing of animals , including non - food producing animals , and on the production of products of animal origin .


### article 19 stay outside the competent member state unless otherwise provided for by paragraph 2 , an insured person and the members of his / her family staying in a member state other than the competent member state shall be entitled to the benefits in kind which become necessary on medical grounds during their stay , taking into account the nature of the benefits and the expected length of the stay . these benefits shall be provided on behalf of the competent institution by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though the persons concerned were insured under the said legislation . 2 . the administrative commission shall establish a list of benefits in kind which , in order to be provided during a stay in another member state , require for practical reasons a prior agreement between the person concerned and the institution providing the care . ### article 19 is replaced by the following ; “article 19 stay outside the competent member state unless otherwise provided for by paragraph 2 , an insured person and the members of his / her family staying in a member state other than the competent member state shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long - term care during their stay , taking into account the nature of the benefits and the expected length of the stay . these benefits shall be provided on behalf of the competent institution by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though the persons concerned were insured under the said legislation . 2 . the administrative commission shall establish a list of benefits in kind which , in order to be provided during a stay in another member state , require for practical reasons a prior agreement between the person concerned and the institution providing the benefit . ”


### in order to ensure clarity regarding the terminology in eu law , the term “posting” should only be used for the posting of workers within the meaning of directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 34 in addition , to achieve consistency in treatment between employed and self - employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily posted or sent to another member state should apply consistently to both employed and self - employed persons . __________________ 34 oj l 018 , 21 . 01 . 1997 p . 1 . ### to achieve consistency in treatment between employed and self - employed persons it is necessary that the special rules for the determination of applicable legislation in the cases of workers who are temporarily sent to another member state should apply consistently to both employed and self - employed persons .


### documents issued by the institution of a member state and showing the position of a person for the purposes of the application of the basic regulation and of the implementing regulation , and supporting evidence on the basis of which the documents have been issued , shall be accepted by the institutions of the other member states for as long as they have not been withdrawn or declared to be invalid by the member state in which they were issued . such documents shall only be valid if all sections indicated as compulsory are filled in . ### documents issued by the institution of a member state and showing the position of a person for the purposes of the application of the basic regulation and of the implementing regulation , and supporting evidence on the basis of which the documents have been issued , shall be accepted by the institutions of the other member states for as long as they have not been withdrawn or declared to be invalid by the member state in which they were issued . such documents shall only be valid if all sections indicated as compulsory are filled in . however , such documents are not required to be accepted where they have not been withdrawn due to a breach of the principle of sincere cooperation by the issuing member state .


### –the issuance , the format and the contents of a portable document certifying the social security legislation which applies to the holder , ### –the issuance , the forgery - proof electronic format and the contents , with mandatory information , of a portable document certifying the social security legislation which applies to the holder and including a single european social security number ,


### there is a need to ensure greater parity of treatment for frontier and cross - border workers by ensuring frontier workers receive unemployment benefits from the member state of last activity provided that they have worked in that member state for at least the past twelve months . ### there is a need to ensure greater parity of treatment for frontier and cross - border workers by giving them the choice to receive unemployment benefits from the member state of last activity or from the member state of residence in order to enhance the probability of the unemployed to find employment in the member state where his or her chances are the highest .


### member states should ensure that economically inactive eu mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host member state , as laid down in directive 2004 / 38 / ec . this may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage in the member state in which they habitually reside . ### member states ensure that economically inactive eu mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host member state . this may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage or to otherwise fulfil the relevant criteria for access to sickness insurance in the member state in which they habitually reside .


### family benefits in cash which are intended to replace income during periods of child - raising and which are listed in part 1 of annex xiii shall be awarded solely to the person subject to the legislation of the competent member state and there shall be no derived right for his or her family members to such benefits . article 68a of this regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent , a person treated as a parent or institution acting as guardian of the child or children pursuant to article 60 of the implementing regulation . ### family benefits in cash which are intended to replace income during periods of child - raising and which are listed in part 1 of annex xiii shall be awarded solely to the person subject to the legislation of the competent member state and there shall be no derived right for his or her family members to such benefits . article 68a of this regulation applies to those benefits in situations where the individual beneficiary of family benefits serving as income replacement during child raising does not fulfil his or her maintenance obligations .


### the claims shall be paid to the liaison body of the creditor member state referred to in article 66 of the implementing regulation by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor member state . this does not apply to the claims which the debtor institution has rejected for a relevant reason within that period . ### article 67 paragraph 5 is replaced by the following : 5 . the claims shall be paid to the liaison body of the creditor member state referred to in article 66 of the implementing regulation by the debtor institution within 12 months of the end of the month during which they were introduced to the liaison body of the debtor member state . this does not apply to the claims which the debtor institution has rejected for a relevant reason within that period .


