### (11) the decentralised it system should be comprised of the back-end systems of member states and the union agencies and bodies , and interoperable access points , through which they are interconnected. the access points of the decentralised it system should be based on e-codex. ### (11) the decentralised it system should be comprised of back-end systems in member states and the relevant union agencies and bodies , and interoperable access points through which they are interconnected. the access points of the decentralised it system should be based on e-codex.


### (12) for the purposes of this regulation , member states should be able to use instead of a national it system , a commission-developed software (reference implementation software). the commission should be responsible for the creation , maintenance and development of this reference implementation software in accordance with the principles of data protection by design and by default. the commission should design , develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in regulation (eu) 2018/1725 of the european parliament and of the council34 and regulation (eu) 2016/679 of the european parliament and of the council35 , in particular the principles of data protection by design and by default as well as high level of cybersecurity. the reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures. ### (12) for the purposes of this regulation , member states should be able to use instead of a national it system , a commission-developed software (reference implementation software). the commission should be responsible for the creation , maintenance and development of this reference implementation software in accordance with the principles of data protection by design and by default. the commission should design , develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in regulation (eu) 2018/1725 of the european parliament and of the council34 , regulation (eu) 2016/679 of the european parliament and of the council35 , and directive (eu) 2016/680 of the european parliament and of the council in particular the principles of data protection by design and by default as well as a high level of cybersecurity. the reference implementation software should also implement appropriate technical measures and enable organisational measures necessary for ensuring the high level of security and interoperability appropriate to the exchange of information in the context of cross-border judicial procedures.


### (13) in order to provide swift , secure and efficient assistance to applicants , written communication between competent authorities , such as courts and central authorities established under council regulation (ec) 4/200936 and council regulation (eu) 2019/111137 , should , as a rule , be carried out through the decentralised it system. in exceptional cases , other means of communication may be used if those are found to be more appropriate for the purposes of ensuring flexibility. however , the decentralised it system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in annex i and annex ii to this regulation. ### (13) written communication between competent authorities , such as courts and central authorities established under council regulation (ec) 4/200936 and council regulation (eu) 2019/111137 , should be carried out through the decentralised it system to the greatest extent possible. other means of communication may be used if those are found to be more appropriate for the purposes of ensuring flexibility. unless circumstances mitigate against it , the decentralised it system should be considered the most appropriate means for exchanging forms between authorities competent in proceedings under the legal acts listed in annex i and annex ii to this regulation.


### (14) transmission through the decentralised it system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable , such as the transmission of physical/material evidence. where the decentralised it system is not used , communication should be carried out by the most appropriate alternative means. such alternative means should entail , inter alia , transmission being performed as swiftly as possible and in a secure manner by other secure electronic means or by postal service. ### (14) transmission through the decentralised it system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable , such as the transmission of physical/material evidence. it may also not be possible in circumstances where the system is functioning , but the user does not have access due to technical issues , or because the member state has not yet made it available to them , or because the user has not yet received training in using the system. in addition , transmission through the decentralised it system may not be appropriate in especially sensitive criminal cases , where the number of people involved in the procedure must be kept as small as possible , and therefore physical information exchange might be required. where the decentralised it system is not used , communication should be carried out by the most appropriate alternative means. such alternative means should entail , inter alia , transmission being performed as swiftly as possible and in a secure manner by other secure electronic means or by postal service.


### (17) for the purpose of facilitating access of natural and legal persons to the competent authorities , this regulation should establish an access point at union level (european electronic access point) , as part of the decentralised it system through which natural and legal persons should be able to file claims , launch requests , send and receive procedurally relevant information and communicate with the competent authorities , for cases covered by this regulation. the european electronic access point should be hosted on the european e-justice portal , which serves as a one-stop-shop for judicial information and services in the union. ### (17) for the purpose of facilitating access of natural and legal persons to the competent authorities , this regulation should establish an access point at union level (european electronic access point) , as part of the decentralised it system through which natural and legal persons and their legal representatives should be able to file claims , launch requests , send and receive procedurally relevant information and communicate with the competent authorities , for cases covered by this regulation. the european electronic access point should be hosted on the european e-justice portal , which serves as a one-stop-shop for judicial information and services in the union.


### (18) member states should be responsible for the establishment , maintenance and development of national electronic portals (national it portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in annex i. ### (18) member states should be responsible for the establishment , maintenance and development of national electronic portals (national it portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in proceedings under the legal acts listed in annex i.


