### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec . ### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in addition , significant intentional or unintentional legislative vacuums in national and union legislation allow for the intensifying of the problem , damaging also sound economic development , fair and inclusive participation in economic activities , having further financial and political negative implications . in order to tackle those crucial and urgent problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . ### union action should go beyond the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the commission should carry its own assessment regarding the efficiency of measures proposed by fatf and the implementation and effectiveness of anti money laundering measures in general . the fatf itself should undertake a revision of existing standards , an assessment of its own output , and ensure better use of financial intelligence , regional representation , credibility and efficiency . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order .


### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive . ### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently extended and uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf , including tax evasion , fraud and avoidance , as well as any fraudulent behaviour involving concealment of income or profits . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive .


### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should increase and lay down clearly defined minimum types and levels of high penalties when the criminal offences defined in this directive are committed , also with respect to covering , inciting , aiding and abetting the commission of such criminal offences . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime ,


### the exclusion of that legal person from entitlement to public benefits or aid ; ### the exclusion of that legal person from entitlement to public positions , contracts benefits or aid , including union related benefits or aid ;


### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . __________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation . ### emerging technologies in food production processes have an impact on food and thereby on food safety , consumer health and the environment . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food .


### it should be clarified that foods from third countries which are regarded as novel foods in the union should only be considered as traditional foods from third countries when they are derived from primary production as defined in article 3 of regulation no 178 / 2002 , regardless of whether or not they are processed or unprocessed foods . therefore , where a new production process has been applied to this food or where the food contains or consists of ‘ engineered nanomaterials’ as defined in article 2 of regulation no 1169 / 2011 , the food should not be considered to be traditional . ### it should be clarified that foods from third countries which are regarded as novel foods in the union should only be considered as traditional foods from third countries when they are derived from primary production as defined in article 3 of regulation no 178 / 2002 and are either unprocessed or have gone through a primary process . however , where a secondary process involving the combination of foods in a particular way to change the properties of the food or involving a new production process has been applied to this food or where the food contains or consists of ‘ engineered nanomaterials’ as defined in article 2 of regulation no 1169 / 2011 , the food should not be considered to be traditional .


### where applicable , the conditions of use and specific labelling requirements , which do not mislead the consumer . ### the conditions of use and specific labelling requirements which do not mislead the consumer and , where applicable , the maximum recommended intake and any possible adverse effects for specific groups


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain our rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people’s democratic , civic and social participation and to fostering the rich diversity of european society , also based on our common history and memory . article 11 of the eu treaty further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain our rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people’s democratic , civic and social participation and to fostering the rich diversity of european society , also based on our common history and memory , and the lessons to be learned from the violent colonial elements of that history . article 11 of the eu treaty further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### for the gradual establishment of an area of freedom , security and justice , the union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions , which is a cornerstone of judicial cooperation within the union since the tampere european council of 15 and 16 october 1999 . mutual recognition requires a high level of mutual trust among member states . measures to approximate the laws of the member states in several areas have been adopted to facilitate mutual recognition and foster mutual trust . a well - functioning area of justice , where obstacles in cross - border judicial proceedings and access to justice in cross - border situations are eliminated , is also key to ensure economic growth . ### for the gradual establishment of an area of freedom , security and justice for all , the union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions , which is a cornerstone of judicial cooperation within the union since the tampere european council of 15 and 16 october 1999 . mutual recognition requires a high level of mutual trust among member states . measures to approximate the laws of the member states in several areas have been adopted to facilitate mutual recognition and foster mutual trust . a well - functioning area of justice , where obstacles in cross - border judicial proceedings and access to justice in cross - border situations are eliminated , is also key to ensure economic growth .


### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses and citizens all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies . ### the general objective of the programme should be to support the digital transformation of industry and of european societies and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses , regions , local communities and citizens all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities , interoperability and closing the digital gap between regions and between urban and rural communities . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies .


### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses and citizens all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies . ### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of citizens and businesses and their employees all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies .


### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final ) ### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations , public administrations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final )


### 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 .


### reflecting the importance of tackling climate change in line with the union’s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and lead to the achievement of an overall target of 25% of the eu budget expenditures supporting climate objectives74 . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . _________________ 74 com 321 final , page 1 ### reflecting the importance of tackling climate change in line with the union’s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and help lead to the achievement of an overall target of 25% of the eu budget expenditures supporting climate objectives74 . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . _________________ 74 com 321 final , page 1


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


### the purpose of this directive is to ensure the effectiveness of the right of access to a lawyer by providing assistance by the member states for persons deprived of liberty at an early stage in the criminal proceedings and for requested persons in surrender procedures pursuant to council framework decision 2002 / 584 / jha1 . ________________ council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member states . ### the purpose of this directive is to ensure the effectiveness of the right of access to a lawyer as provided under directive 2013 / 48 / eu of the european parliament and of the council1a by making available assistance by a lawyer funded by the member states for suspects or accused persons and for requested persons in surrender proceedings pursuant to council framework decision 2002 / 584 / jha1 . the scope of this directive is determined , in particular , by the relevant provisions of directive 2013 / 48 / eu . ________________ 1a . directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member states .


### the stockholm programme2 put a strong focus on the strengthening of the rights of individuals in criminal proceedings . in its point 2 . 4 , the european council invited the commission to put forward proposals , setting out a step by step approach3 to strengthening the rights of suspects or accused persons . ________________ 2 . oj c 115 , 4 . 5 . 2010 , p . 1 3 . oj c 291 , 4 . 12 . 2009 , p . 1 ### the stockholm programme2 put a strong focus on the strengthening of the rights of individuals in criminal proceedings . in its point 2 . 4 , the european council invited the commission to put forward proposals , setting out a step by step approach3 to strengthening the rights of suspects or accused persons , in particular the right to legal advice and legal aid . ________________ 2 . oj c 115 , 4 . 5 . 2010 , p . 1 3 . oj c 291 , 4 . 12 . 2009 , p . 1


### three measures on procedural rights in criminal proceedings have been adopted to date , namely directive 2010 / 64 / eu of the european parliament and of the council4 , directive 2012 / 13 / eu of the european parliament and of the council5 and directive 2013 / 48 / eu of the european parliament and the council6 . ________________ 4 . directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 5 . directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings 6 . directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . ### three measures on procedural rights in criminal proceedings have been adopted to date , namely directive 2010 / 64 / eu of the european parliament and of the council4 on the right to interpretation and translation , directive 2012 / 13 / eu of the european parliament and of the council5 on the right to information and directive 2013 / 48 / eu on the right to access to a lawyer . ________________ 4 . directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 5 . directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings


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


### requested persons in european arrest warrant proceedings who are deprived of liberty should have the right to provisional legal aid upon deprivation of liberty in the executing member state , at least until the competent authority has taken the decision on legal aid and , in cases of full or partial rejection , that decision has become final , or , where the application for legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . ### requested persons in european arrest warrant proceedings have the right to provisional legal aid in the executing member state upon arrest pursuant to the european arrest warrant , until the competent authority has taken a decision on ordinary legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for ordinary legal aid is granted , the appointment of the lawyer by the competent authority has taken effect .


### when implementing this directive , member states should ensure the respect of the fundamental right of legal aid as provided for in articles 47 of the charter and article 6 echr and ensure that legal aid is available to those who do not have sufficient resources to pay for legal assistance when the interest of justice so requires . ### when implementing this directive , member states should ensure the respect of the fundamental right of legal aid as provided for in articles 47 of the charter and article 6 of the echr and ensure that legal aid is available to those who do not have sufficient resources to pay for legal assistance when the interest of justice so requires . in doing so , they should respect the united nations principles and guidelines on access to legal aid in criminal justice systems .