### in paragraph 3 , the word “three” shall be replaced by “six” and the words “a maximum of six months” shall be replaced by the words “the end of the period of entitlement to benefits” . ### paragraph 3 is deleted .


### in the area of unemployment benefits , the rules on the aggregation of periods of insurance should be applied uniformly by all member states . with the exception of cross - border workers referred to in article 65 , the rules on the aggregation of periods for the purpose of conferring entitlement to unemployment benefits should be subject to the condition that an insured person has most recently completed at least three months of insurance in that member state . the previously competent member state should become competent for all insured persons who do not satisfy this condition . in this case , registration with the employment services of the member state of most recent insurance should have the same effect as registration with the employment services of the member state , where the unemployed person had been previously insured . ### in the area of unemployment benefits , the rules on the aggregation of periods of insurance should be applied uniformly by all member states on the basis of article 6 .


### for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one . ### article 25 , paragraph 1 is replaced by the following : ' 1 . for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care or long - term care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one . '


### for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one . ### in article 25 , paragraph 1is replaced by the following : for the purposes of the application of article 19 of the basic regulation , the insured person shall present to the health care or long - term care provider in the member state of stay a document issued by the competent institution indicating his entitlement to benefits in kind . if the insured person does not have such a document , the institution of the place of stay , upon request or if otherwise necessary , shall contact the competent institution in order to obtain one .


### a person who normally pursues an activity as a self - employed person in a member state who goes to pursue a similar activity in another member state shall continue to be subject to the legislation of the first member state , provided that the anticipated duration of such activity does not exceed 24 months and that the person is not replacing another posted employed or self - employed person . ### a person who normally pursues an activity as a self - employed person in a member state who goes to pursue a similar activity in another member state shall continue to be subject to the legislation of the first member state , provided that : the anticipated or actual duration of such activity does not exceed six months and that the person is not replacing another posted employed or self - employed person , and for a period of at least six months immediately preceding the start of the activity , the person concerned has already been subject to the legislation of the member state in which he or she normally pursues his or her activity .


### in paragraph 1 the word &#8220 ; three&#8221 ; shall be replaced by &#8220 ; six&#8221 ; and the words &#8220 ; of three months up to a maximum of six months&#8221 ; shall be replaced by the words &#8220 ; of six months up to the end of the period of that person ' s entitlement to benefits&#8221 ; ; ### in paragraph 1 , point is replaced by the following : “ entitlement to unemployment benefits shall be maintained until their expiry ; ”


### –the withdrawal of the document when its accuracy and validity is contested by the competent institution of the member state of employment . ### –the withdrawal of the document : –when its accuracy and validity is contested by the competent institution of the member state of employment ; –when the issuing institution fails to respond within the specified deadline .


### article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ### article 30 is replaced by the following : “article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , long - term care , maternity and equivalent paternity benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , long - term care , maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ”


### article 23 regime applicable in the event of the existence of more than one regime in the member state of residence or stay if the legislation of the member state of residence or stay comprises more than one scheme of sickness , maternity and paternity insurance for more than one category of insured persons , the provisions applicable under articles 17 , 19 , 20 , 22 , 24 and 26 of the basic regulation shall be those of the legislation on the general scheme for employed persons . ### article 23 is replaced by the following ; ' article 23 regime applicable in the event of the existence of more than one regime in the member state of residence or stay if the legislation of the member state of residence or stay comprises more than one scheme of sickness , long - term care , maternity and paternity insurance for more than one category of insured persons , the provisions applicable under articles 17 , 19 , 20 , 22 , 24 and 26 of the basic regulation shall be those of the legislation on the general scheme for employed persons . '


### following the recommendations in the eu citizenship report 2013 , 35 there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders . __________________ 35 com 269 final . ### there is a need to extend the duration of export of unemployment benefits until exhaustion of the rights acquired by the job seeker in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for requalification and reintegration into the labour market and to address skills mismatches across borders . . __________________ 35 com 269 final .