### (19) in the context of the communication in cross-border cases of natural and legal persons with competent authorities , electronic communication should be used as an alternative to the existing means of communication. notwithstanding , to ensure that access to justice through digital means does not contribute to further widening of the digital divide , the choice of the means of communication between electronic communication , as provided by this regulation , and other means of communication should be left to the discretion of the individuals concerned. this is particularly important in order to cater for the specific circumstances of disadvantaged groups and people in situation of vulnerability , such as children or older people , who may lack the requisite technical means or digital skills to access digital services. ### (19) in the context of communication by natural and legal persons with competent authorities in cross-border cases , electronic communication should be used as an alternative to existing means of communication. notwithstanding , to ensure that access to justice through digital means does not contribute to further widening of the digital divide , the choice of the means of communication between electronic communication , as provided by this regulation , and other means of communication should be left to the discretion of the individuals concerned. this is particularly important in order to cater for the specific circumstances of disadvantaged groups and people in situation of vulnerability , such as children or older people , who may lack the requisite technical means or digital skills to access digital services.


### (20) in order to enhance electronic cross-border communication and transmission of documents through the decentralised it system , the european electronic access point and national it portals , where available , those documents should not be denied legal effect and should not be considered inadmissible in the proceedings solely on the grounds that they are in electronic form. however , that principle should be without prejudice to the assessment of the legal effects or the admissibility of those documents , which may constitute evidence in accordance with national law. it should also be without prejudice to national law regarding the conversion of documents. ### (20) in order to encourage electronic cross-border communication and transmission of documents through the decentralised it system , the european electronic access point and national it portals , where available , those documents should not be denied legal effect and should not be considered inadmissible in the proceedings solely on the grounds that they are in electronic form. however , that principle should be without prejudice to the assessment of the legal effects or the admissibility of those documents , which may constitute evidence in accordance with national law. it should also be without prejudice to national law regarding the conversion of documents.


### (21) in order to facilitate oral hearings in proceedings in civil , commercial and criminal matters with cross-border implications , this regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties in such hearings. the procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the member state conducting the videoconference. conducting a hearing by videoconferencing or other distance communication technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. in such cases the most appropriate rules available under the national law , such as rules for taking of evidence , should apply mutatis mutandis. ### (21) in order to facilitate oral hearings in cross-border proceedings in civil , commercial and criminal matters , this regulation should provide for the optional use of video conferencing or other distance communication technology for the participation of the parties in , as well as for the participation of all other persons entitled , under member state law , to participate. the use of videoconferencing is a restriction of the right to be present1a and consequently the use of remote proceedings must serve a legitimate aim , and the arrangements for giving evidence must comply with requirements for due process. remote participation in criminal proceedings cannot be treated as equivalent to physical participation and must therefore remain an exception. remote proceedings pose significant risks to the fairness of trials , and as a result , caution must be exercised in regard to the use of remote hearings because virtual participation significantly impacts how effectively persons are able to exercise their defence rights , including the right to counsel and the right to examine evidence and witnesses. in regard to criminal matters , and in view of the restriction on fair trial rights that videoconferencing entails , the optional use of videoconferencing should be restricted to circumstances where the defendant is located in another country , and opts to be heard remotely to avoid extradition or having to travel to the country where the criminal proceedings are being undertaken. videoconferencing should not be used for hearings on detention pre-trial , or for trials on merits in criminal proceedings. the procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the member state conducting the videoconference , but should always be optional , and steps taken to ensure that the risks and disadvantages of remote participation are fully explained before any decision is taken , and informed consent is freely given by both parties. particular safeguards must apply in regard to the use of videoconferencing in cases involving minors ,persons with cognitive impairment , persons who require technical assistance , and persons in need of interpretation assistance. member states should make appropriate video-conferencing technology available for cross-border proceedings. all video-conferencing technology used in remote proceedings must enable all participants to follow the proceedings and to be heard without technical impediments , as well as ensuring that the right to effective and confidential communication with a lawyer , the right to file and inspect evidence , and the right to examine witnesses , is upheld.


### (24) for the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the union legal acts in civil and commercial matters , electronic payment of fees should be possible in an online environment by payment methods widely available throughout the union , such as credit cards , debit cards , e-wallet and bank transfers. ### (24) for the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the union legal acts in civil and commercial matters , electronic payment of fees should be possible via payment methods widely available throughout the union , such as credit cards , debit cards , e-wallet and bank transfers.