### this directive lays down minimum rules concerning the right to provisional legal aid for suspects or accused persons in criminal proceedings who are deprived of liberty , and the right to provisional legal aid and to legal aid for requested persons who are subject to european arrest warrant proceedings . ### this directive lays down minimum rules concerning : the right to provisional and ordinary legal aid for suspects or accused persons in criminal proceedings and the right to provisional and ordinary legal aid for requested persons who are subject to european arrest warrant proceedings .


### this directive shall apply to : suspects or accused persons in criminal proceedings , who are deprived of liberty and who have a right of access to a lawyer pursuant to directive 2013 / 48 / eu ; b ) requested persons . ### this directive shall apply to : suspects or accused persons in criminal proceedings who have a right of access to a lawyer pursuant to directive 2013 / 48 / eu ; b ) requested persons as defined in point of article 3 of this directive .


### ' lawyer ' means any person , who , in accordance with national law , is qualified and entitled , including by means of accreditation by an authorised body , to provide legal advice and assistance to suspects or accused persons : ### ' legal aid lawyer ' means any person , who , in accordance with national law , is qualified and entitled , including by means of accreditation by an authorised body , to provide legal advice and assistance to suspects or accused persons :


### legal aid for requested persons ### legal aid in european arrest warrant proceedings


### the issuing member state shall ensure that requested persons , that exercise their right to appoint a lawyer in the issuing member state to assist the lawyer in the executing member state , according to article 10 of directive 2013 / 48 / eu , have the right to legal aid in that member state for the purpose of the european arrest warrant proceedings in the executing member state . ### the issuing member states shall ensure that requested persons , that exercise their right to appoint a lawyer in the issuing member state to assist the lawyer in the executing member state and in any other state where evidence - gathering or other investigative acts are being carried out by the competent authorities , according to article 10 of directive 2013 / 48 / eu have the right to provisional and ordinary legal aid in that member state for the purpose of the european arrest warrant proceedings in the executing member state .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . ### this regulation fully respects the fundamental rights and freedoms and fully safeguards the principles recognised in particular by the charter of fundamental rights of the european union .


### the forms of serious crime affecting two or more member states for which eurojust is competent should be laid down . in addition , cases which do not involve two or more member states , but which require a prosecution on common bases , should be defined . such cases should include investigations and prosecutions affecting only one member state and a third state , as well as cases affecting only one member state and the union . ### the forms of serious crime affecting two or more member states for which eurojust is competent should be clearly laid down . in addition , cases which do not involve two or more member states , but which require a prosecution on common bases , should be defined . such cases should include investigations and prosecutions affecting only one member state and a third state , as well as cases affecting only one member state and the union .


### to ensure eurojust can appropriately support and coordinate cross - border investigations , it is necessary that all national members have the same operational powers in order to cooperate between themselves and with national authorities in a more effective way . national members should be granted those powers that allow eurojust to appropriately achieve its mission . these powers should include accessing relevant information in national public registers , issuing and executing mutual assistance and recognition requests , directly contacting and exchanging information with competent authorities , participating in joint investigation teams and , in agreement with the competent national authority or in case of urgency , ordering investigative measures and controlled deliveries . ### to ensure eurojust can appropriately support and coordinate cross - border investigations , it is necessary that all national members have the same operational powers in order to cooperate between themselves and with national authorities in a more coherent and effective way . national members should be granted those powers that allow eurojust to appropriately achieve its mission . these powers should include accessing relevant information in national public registers , issuing and executing mutual assistance and recognition requests , directly contacting and exchanging information with competent authorities , participating in joint investigation teams and , in agreement with the competent national authority or in case of urgency , ordering investigative measures and controlled deliveries .