### article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ### article 30 is replaced by the following : “article 30 contributions by pensioners the institution of a member state which is responsible under the legislation it applies for making deductions in respect of contributions for sickness , maternity and equivalent paternity and long - term care benefits , may request and recover such deductions , calculated in accordance with the legislation it applies , only to the extent that the cost of the benefits pursuant to articles 23 to 26 is to be borne by an institution of the said member state . 2 . where , in the cases referred to in article 25 , the acquisition of sickness , maternity and equivalent paternity and long - term care benefits is subject to the payment of contributions or similar payments under the legislation of a member state in which the pensioner concerned resides , these contributions shall not be payable by virtue of such residence . ”


### the interest shall be calculated on the basis of the reference rate applied by the european central bank to its main refinancing operations . the reference rate applicable shall be that in force on the first day of the month on which the payment is due . ### in article 68 , paragraph 2 is replaced by the following : ' 2 . the interest shall be calculated on the basis of the reference rate applied by the european central bank to its main refinancing operations plus 8 percentage points . the reference rate applicable shall be that in force on the first day of the month on which the payment is due . '


### article 79 funding of activities in the social security field in connection with this regulation and the implementing regulation , the european commission may fund in full or in part : activities aimed at improving exchanges of information between the social security authorities and institutions of the member states , particularly the electronic exchange of data ; any other activity aimed at providing information to the persons covered by this regulation and their representatives about the rights and obligations deriving from this regulation , using the most appropriate means . ### article 79 is replaced by the following : “article 79 funding of activities in the social security field in connection with this regulation and the implementing regulation , the european commission may contribute to the funding of the establishment of an electronic networking system of competent institutions using the crossroads bank for social security* model as an example . ” __________________ * http : / / www . ksz . fgov . be / en / international / page / content / websites / international / aboutcbss . html


### the administrative commission for the coordination of social security systems attached to the european commission shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . a representative of the commission shall attend the meetings of the administrative commission in an advisory capacity . ### in article 71 , paragraph 1 shall be replaced by the following : the administrative commission for the coordination of social security systems attached to the european commission shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . a representative of the commission , a representative of parliament and , where appropriate , representatives of the social partners , beneficiaries and professional bodies concerned shall attend meetings of the administrative commission in an advisory capacity .


### there is a need to ensure greater parity of treatment for frontier and cross - border workers by ensuring frontier workers receive unemployment benefits from the member state of last activity provided that they have worked in that member state for at least the past twelve months . ### there is a need to ensure greater parity of treatment for frontier and cross - border workers by giving them the choice to receive unemployment benefits from the member state of last activity or from the member state of residence in order to enhance the probability of the unemployed to find employment in the member state where his or her chances are the highest .


### the administrative commission for the coordination of social security systems attached to the european commission shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . a representative of the european commission shall attend the meetings of the administrative commission in an advisory capacity . ### in article 71 , paragraph 1 is replaced by the following : “the administrative commission for the coordination of social security systems attached to the european commission shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . a representative of the commission , a representative of the european parliament and , where appropriate , representatives of the social partners , beneficiaries and professional bodies concerned shall attend meetings of the administrative commission in an advisory capacity . ”


### following the recommendations in the eu citizenship report 201335 , there is a need to extend the minimum duration of export of unemployment benefits from three to six months in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders . __________________ 35 com 269 final . ### following the recommendations in the eu citizenship report 201335 , and in order to give tangible effect to the european social rights pillar35a in connection with active support for employment , there is a need to extend the duration of export of unemployment benefits until exhaustion of the rights acquired by the job seeker in order to improve the opportunities for unemployed persons moving to another member state to look for work and their chances for reintegration into the labour market and to address skills mismatches across borders . __________________ 35 com 269 final . 35a see the european parliament resolution of 19 january 2017 on a european pillar of social rights .


### the benefits in kind referred to in article 19 of the basic regulation shall refer to the benefits in kind which are provided in the member state of stay , in accordance with its legislation , and which become necessary on medical grounds with a view to preventing an insured person from being forced to return , before the end of the planned duration of stay , to the competent member state to obtain the necessary treatment . ### in article 25 , paragraph 3 is replaced by the following : ' 3 . the benefits in kind referred to in article 19 of the basic regulation shall refer to the benefits in kind which are provided in the member state of stay , in accordance with its legislation , and which become necessary on medical grounds or due to the need for long - term care with a view to preventing an insured person from being forced to return , before the end of the planned duration of stay , to the competent member state to obtain the necessary treatment . '


### if a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to become or remain available to the employment services of the competent member state after having been registered there , and wishes to seek work in the member state of residence or the member state of last activity article 64 shall apply mutatis mutandis , except article 64 . the competent institution may extend the period referred to in the first sentence of article 64 up to the end of the period of entitlement to benefits . ### if a wholly unemployed person referred to in paragraphs 1 or 2 does not wish to remain available to the employment services of the competent member state after having been registered there , and wishes to seek work in the member state of residence or the member state of last activity article 64 shall apply mutatis mutandis , except article 64 .