### (29) the application of this regulation should be without prejudice to procedural rights as enshrined in the charter of fundamental rights of the european union46 and union law , such as the procedural rights directives47 , and in particular to the right to an interpreter , the right of access to a lawyer , the right of access to the case file , the right to legal aid , and the right to be present at the trial. ### (29) the application of this regulation is without prejudice to procedural rights as enshrined in the charter of fundamental rights of the european union46 and union law , such as the procedural rights directives47 , and in particular to the right to an interpreter , the right of access to a lawyer , the right of access to the case file , the right to legal aid , and the right to be present at the trial.


### 2. where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised it system , the nature of the transmitted material or exceptional circumstances , the transmission shall be carried out by the swiftest , most appropriate alternative means , taking into account the need to ensure a secure and reliable exchange of information. ### 2. where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised it system , the nature of the transmitted material or other circumstances , the transmission shall be carried out by the swiftest , most appropriate alternative means , taking into account the need to ensure a secure and reliable exchange of information.


### 3. where the use of the decentralised it system is not appropriate in view of the specific circumstances of the communication in question , any other means of communication may be used. ### 3. where the use of the decentralised it system is not appropriate in view of the specific circumstances of the communication in question , any other secure means of communication may be used.


### 1. a european electronic access point shall be established on the european e-justice portal , to be used for electronic communication between natural or legal persons and competent authorities in cases falling under the scope of the legal acts listed in annex i. ### 1. a european electronic access point shall be established on the european e-justice portal , to be used for electronic communication between natural or legal persons and their duly appointed legal representatives and competent authorities in cases falling under the scope of the legal acts listed in annex i.


### 2. the commission shall be responsible for the technical management , development , maintenance , security and support of the european electronic access point. ### 2. the commission shall be responsible for the technical management , development , maintenance , security and support of the european electronic access point. the commission shall collaborate with external experts with a proven track record in secure , user-friendly and accessible it development in the design and build stages of the european electronic access point.


### 3. the european electronic access point shall allow natural and legal persons to file claims , launch requests , send and receive procedurally relevant information and communicate with the competent authorities. ### 3. the european electronic access point shall allow natural and legal persons and their legal representatives to file claims , launch requests , send and receive procedurally relevant information and communicate with the competent authorities.


### 1. written communication between natural or legal persons and competent authorities falling within the scope of the legal acts listed in annex i , may be carried out by the following electronic means: ### 1. written communication between natural or legal persons or their legal representatives and competent authorities falling within the scope of the legal acts listed in annex i and annex ii , may be carried out by the following electronic means:


### 2. competent authorities shall communicate with natural and legal persons through the european electronic access point , where that natural or legal person gave prior express consent to the use of this means of communication. ### 2. competent authorities shall communicate with natural and legal persons , or their duly nominated legal representatives , as appropriate , through the european electronic access point , where that natural or legal person gave prior express consent to the use of this means of communication.


### 2. a request for conducting an oral hearing through videoconferencing or other distance communication technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology. ### 2. a request for conducting an oral hearing through videoconferencing or other distance communication technology may be refused by the competent authority where the particular circumstances of the case are not compatible with the use of such technology. the competent authority shall provide a written statement of reasons for refusal.


### 3. competent authorities may on their own motion allow the participation of parties to hearings by videoconference , provided that all parties to the proceedings are given the possibility to submit an opinion on the use of videoconferencing or other distance communication technology. ### deleted


### 8 hearing through videoconferencing or other distance communication technology in criminal proceedings ### 8 hearing through videoconferencing or other distance communication technology in cross-border criminal proceedings


### 1. where the competent authority of a member state requests the hearing of a suspect , accused or convicted person in proceedings under the legal acts listed in annex ii , the competent authority shall allow their participation to the hearing by videoconferencing or other distance communication technology , provided that: ### 1. where the competent authority of a member state requests the hearing of a suspect , accused or convicted person in proceedings under the legal acts listed in annex ii , and where the person is located in another member state , the competent authorities involved shall allow their participation to the hearing by videoconferencing or other distance communication technology , provided that:


### the suspect , accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technology. before expressing consent on the use of videoconferencing or other distance communication technology the suspect or the accused person shall have the possibility to seek the advice of a lawyer in accordance with directive 2013/48/eu. ### the suspect , accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technology. competent authorities shall provide suspects , accused or convicted persons with information about the procedure for conducting a hearing through videoconferencing or other distance communication technology , including the right to interpretation in accordance with directive 2010/64/eu , and the right of access to legal assistance in accordance with directive 2013/48/eu , before seeking consent on the use of videoconferencing or other distance communication technology.