### it is necessary to provide eurojust with an administrative and management structure that allows it to perform its tasks more effectively and respects the principles applicable to union agencies whilst maintaining eurojust ' s special characteristics and safeguarding its independence in the exercise of its operational functions . to this end , the functions of the national members , the college and the administrative director should be clarified and an executive board established . ### it is necessary to provide eurojust with an administrative and management structure that allows it to perform its tasks more effectively and fully respects the principles applicable to union agencies , as well as the fundamental rights and freedoms , whilst maintaining eurojust ' s special characteristics and safeguarding its independence in the exercise of its operational functions . to this end , the functions of the national members , the college and the administrative director should be clarified and an executive board established .


### when eurojust transfers personal data to an authority of a third country or to an international organisation or interpol by virtue of an international agreement concluded pursuant to article 218 of the treaty the adequate safeguards adduced with respect to the protection of privacy and fundamental rights and freedoms of individuals have to ensure that the data protection provisions of this regulation are complied with . ### when eurojust transfers personal data to an authority of a third country or to an international organisation or interpol by virtue of an international agreement concluded pursuant to article 218 of the treaty the adequate safeguards adduced with respect to the protection of privacy and fundamental rights and freedoms have to ensure that the data protection provisions of this regulation are fully complied with .


### the annual work programme shall comprise detailed objectives and expected results including performance indicators . it shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multi - annual work programme referred to in paragraph 4 . it shall clearly indicate which tasks have been added , changed or deleted in comparison with the previous financial year . ### the annual work programme shall comprise detailed objectives and expected results including performance indicators . it shall also contain a clear description of the actions to be financed and an indication of the financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multi - annual work programme referred to in paragraph 4 . it shall clearly indicate which tasks have been added , changed or deleted in comparison with the previous financial year .


### the on - call coordination representatives shall act without delay , in relation to the execution of the request in their member state . ### the on - call coordination representatives shall act efficiently , without delay , in relation to the execution of the request in their member state .


### eurojust shall provide competent national authorities with information on the results of the processing of information , including the existence of links with cases already stored in the case management system . this information may include personal data . ### eurojust shall provide without undue delay competent national authorities with information on the results of the processing of information , including the existence of links with cases already stored in the case management system . this information may include personal data .


### eurojust may process only the personal data listed in point 2 of annex 2 , on persons who , under the national legislation of the member states concerned , are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in article 3 , or persons under the age of 18 . the processing of such personal data may only take place if it is strictly necessary for the achievement of the expressly stated task of eurojust , within the framework of its competence and in order to carry out its operational functions . ### eurojust may process only the personal data listed in point 2 of annex 2 , on persons who , under the national legislation of the member states concerned , are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in article 3 , or persons under the age of 18 . the processing of such personal data may only take place if it is strictly necessary for the achievement of the expressly stated task of eurojust , within the framework of its competence and in order to carry out its operational functions . the protection of privacy , as well as the fundamental rights and freedoms shall be fully respected .


### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories to provide citizens with information and assistance regarding the european citizens’ initiative . ### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should make available an online independent collaborative platform and provide a dedicated discussion forum and information and advice about the european citizens’ initiative . independent organisations and external experts with proven experience in the organisation of european citizens’ initiatives should manage and update the platform in order to provide on a daily basis their valuable contribution to the discussion forum . the commission should be involved in the collaborative platform in order to provide its opinion on specific cases . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories to provide citizens with information and assistance regarding the european citizens’ initiative .


### in order to make the european citizens’ initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens’ initiative . to ensure proximity to citizens , member states should establish one or more contact points in their respective territories to provide citizens with information and assistance regarding the european citizens’ initiative . ### in order to make the european citizens ' initiative more accessible and to provide support to citizens and organisers , the commission should provide information and assistance free of charge to organisers and make available an online collaborative platform to provide a dedicated discussion forum and information and advice about the european citizens ' initiative , that will serve also as a platform for the exchange of ideas and best practices and to enable citizens to discuss proposed citizens ' initiatives and to formulate new ones . to ensure proximity to citizens , member states building upon the europe direct information centres should establish , in due time and in any case by the time this regulation comes into force , eci help desks in their respective territories to provide citizens with information and assistance and guidance regarding the submission of a european citizens’ initiative on technical issues related to the eci , including how to promote the eci at national and local level . an annual eci conference at eu level should be organised on the eci day with the aim of further strengthening dialogue and exchange of best practices between organisers , civil society and social partners and eu institutions and to assess the state of implementation and effectiveness of the eci .