### the benefits in kind referred to in article 19 of the basic regulation shall refer to the benefits in kind which are provided in the member state of stay , in accordance with its legislation , and which become necessary on medical grounds with a view to preventing an insured person from being forced to return , before the end of the planned duration of stay , to the competent member state to obtain the necessary treatment . ### article 25 paragraph 3 is replaced by the following : ' 3 . the benefits in kind referred to in article 19 of the basic regulation shall refer to the benefits in kind which are provided in the member state of stay , in accordance with its legislation , and which become necessary on medical grounds or due to the need for long - term care with a view to preventing an insured person from being forced to return , before the end of the planned duration of stay , to the competent member state to obtain the necessary treatment . '


### member states should ensure that economically inactive eu mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host member state , as laid down in directive 2004 / 38 / ec . this may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage in the member state in which they habitually reside . ### member states ensure that economically inactive eu mobile citizens are not prevented from satisfying the condition of having comprehensive sickness insurance cover in the host member state . this may entail allowing such citizens to contribute in a proportionate manner to a scheme for sickness coverage or to otherwise fulfil the relevant criteria for access to sickness insurance in the member state in which they habitually reside .


### the claims shall be paid to the liaison body of the creditor member state referred to in article 66 of the implementing regulation by the debtor institution within 18 months of the end of the month during which they were introduced to the liaison body of the debtor member state . this does not apply to the claims which the debtor institution has rejected for a relevant reason within that period . ### in article 67 , paragraph 5 is replaced by the following : ' 5 . the claims shall be paid to the liaison body of the creditor member state referred to in article 66 of the implementing regulation by the debtor institution within 12 months of the end of the month during which they were introduced to the liaison body of the debtor member state . this does not apply to the claims which the debtor institution has rejected for a relevant reason within that period . '


### cluster ' health ' : improving and protecting the health of citizens at all ages , by developing innovative solutions to prevent , diagnose , monitor , treat and cure diseases ; mitigating health risks , protecting populations and promoting good health ; making public health systems more cost - effective , equitable and sustainable ; and supporting and enabling patients ' participation and self - management . ### cluster ' health ' : improving and protecting the health of citizens at all ages , by developing innovative , accessible and affordable&#160 ; solutions to prevent , diagnose , monitor , treat and cure diseases ; mitigating health risks , protecting populations and promoting good health ; making public health systems more cost - effective , equitable and sustainable ; and supporting and enabling patients ' participation and self - management .


### through the following activities , this part will , in line with article 4 , optimise the programme ' s delivery for increased impact within a strengthened european research area . it will also support the programme ' s other specific objectives as described in article 3 . while underpinning the entire programme , this part will support activities that contribute to a more knowledge - based and innovative and gender - equal europe , at the front edge of global competition , thereby optimising national strengths and potential across europe in a well - performing european research area , where knowledge and a highly skilled workforce circulate freely , where the outcomes of r&i are understood and trusted by informed citizens and benefit society as a whole , and where eu policy , notably r&i policy , is based on high quality scientific evidence . ### through the following activities , this part will , in line with article 4 , optimise the programme ' s delivery for increased impact within a strengthened european research area . it will also support the programme ' s other specific objectives as described in article 3 . while underpinning the entire programme , this part will support activities that engage civil society and contribute to a more knowledge - based and innovative and gender - equal europe , at the front edge of global competition , thereby optimising national strengths and potential across europe in a well - performing european research area , where knowledge and a highly skilled workforce circulate freely , and where citizens and civil society are engaged in setting the research and innovation agenda so that the programme delivers benefit to society as a whole and the outcomes of r&i are understood and trusted by informed citizens , and where eu policy , notably r&i policy , is based on high quality scientific evidence .


### the programme is expected to have societal impact by addressing eu policy priorities through r&i , delivering benefits and impact through r&i missions and strengthening the uptake of innovation in society . progress towards this impact will be monitored through proxy indicators set along the following four key impact pathways . ### the programme is expected to have societal impact by addressing eu policy priorities through r&i , delivering benefits and impact through r&i missions and strengthening the uptake of innovation in society through cso and citizens involvement . progress towards this impact will be monitored through proxy indicators set along the following four key impact pathways .


### areas of intervention : climate science and solutions ; energy supply ; energy systems and grids ; buildings and industrial facilities in energy transition ; communities and cities ; industrial competitiveness in transport ; clean transport and mobility ; smart mobility ; energy storage . ### areas of intervention : climate science and solutions ; energy supply ; energy systems and grids ; buildings and industrial facilities in energy transition ; healthy and energy efficient buildings ; communities and cities ; industrial competitiveness in transport ; clean transport and mobility ; smart mobility ; energy storage .