### 3. subject to this regulation , the procedure for conducting a videoconference shall be regulated by the national law of the member state conducting the videoconference. ### 3. subject to this regulation , the procedure for conducting a videoconference shall be regulated by the national law of the member state requesting the videoconference. the member state which requests the video conference shall also conduct the videoconference.


### 4. the confidentiality of communication between suspects , accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other distance communication technology shall be ensured. ### 4. the confidentiality of communication between suspects , accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other distance communication technology shall be ensured. without prejudice to national law governing the procedure and time limits for submission of evidence , the technology used for the purposes of conducting the hearing through videoconferencing or other distance communication technology shall ensure the possibility to submit , review and examine evidence , including examination of witnesses.


### 1. every five years after the date of application of article 25 , the commission shall carry out an evaluation of this regulation and present to the european parliament and to the council a report supported by information supplied by the member states and collected by the commission. ### 1. every two years after the date of application of article 25 , the commission shall carry out an evaluation of this regulation and present to the european parliament and to the council a report supported by information supplied by the member states and collected by the commission.


### they shall use that decentralised it system to procedures instituted from the day referred to in the first subparagraph. ### they shall use that decentralised it system for procedures instituted from the day referred to in the first subparagraph.


### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive; ### a. whereas the freedom to express different thoughts , ideas and views and to participate in public debate is the basis of democracies; whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive , as it contributes to citizens' understanding of participation in public matters and their involvement in the governance of their own communities; whereas silencing or suppressing views on public matters runs against democracy and fundamental rights and hence against article 2 of the teu;


### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive; ### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;


### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive; ### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society and public participation are essential for any democracy to thrive;


### b. whereas strategic lawsuits against public participation (slapps) are lawsuits or other legal actions (e.g. injunctions , asset-freezing) based on civil and criminal law , as well as the threats of such actions , with the purpose of preventing reporting on breaches of union and national law , corruption or other fraudulent practices or of blocking public participation; ### b. whereas strategic lawsuits against public participation (slapps) are lawsuits or other legal actions based on civil , administrative and criminal law , as well as the threats of such actions , with the purpose of preventing or otherwise undermining public participation; whereas public participation includes but is not limited to investigating , speaking about , reporting or otherwise exposing matters of public interest , in particular breaches of union and national law , corruption or other fraudulent practices as well as practices that potentially threaten fundamental rights and freedoms , democracy , the rule of law or good governance , and engaging in advocacy through the exercise of civil liberties such as the freedom of association , freedom of peaceful assembly and freedom of expression and of information;


### b. whereas strategic lawsuits against public participation (slapps) are lawsuits or other legal actions (e.g. injunctions , asset-freezing) based on civil and criminal law , as well as the threats of such actions , with the purpose of preventing reporting on breaches of union and national law , corruption or other fraudulent practices or of blocking public participation; ### b. whereas strategic lawsuits against public participation (slapps) are lawsuits or other legal actions (e.g. injunctions , asset-freezing) based on civil and criminal law , as well as the threats of such actions , with the purpose of preventing acts of public participation , including investigating and reporting on breaches of union and national law , corruption or other fraudulent practices , as well as preventing the promotion of democratic debate or engagement in advocacy or activism including through the exercise of civil liberties such as freedom of association , freedom of peaceful assembly and freedom of expression and information;


### specifically addressing questions of civil justice; ### specifically addressing private international law aspects;


### 1. underlines that an independent , impartial , professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some member states whereby media laws allow for greater political interference; ### 1. underlines that an independent , impartial , professional and responsible media is a key pillar of democracy; media’s independence from political and economic powers and influences must be guaranteed therefore , expresses serious concerns about the situation in some member states whereby media laws allow for greater political interference;