### to ensure the effective participation of citizens in the democratic life of the union , the commission should examine a valid initiative and respond to it . the commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative . the commission should explain in a clear , comprehensible and detailed manner the reasons for its intended action , and should likewise give its reasons if it does not intend to take any action . ### to ensure the effective participation of citizens in the democratic life of the union , the commission after the public hearing and plenary debate in the european parliament and after proper dialogue with the eci organisers , should examine a valid initiative and respond to it in due time taking into account that successful initiatives should have an appropriate follow up . the commission should therefore set out its legal and political conclusions as well as the legislative or non - legislative actions it intends to take within a period of five months from the receipt of the initiative . the commission justify adequately in a clear , comprehensible and detailed manner , substantiating the reasons for its intended action , and should likewise give in an even more developed way detailed and clear reasons if it does not intend to take any action , be it partial or complete refusal . in both cases a second public hearing should be organised to discuss the conclusions communicated by the commission , under the same rule as the first .


### this regulation respects fundamental rights and observes the principles enshrined in the charter of fundamental rights of the european union , in particular article 8 thereof . ### this regulation respects the charter of fundamental rights of the european union .


### all statements of support shall be collected within a period not exceeding 12 months from a date chosen by the group of organisers , without prejudice to article 11 . that date must be not later than three months from the registration of the initiative in accordance with article 6 . ### all statements of support shall be collected , within a period not exceeding 16 months from a date chosen by the group of organisers , without prejudice to article 11 . that date must be not later than six months from the registration of the initiative in accordance with article 6 .


### greenhouse gas emissions from lorries , buses and coaches , i . e . heavy - duty vehicles , currently represent around a quarter of road transport emissions in the union and are expected to increase further by 2030 . effective measures to curb emissions from heavy - duty vehicles need to be introduced in order to contribute to the necessary emission reductions in the transport sector . ### greenhouse gas emissions from lorries , buses and coaches , i . e . heavy - duty vehicles , currently represent around a quarter of road transport emissions and a fifth of all transport emissions in the union and are expected to increase further and rapidly by 2030 . several effective and timely measures to curb emissions from heavy - duty vehicles in production and in use need to be introduced in order to contribute to the necessary emission reductions in the transport sector .


### in order to acquire a complete knowledge on the configuration of the heavy - duty vehicle fleet in the union , its development over time and potential impact on co2 emissions , it is appropriate to monitor and report data on the registration of all new heavy - duty vehicles and all new trailers , including data on the powertrains as well as the relevant bodywork . ### in order to acquire a complete knowledge on the configuration of the heavy - duty vehicle fleet in the union , its development over time and potential impact on co2emissions , it is appropriate to monitor , report data on the registration of all new heavy - duty vehicles and all new trailers , including data on the efficiency of powertrains and engines as well as the most relevant bodywork and components . a close cooperation between member states’ competent authorities and vehicle manufacturers in monitoring and reporting the data is important .


### consumer terminal equipment with advanced computing capability related to audio - visual media services . ### consumer terminal equipment related to audio - visual media services .


### related consumer equipment with advanced computing capability ### related consumer equipment


### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority . ### where the economic operators have claimed the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant competent authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . microenterprises and not - for - profit organisations are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant competent authority .


### procedure for dealing with products presenting a risk related to accessibility at national level ### procedure for dealing with products not complying with the rules relating to accessibility


### the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . ### the electronic information shall be provided in accordance with point .