### the period of the protection of the first marketing authorisation prolonged by any additional periods of protection due to any variations or new authorisations belonging to the same marketing authorisation shall not exceed 18 years . ### the period of the protection of the first marketing authorisation prolonged by any additional periods of protection due to any variations or new authorisations belonging to the same marketing authorisation shall not exceed 15 years .


### a veterinary prescription shall only be issued by a person qualified to do so in accordance with applicable national law . ### a veterinary prescription shall only be issued by a veterinarian , or an equivalent professional as defined in the laws of member states , recognised by the appropriate professional association in accordance with applicable national law .


### that information shall be collected before departure and recorded in the single window established pursuant to article 5 of directive 2010 / 65 / eu upon the passenger ship ' s departure but in no case later than thirty minutes after its departure . ### that information shall be collected before departure and recorded in the single window established pursuant to article 5 of directive 2010 / 65 / eu upon the passenger ship ' s departure but in no case later than 10 minutes after its departure .


### activities may only be funded under prima if they are set out in the prima annual work plan . the prima annual work plan shall distinguish between the activities referred to in point of paragraph 1 , the activities referred to in point of that paragraph , as well as the administrative costs of the prima - is . it shall provide for their corresponding expenditure estimates as well as for the budget allocation to activities funded with union contribution and to activities funded by the participating states through their national funding bodies without union contribution . the prima annual work plan shall also include the estimated value of the participating states ' in kind contributions referred to in article 5 . ### activities may only be funded under prima if they are set out in the prima annual work plan . the prima annual work plan shall distinguish between the activities referred to in point of paragraph 1 , the activities referred to in point of that paragraph , as well as the administrative costs of the prima - is . it shall provide for their corresponding expenditure estimates as well as for the budget allocation to activities funded with union ' s financial contribution referred to in article 3 and to activities funded by the participating states without union ' s financial contribution referred to in article 3 . the prima annual work plan shall also include the estimated value of the participating states ' in kind contributions referred to in article 5 .


### in addition to the participants eligible for funding under article 10 of regulation no 1290 / 2013 , any legal entity established in a participating state shall be eligible for funding . ### by way of derogation from article 10 and of regulation no 1290 / 2013 , the following participants shall be eligible for funding by the prima - is : any legal entity created under union law and established in a participating state ; any international european interest organisation . 4a . in the case of an international organisation which is not eligible for funding by the prima - is , funding may be granted provided that at least one of the following conditions is fulfilled : participation is deemed to be essential by the prima - is for carrying out the action ; such funding is provided for under a bilateral scientific and technological agreement or any other arrangement between the union and the international organisation . 4b . in the case of a legal entity created under union law and established in a country which is not a participating state , funding by the prima - is may be granted provided that at least one of the following conditions is fulfilled : participation is deemed to be essential by the prima - is for carrying out the action ; an ad hoc funding arrangement is found between prima - is and the third country in which the legal entity is established .


### activities funded by the participating states through their national funding bodies without union contribution , addressing increasingly also the higher technology readiness levels and consisting in : ### activities funded by the participating states without union contribution , addressing a wide range of research and innovation activities and ensuring a balance between small and large projects consisting in :


### the union shall participate in the partnership for research and innovation in the mediterranean area jointly undertaken by [ cyprus , czech republic , france , greece , israel , italy , luxembourg , malta , portugal , spain and tunisia ] , in accordance with the conditions laid down in this decision . ### the union shall participate in the partnership for research and innovation in the mediterranean area jointly undertaken by [ cyprus , france , germany , greece , israel , italy , luxembourg , malta , portugal , spain and tunisia ] , in accordance with the conditions laid down in this decision .


### calls for proposals managed by the prima - is should also be published on the single portal for participants , as well as through other horizon 2020 electronic means of dissemination managed by the commission . ### calls for proposals managed by the prima - is should also be published on the single prima portal for participants , on the participants portal of horizon 2020 , as well as through other horizon 2020 electronic means of dissemination managed by the commission .


### financial contributions to the administrative budget of the prima - is not covered by the union contribution as set out in article 3 . ### financial or in - kind contributions to the administrative budget of the prima - is not covered by the union financial contribution as set out in article 3 .


### the proposals shall be selected following transnational calls for proposals and through a two - step procedure . step 1 shall consist of a review at national or transnational level of proposals submitted by legal entities eligible for funding under the relevant national programmes . step 2 shall consist of a single independent international peer review organised by the prima - is . under step 2 , the proposals shall be evaluated with the assistance of at least three independent experts , on the basis of the following award criteria : excellence , impact , quality and efficiency of the implementation . ### the proposals shall be selected following transnational calls for proposals and shall be evaluated with the assistance of at least three independent experts , on the basis of the following award criteria : excellence , impact , quality and efficiency of the implementation .