### 2. is concerned that the current covid-19 pandemic not only continues to have a significant negative impact on public health , social welfare and the economy , but also entails a serious threat to media freedom; warns that governments across the world could use the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; calls on the commission to mobilise funds to encourage anti-corruption investigative journalism; ### 2. is concerned that the current covid-19 pandemic not only continues to have a significant negative impact on public health , social welfare and the economy , but also entails a serious threat to media freedom; warns that governments across the world could use the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; calls on the commission to mobilise funds to encourage anti-corruption investigative journalism; considers it necessary to take measures to combat the spread of fake news , especially in times of crises , such as the current health crisis , which requires valid , reliable and timely information;


### 3. highlights that reporters without borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom , as it is often threatened by the rise of populist governments; calls on the member states and the commission to enforce a legal framework to protect journalists and their sources; ### 3. highlights that reporters without borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom , as it is often threatened by the rise of populist governments; calls on the member states and the commission to enforce a legal framework to protect journalists and their sources; calls on the commission and member states to protect whistleblowers as whistleblowing is one of the most effective ways of uncovering corruption;


### 6. calls on the member states to guarantee that the public service media is free from censorship and political influence; invites the member states , in this regard , to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency; ### 6. calls on the member states provide appropriate , proportionate and stable funding for public service media , thus ensuring it can fulfil its cultural , social and educational role , and contribute to an inclusive information society , while guaranteeing its independence from governmental influences ; invites the member states , in this regard , to establish the necessary regulatory frameworks to monitor media ownership and their funding sources ensuring full transparency and easy accessibility to citizens;


### 7. encourages the member states to introduce effective measures to ensure better protection for the personal safety of journalists , in particular investigative journalists. ### 7. encourages the member states to introduce effective measures to ensure better protection for the personal safety of journalists , in particular investigative journalists; is concerned about the increasing intimidation of and acts of aggression and harassment against journalists , especially against female journalists;


### (2) it is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data. such a system , enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities , when provided forby national or union law , should contribute to improving access to justice. ### (2) it is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data. such a system , enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities , when provided forby national or union law , should contribute to improving access to justice. such a system , in common with all e-justice systems , should not compromise the provisions of directive 2016/343 on the right to be presumed innocent and to be present at trial , directive 2013/48 on the right of access to a lawyer , directive 2012/13 on the right to information and directive 2010/64 on the right to interpretation and translation.


### (2) it is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data. such a system , enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities , when provided forby national or union law , should contribute to improving access to justice. ### (2) it is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data. such a system , enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities , when provided forby national or union law , should contribute to improving access to justice. such a system , in common with all e-justice systems , should not undermine the provisions of directive (eu) 2016/343 of the european parliament and of the council1a on the right to be presumed innocent and to be present at trial , directive 2013/48/eu of the european parliament and of the council1b on the right of access to a lawyer , directive 2012/13/eu of the european parliament and of the council1c on the right to information , and directive 2010/64/eu of the european parliament and of the council1d on the right to interpretation and translation.


### (6) given the importance of the e-codex system for cross-border exchanges in the justice area in the union , there should be a sustainable union legal framework establishing the e-codex system and providing rules regarding its functioning and development. such legal framework should clearly define and frame the components of the e-codex system in order to guarantee its technical sustainability. the system should define the it components of an access point , which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. it should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-codex access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points. ### (6) given the importance of the e-codex system for cross-border exchanges in the justice area in the union , there should be a sustainable union legal framework establishing the e-codex system and providing rules regarding its functioning and development. this legal framework should effectively ensure the protection of fundamental rights as provided for in title vi of the charter of fundamental rights of the european union , in particular in article 47 on the right to an effective remedy and to a fair trial. this legal framework should equally clearly frame and define the components of the e-codex system in order to guarantee its technical sustainability. the framework should define the it components of an access point , which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. it should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-codex access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points.


### (6) given the importance of the e-codex system for cross-border exchanges in the justice area in the union , there should be a sustainable union legal framework establishing the e-codex system and providing rules regarding its functioning and development. such legal framework should clearly define and frame the components of the e-codex system in order to guarantee its technical sustainability. the system should define the it components of an access point , which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. it should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-codex access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points. ### (6) given the importance of the e-codex system for cross-border exchanges in the justice area in the union , there should be a sustainable union legal framework establishing the e-codex system and providing rules regarding its functioning and development. such legal framework should effectively ensure the protection of fundamental rights as they are guaranteed in the title vi of the charter , in particular in article 47 thereof on the right to an effective remedy and to a fair trial. such legal framework should also clearly define and frame the components of the e-codex system in order to guarantee its technical sustainability. the framework should define the it components of an access point , which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. it should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-codex access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points.