### making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites and online applications accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### marie skłodowska - curie actions : equipping researchers with new knowledge and skills through mobility and exposure across borders , sectors and disciplines , as well as structuring and improving institutional and national recruitment , training and career development systems ; in so doing , the marie skłodowska - curie actions help to lay the foundations of europe ' s excellent research landscape , contributing to boosting jobs , growth , and investment , and solving current and future societal challenges . ### marie skłodowska - curie actions : equipping researchers with new knowledge and skills through mobility and exposure across borders , sectors and disciplines , as well as structuring and improving institutional and national recruitment , training and career development systems ; in so doing , the marie skłodowska - curie actions help to lay the foundations of europe ' s excellent research landscape , contributing to boosting meaningful jobs that meet all current union labour laws and rights , sustainable growth , and investment , and solving current and future societal challenges .


### the esf + can mainstream and scale up innovative curricula supported by the programme , through national or regional programmes , in order to equip people with the skills and competences needed for the jobs of the future ; ### the esf + can mainstream and scale up innovative curricula supported by the programme , through national or regional programmes , in order to equip people with the skills and competences needed for the jobs of the future , that meet all current european union labour laws and rights ;


### the programme is expected to have economic / innovation impact by influencing the creation and growth of companies , creating direct and indirect jobs , and by leveraging investments for research and innovation . progress towards this impact will be monitored through proxy indicators set along the following three key impact pathways . ### the programme is expected to have economic / innovation impact by influencing the creation and growth of companies , creating direct and indirect jobs that meet all current european union labour laws and rights , and by leveraging investments for research and innovation . progress towards this impact will be monitored through proxy indicators set along the following three key impact pathways .


### the european union agency for asylum should gather and analyse information on the situation of asylum in the union and in third countries insofar as this may have an impact on the union . that should enable the agency to assist member states in better understanding the factors for asylum - related migration towards and within the union , as well as for the purpose of early warning and preparedness of member states . ### the european union agency for asylum should gather and analyse information on the situation of asylum in the union and in third countries , in cooperation with the unhcr and the consultative forum , insofar as this may have an impact on the union . that should enable the agency to assist member states in better understanding the factors for asylum - related migration towards and within the union , as well as for the purpose of early warning and preparedness of member states .


### the agency shall develop such training in close cooperation with member states and , in cooperation with appropriate training entities in the member states , including academic institutions and other relevant organisations . ### the agency shall develop such training in close cooperation with member states and , in cooperation with appropriate training entities in the member states , including unhcr , academic institutions , national and international associations of judges and other relevant expert non - governmental organisations .


### the agency shall take the necessary initiatives to ensure that the experts who participate in the asylum support teams and the asylum intervention pool , have received specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the agency . the agency shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme . ### the agency shall provide the experts who participate in the asylum support teams and the asylum intervention pool , with the specialist training relevant to their duties and functions prior to their participation in the operational activities organised by the agency . the agency shall conduct regular exercises with those experts in accordance with the specialist training and exercise schedule referred to in its annual work programme .


### the agency shall be a centre for gathering relevant , reliable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific information and targeted information on persons belonging to vulnerable groups . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin . ### the agency shall be a centre for gathering relevant , reliable , balanced , transparent , traceable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific information and targeted information on persons belonging to vulnerable groups . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin .


### manage and further develop a portal for gathering information on countries of origin ; ### manage and further develop a fully transparent , publicly accessible portal for gathering and disseminating information on countries of origin including on use of sources , in accordance with regulation 1049 / 2001 ;


### the agency , in close cooperation with the commission , shall establish a mechanism to : ### the agency , in close cooperation with the commission , and in consultation with the consultative forum shall establish a mechanism to :


### monitor the implementation and assess all aspects of the ceas in member states , in particular the dublin system , reception conditions , asylum procedures , the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by member states , including as regards the respect of fundamental rights , child protection safeguards and the needs of vulnerable persons ; ### monitor the implementation and assess all aspects of the ceas in member states , in particular the dublin system , reception conditions , asylum procedures , including legal assistance , the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by member states , including as regards the respect of fundamental rights , child protection safeguards and the needs of vulnerable persons , as well as resettlement ;


### assist member states in ensuring that all the necessary child rights and child protection safeguards are in place ; ### assist member states in ensuring that all the necessary fundamental rights safeguards , including child rights and child protection safeguards are in place ;


### member states shall ensure that the experts that they contribute match the profiles and numbers decided upon by the management board . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall ensure that the experts that they contribute match the profiles and numbers requested by the member state in need . the duration of deployment shall be determined by the home member state but it shall not be less than 60 days .