### prima activities should be in line with the objectives and research and innovation priorities of horizon 2020 and with the general principles and conditions laid down in article 26 of regulation no 1291 / 2013 . prima should take into account the oecd definitions regarding technological readiness level in the classification of technological research , product development and demonstration activities . ### prima activities should be in line with the objectives and research and innovation priorities of horizon 2020 and with the general principles and conditions laid down in article 26 of regulation no 1291 / 2013 . prima should take into account the oecd definitions regarding technological readiness level in the classification of technological research , product development and demonstration activities , as well as addressing low to high technology readiness levels , including forms of ' curiosity - driven ' and ' practice - based ' research .


### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for water provision and food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream . ### in line with the priorities of horizon 2020 , the general objective of prima is to build research and innovation capacities and to develop knowledge and common innovative solutions for water management and agro - food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream .


### activities to be funded by the participating states through their national funding bodies without union contribution may only be included in the prima annual work plan following the positive outcome of their external independent evaluation by international peer review with regard to the objectives of prima , as organised by the prima - is . ### activities to be funded by the participating states without union ' s financial contribution referred to in article 3 may only be included in the prima annual work plan following the positive outcome of their external independent evaluation by international peer review with regard to the objectives of prima , as organised by the prima - is .


### activities included in the prima annual work plan that are funded by the participating states through their national funding bodies without union contribution shall be implemented in compliance with common principles to be adopted by the prima - is , after obtaining approval by the commission . the common principles shall take into account the principles set out in this decision , in title vi of regulation no 966 / 2012 and in regulation no 1290 / 2013 , in particular the principles of equal treatment , transparency , independent peer review evaluation and selection . the prima - is shall also adopt , after obtaining approval by the commission , the reporting requirements of the participating states to the prima - is , including with regard to indicators inserted into each of those activities . ### activities included in the prima annual work plan that are funded by the participating states without union ' s financial contribution referred to in article 3 shall be implemented in compliance with common principles to be adopted by the prima - is , after obtaining approval by the commission . the common principles shall take into account the principles set out in this decision , in title vi of regulation no 966 / 2012 and in regulation no 1290 / 2013 , in particular the principles of equal treatment , transparency , independent peer review evaluation and selection . the prima - is shall also adopt , after obtaining approval by the commission , the reporting requirements of the participating states to the prima - is , including with regard to indicators inserted into each of those activities .


### prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of food production and water provision in the mediterranean area . prima should contribute to the achievement of the recently - agreed sustainable development goals and to the forthcoming european sustainable development strategy . ### prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of agro - food systems and water management in the mediterranean area . prima should contribute to the achievement of the recently - agreed sustainable development goals and to the forthcoming european sustainable development strategy .


### activities under the national programmes of the participating states . ### activities under the national programmes of the participating states including transnational projects .


### one established in a member state or in a country associated to horizon 2020 , and ### one established in a member state or in a country associated to horizon 2020 not covered by point and


### egypt , lebanon and morocco shall become participating states subject to the conclusion of international agreements with the union setting out the terms and conditions of their participation in prima . ### egypt , jordan , lebanon and morocco shall become participating states subject to the conclusion of science and technology international agreements with the union setting out the terms and conditions of their participation in prima .


### the commitment by each participating state to contribute to the financing of prima ; ### the commitment by each participating state to contribute to the financing of prima with an adequate percentage of the total effort ;


### the structural involvement of all relevant public and private sector actors in implementing the strategic agenda by pooling knowledge and financial resources to achieve the necessary critical mass ; ### the involvement of all relevant public and private sector actors in implementing the strategic agenda by pooling knowledge and financial resources to achieve the necessary critical mass ;


### in line with the objectives of horizon 2020 , any other member state and third country associated to horizon 2020 should be entitled to participate in prima if it commits to contribute to the financing of prima . ### in line with the objectives of horizon 2020 , any other member state and third country associated to horizon 2020 should be entitled to participate in prima if it commits to contribute to the financing of prima with an adequate percentage of the total effort .


### prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of food production and water provision in the mediterranean area . prima should contribute to the achievement of the recently - agreed sustainable development goals and to the forthcoming european sustainable development strategy . ### prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of food production and water provision in the mediterranean area . prima should contribute to the achievement of the recently - agreed sustainable development goals and to the forthcoming european sustainable development strategy , as well as to contribute to the goals of the paris agreement .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users’ consent . ### electronic communications data should be treated as confidential . this means that any processing of electronic communications data or any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of the user requesting a specific service or of all the communicating parties should be prohibited . when the processing is allowed under this regulation , any other processing on the basis of article 6 of regulation 2016 / 679 should be considered as prohibited , including processing for another purpose on the basis of article 6 of that regulation . this should not prevent requesting additional consent for new processing operations . the prohibition of processing of communications data should apply during their conveyance and when they are stored afterwards , in order to reflect the growing trend that subscribers do not store all communications data on their own terminal equipment , but use cloud - based storage space of the communications provider or other parties . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when other parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , and analysis of users’ traffic data , including browsing habits , without the users’ consent .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware , spam or distributed denial - of - service attacks , or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc .


### for the sole purpose of the provision of a specific service to an end - user , if the end - user or end - users concerned have given their consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content ; or ### the user concerned has given his or her consent to the processing of his or her electronic communications content for the sole purpose of the provision of a specific service explicitly requested by the user , for the duration necessary for that purpose , , provided that the provision of that specific service cannot be fulfilled without the processing of such content by the provider , and the consent has not been a condition to access or use a service ; or


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


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


### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . ### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website by the person or legal person in charge of the website .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users’ consent . ### any processing of electronic communications data or any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , by persons other than the end - users , should be prohibited . when the processing is allowed under any exception to the prohibitions under the this regulation , any other processing of the electronic communications data on the basis of article 6 of the regulation 2016 / 679 shall be considered as prohibited , including processing for another purpose on the basis of article 6 of that regulation . this would not prevent controllers from asking for additional consent for new processing operations . the prohibition of interception of communications data should apply also during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee and any temporary files in the network after receipt . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , and analysis of end users’ electronic communications metadata , including browsing habits without the end - users’ consent .


### permitted processing of electronic communications data ### lawful processing of electronic communications data


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### natural or legal persons may use electronic communications services for the purposes of presenting or sending unsolicited or direct marketing communications to subscribers who are natural persons only if these have given their explicit consent .


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


### providers of electronic communications services may process electronic communications metadata if : ### providers of electronic communications services may process electronic communications metadata only if :


### electronic communications data shall be confidential . any interference with electronic communications data , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or processing of electronic communications data , by persons other than the end - users , shall be prohibited , except when permitted by this regulation . ### electronic communications shall be confidential . any processing of electronic communications data , including any interference with electronic communications data such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance of electronic communications data , by persons other than the users , shall be prohibited , except when permitted by this regulation . this includes electronic communications data that is stored after the transmission has been completed .


### without prejudice to paragraph 1 , where technically possible and feasible , for the purposes of point of article 8 , consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet . ### without prejudice to paragraph 1 , where technically feasible , for the purposes of point of article 8 , consent may be expressed and withdrawn by using the appropriate technical specifications for electronic communications services or information society services which allow for specific consent for specific purposes and with regard to specific service providers selected by the user . when such technical specifications are used by the user ' s terminal equipment or the software running on it , they shall be binding on , and enforceable against , any other party .


### service providers who offer electronic communications services should inform end - users of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies . the requirement to inform end - users of particular security risks does not discharge a service provider from the obligation to take , at its own costs , appropriate and immediate measures to remedy any new , unforeseen security risks and restore the normal security level of the service . the provision of information about security risks to the subscriber should be free of charge . security is appraised in the light of article 32 of regulation 2016 / 679 . ### service providers who offer electronic communications services should process electronic communications data in such a way as to prevent unauthorised processing , including access , disclosure or alteration . they should ensure that such unauthorised access , disclosure or alteration can be detected , and also ensure that electronic communications data are protected by using state of the art technologies . service providers should also inform end - users of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies . the requirement to inform end - users of particular security risks does not discharge a service provider from the obligation to take , at its own costs , appropriate and immediate measures to remedy any new , unforeseen security risks and restore the normal security level of the service . the provision of information about security risks to the subscriber should be free of charge . security is appraised in the light of article 32 of regulation 2016 / 679 .


### the protection of information related to the terminal equipment of end - users located in the union . ### the protection of information related to or processed by the terminal equipment of end - users in the union .


### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent , in an easy manner , to receiving further marketing communications . ### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent , in an easy manner and free of charge , to receiving further marketing communications .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users ' consent . ### electronic communications should be treated as confidential . this means that any interference with the transmission of electronic communications , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . when the processing is allowed under any exception to the prohibitions under this regulation , any other processing on the basis of article 6 of regulation 2016 / 679 should be considered as prohibited , including processing for another purpose on the basis of article 6 of that regulation . this should not prevent requesting additional consent for new processing operations . the prohibition of interception of communications should apply also during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee , and to any temporary files in the network after receipt . interception of electronic communications may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when other parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , and analysis of customers ' traffic data , including browsing habits without the users ' consent .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### the user or users concerned have given their specific consent to the processing of their communications metadata by the respective electronic communications service for one or more specified purposes , including for the provision of specific services to such users , provided that the purpose or purposes concerned could not be fulfilled by processing data that is made anonymous , and the consent has not been a condition to access or use a service .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### after receiving all relevant information about the intended processing in clear and easily understandable language , provided separately from the terms and conditions of the provider , the user or users concerned have given their specific consent to the processing of their communications metadata for one or more specified purposes , including for the provision of specific services to such users , provided that the purpose or purposes concerned could not be fulfilled without the processing of such metadata .


### the end - user has given his or her consent ; or ### the user has given his or her specific consent , which shall not be mandatory to access the service ; or


### the provisions of this regulation particularise and complement the general rules on the protection of personal data laid down in regulation 2016 / 679 as regards electronic communications data that qualify as personal data . this regulation therefore does not lower the level of protection enjoyed by natural persons under regulation 2016 / 679 . processing of electronic communications data by providers of electronic communications services should only be permitted in accordance with this regulation . ### the provisions of this regulation particularise and complement the general rules on the protection of personal data laid down in regulation 2016 / 679 as regards electronic communications data that qualify as personal data . this regulation therefore can not lower the level of protection enjoyed by natural persons under regulation 2016 / 679 . processing of electronic communications data should only be permitted in accordance with and on legal ground specifically provided under this regulation .


### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; ### ' electronic communications metadata ' means all data processed for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , electronic identifiers and any other data broadcasted or emitted by the terminal equipment , data on the location of the terminal equipment processed in the context of providing electronic communications services , and the date , time , duration and the type of communication ; where metadata of other electronic communications services or protocols are transmitted , distributed or exchanged by using the respective service , they shall be considered electronic communications content for the respective service ;


### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences and political views , the disclosure of which could result in personal and social harm , economic loss or embarrassment . metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc . ### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences and political views , the disclosure of which could result in personal and social harm , economic loss or embarrassment . metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc . the protection of confidentiality of communications is an essential condition for the respect of other connected fundamental rights and freedoms , such as the protection of freedom of thought , conscience and religion , freedom of assembly , freedom of expression and information .


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the users or by a specific other party entrusted by them to record , store or otherwise process such data .


### the independent supervisory authority or authorities responsible for monitoring the application of regulation 2016 / 679 shall also be responsible for monitoring the application of this regulation . chapter vi and vii of regulation 2016 / 679 shall apply mutatis mutandis . the tasks and powers of the supervisory authorities shall be exercised with regard to end - users . ### each member state shall provide for one or more independent public authorities to be responsible for monitoring the application of this regulation .


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


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


### accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network . furthermore , devices must have a unique address assigned in order to be identifiable on that network . wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a mac address , the imei , the imsi etc . a single wireless base station , such as a wireless access point , has a specific range within which such information may be captured . service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities , including people counting , providing data on the number of people waiting in line , ascertaining the number of people in a specific area , etc . this information may be used for more intrusive purposes , such as to send commercial messages to end - users , for example when they enter stores , with personalized offers . while some of these functionalities do not entail high privacy risks , others do , for example , those involving the tracking of individuals over time , including repeated visits to specified locations . providers engaged in such practices should display prominent notices located on the edge of the area of coverage informing end - users prior to entering the defined area that the technology is in operation within a given perimeter , the purpose of the tracking , the person responsible for it and the existence of any measure the end - user of the terminal equipment can take to minimize or stop the collection . additional information should be provided where personal data are collected pursuant to article 13 of regulation 2016 / 679 . ### accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network . furthermore , devices must have a unique address assigned in order to be identifiable on that network . wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a mac address , the imei , the imsi etc . a single wireless base station , such as a wireless access point , has a specific range within which such information may be captured . service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities , including people counting , providing data on the number of people waiting in line , ascertaining the number of people in a specific area , etc . this information may be used for more intrusive purposes , such as to send commercial messages to users , for example when they enter stores , with personalized offers . while some of these functionalities do not entail high privacy risks , others do , for example , those involving the tracking of individuals over time , including repeated visits to specified locations . providers engaged in such practices should only be permitted to process such electronic communications metadata based on the consent of the users concerned .