### the management board shall , on a proposal of the executive director , decide by a three - fourths majority of members with a right to vote on the profiles of experts and on the share that each member state shall contribute to constitute the asylum intervention pool . the same procedure shall apply to any subsequent changes in the profiles and the overall number of experts . ### the management board shall , on a proposal of the executive director , decide on the profiles of experts and on the share that each member state shall contribute to constitute the asylum intervention pool . the same procedure shall apply to any subsequent changes in the profiles and the overall number of experts . the executive director shall ensure that the composition of the asylum support teams or the experts to be deployed from the asylum intervention pool is in accordance with the request , depending on the needs on the ground , of the host member state .


### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned or on its own initiative , organise and coordinate a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time . ### where the asylum and reception systems of a member state are subject to disproportionate pressure that places exceptionally heavy and urgent demands on those systems , the agency shall , at the request of the member state concerned , organise and coordinate together with the host member state concerned , a comprehensive set of operational and technical measures as referred to in article 16 and deploy experts from the asylum intervention pool referred to in article 18 and experts from its own staff to reinforce the asylum and reception systems within a short period of time .


### in matters related to its activities and , to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the union ' s external relations policy , including with regard to the protection of fundamental rights , and in cooperation with the european external action service . the agency and the member states shall promote and comply with norms and standards equivalent to those set by union legislation , including when carrying out activities on the territory of those third countries . ### in matters related to its activities and , to the extent required for the fulfilment of its tasks , the agency shall facilitate and encourage operational cooperation between member states and third countries , within the framework of the union ' s external relations policy , including with regard to the protection of fundamental rights , and in cooperation with the european external action service . the agency and the member states shall promote and comply with norms and standards equivalent to those set by union legislation , as well as the eu charter of fundamental rights , including when carrying out activities on the territory of those third countries .


### the agency shall coordinate actions on resettlement taken by member states or by the union , including the exchange of information , so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries . the agency shall gather information , monitor resettlement to member states and support member states with capacity building on resettlement . the agency may also , subject to the agreement of the third country and in agreement with the commission , coordinate any such exchange of information or other action between member states and a third country , in the territory of that third country . ### the agency shall support actions on resettlement taken by member states or by the union , in close cooperation with the unhcr . the agency shall exchange information , in full compliance with the standards and guidance set by unhcr , so as to meet the international protection needs of refugees in third countries and show solidarity with their host countries . the agency shall gather information , monitor resettlement to member states and support member states with capacity building on resettlement . . the confidentiality of information relating to individual resettlement cases shall be guaranteed at all times . any exchange of information shall be carried out in full compliance with the relevant rules established in the unhcr resettlement handbook , without jeopardising eligibility and selection of refugees for resettlement . any agency activity in the field of resettlement shall be carried out in close cooperation with unhcr and include support for resettled refugees on the territory of member states post arrival as relevant and necessary .


### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication , including when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the parties involved in a communication . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , e - mail , internet phone calls and personal messaging provided through social media . ### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communications , including information regarding when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the communication parties . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , e - mail , internet phone calls and personal messaging provided through social media .


### 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 . similarly , 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 . similarly , 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 .


### 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 by providers of electronic communications services should only be permitted in accordance with and on a legal ground specifically provided under this regulation .


### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation . ### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls , airports , hotels , hostels , hospitals and other similar internet access points . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation .


### 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 this regulation , any other processing of the electronic communications data on the basis of article 6 of the regulation 2016 / 679 should 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 .


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


### 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 is often used for more intrusive purposes , such as to send commercial messages to end - users , for example when they enter stores , with personalized offers . such practices should be prevented to ensure compliance with the principle of purpose limitation as defined under regulation 2016 / 679 . 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 . therefore , only in a limited number of circumstances and only if the used data would be anonymised or deleted after the defined purposes of processing have been fulfilled , might data controllers be allowed to process the information emitted by the terminal equipment for the purposes of tracing the physical movements of end - users with his or her consent . the anonymistaion method should technically prevent all parties from singling out an end - user within a set of data or from linking new data collected from the end - user´s terminal equipment to the existing set of data . additional information should be provided where personal data are collected pursuant to article 13 of regulation 2016 / 679 .


### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 . ### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . encryption and other security measures are critical to ensure the confidentiality and integrity of electronic communications and the security and integrity of the electronic communications infrastructure as a whole . the measures taken by member states should not entail any obligations for the provider of the electronic communications network or service that would result in weakening of the security and encryption of their networks and services . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 .


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


### in order to allow easy withdrawal of consent , legal or natural persons conducting direct marketing communications by email should present a link , or a valid electronic mail address , which can be easily used by end - users to withdraw their consent . legal or natural persons conducting direct marketing communications through voice - to - voice calls and through calls by automating calling and communication systems should display their identity line on which the company can be called or present a specific code identifying the fact that the call is a marketing call . ### in order to allow easy withdrawal of consent , legal or natural persons conducting direct marketing communications by email should present a link , or a valid electronic mail address , which can be easily used by end - users to withdraw their consent . legal or natural persons conducting direct marketing communications through voice - to - voice calls and through calls by automating calling and communication systems should display their identity line on which the company can be called and present a specific code identifying the fact that the call is a marketing call .


### this regulation ensures free movement of electronic communications data and electronic communications services within the union , which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural and legal persons and the protection of natural persons with regard to the processing of personal data . ### this regulation ensures free movement of electronic communications data and electronic communications services within the union


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


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


### it is necessary to achieve the transmission of the communication , for the duration necessary for that purpose ; or ### it is strictly necessary to achieve the transmission of the communication , for the duration necessary for that purpose only , or


### it is necessary to maintain or restore the security of electronic communications networks and services , or detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose . ### it is strictly necessary to maintain or restore the security of electronic communications networks and services , or detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose only and only to the extent that the purpose concerned could not be fulfilled by processing information that is made anonymous ,


### 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 a clear and easily understandable language , provided separately from the terms and conditions of the provider , 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 all end - users , or which are provided in order to deliver a specific functionality to the end - user concerned , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous .


### the collection of information emitted by terminal equipment to enable it to connect to another device and , or to network equipment shall be prohibited , except if : ### the collection of information emitted by terminal equipment shall be prohibited , except if :


### in the case of software which has already been installed on 25 may 2018 , the requirements under paragraphs 1 and 2 shall be complied with at the time of the first update of the software , but no later than 25 august 2018 . ### in the case of software which has already been installed on 25 may 2018 , and which has not been officially discontinued by that date with a public announcement from the software provider , the requirements under paragraph 1 shall be complied with at the time of the first update of the software , but no later than 25 august 2018 .


### the providers of a publicly available directory shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end - users’ consent before enabling such search functions related to their own data . ### the providers of a publicly available directory shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end - users’ consent before enabling such search functions related to different categories of their own data . a separate consent shall be required for enabling reverse searches of natural persons based on phone numbers or service identifiers such as email addresses or user names .


### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent . ### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services for a period of no more than 12 months only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent .


### 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 . any use of market sender identities , false contact information or false return addresses or numbers for direct marketing purposes shall be prohibited .


### by 1 january 2018 at the latest , the commission shall establish a detailed programme for monitoring the effectiveness of this regulation . ### six months before the entry into force of this regulation at the latest , the commission shall establish a detailed programme for monitoring the effectiveness of this regulation .