### (7) since it is necessary to ensure the long term sustainability of the e-codex system and its governance while taking into account the independence of the national judiciaries , an appropriate entity for the operational management of the system should be designated. ### (7) since it is necessary to ensure the long term sustainability of the e-codex system and its governance while ensuring the independence of the national judiciaries , an appropriate entity for the operational management of the system should be designated.


### (9) according to article 19 of regulation (eu) 2018/1726 the role of the management board of eu-lisa is to ensure that all decisions and actions of the agency affecting large-scale it systems in the area of freedom , security and justice respect the principle of independence of the judiciary. the governance structure of the agency and financing scheme further guarantee the respect of that principle. ìt is also important to involve the legal professions and other stakeholders in the governance of the e-codex system through the programme management board. ### (9) according to article 19 of regulation (eu) 2018/1726 the role of the management board of eu-lisa is to ensure that all decisions and actions of the agency affecting large-scale it systems in the area of freedom , security and justice respect the principle of independence of the judiciary. the governance structure of the agency and financing scheme further guarantee the respect of that principle. the legal professions and other relevant stakeholders should also be involved in the governance of the e-codex system through seats on the programme management board.


### (9) according to article 19 of regulation (eu) 2018/1726 the role of the management board of eu-lisa is to ensure that all decisions and actions of the agency affecting large-scale it systems in the area of freedom , security and justice respect the principle of independence of the judiciary. the governance structure of the agency and financing scheme further guarantee the respect of that principle. ìt is also important to involve the legal professions and other stakeholders in the governance of the e-codex system through the programme management board. ### (9) according to article 19 of regulation (eu) 2018/1726 the role of the management board of eu-lisa is to ensure that all decisions and actions of the agency affecting large-scale it systems in the area of freedom , security and justice respect the principle of independence of the judiciary. the governance structure of the agency and financing scheme further guarantee the respect of that principle. the legal professions and other relevant stakeholders should also be involved in the governance of the e-codex system by sitting on the programme management board.


### (10) given eu-lisa's priority tasks of developing and managing the entry/exit system (ees) , the european travel information and authorisation system (etias) , the european criminal records information system for third country nationals (ecris-tcn) , the revised schengen information system (sis) , the visa information system (vis) and eurodac , as well as the strategic task to establish a framework for interoperability between eu information systems , eu-lisa should not take over the responsibility for the e-codex system earlier than on 1 july 2023. ### (10) while acknowledging eu-lisa's tasks of developing and managing the entry/exit system (ees) , the european travel information and authorisation system (etias) , the european criminal records information system for third country nationals (ecris-tcn) , the revised schengen information system (sis) ,the visa information system (vis) and eurodac , as well as the strategic task to establish a framework for interoperability between eu information systems , in light of the fact that e-codex could immediately provide an important and valuable service to citizens , eu-lisa should prioritise the takeover of the e-codex system , and such a takeover should take place no later than 1 july 2022.


### (10) given eu-lisa's priority tasks of developing and managing the entry/exit system (ees) , the european travel information and authorisation system (etias) , the european criminal records information system for third country nationals (ecris-tcn) , the revised schengen information system (sis) , the visa information system (vis) and eurodac , as well as the strategic task to establish a framework for interoperability between eu information systems , eu-lisa should not take over the responsibility for the e-codex system earlier than on 1 july 2023. ### (10) while acknowledging eu-lisa's tasks of developing and managing the entry/exit system (ees) , the european travel information and authorisation system (etias) , the european criminal records information system for third country nationals (ecris-tcn) , the revised schengen information system (sis) ,the visa information system (vis) and eurodac , as well as the strategic task to establish a framework for interoperability between eu information systems , in light of the fact that e-codex could immediately provide an important and valuable service to citizens , eu-lisa should prioritise the takeover of the e-codex system , and such takeover should take place no later than 1 july 2022.


### (15) the member states should maintain a list of authorised e-codex access points operated within their territory , and communicate them to eu-lisa in order to enable the interaction between them in the context of the relevant procedures. the commission should maintain a similar list of authorised e-codex access points operated by the union institutions , bodies and agencies for the same reason. the entities operating the access points at national level may be public authorities , organisations representing legal practitioners or private companies. bearing in mind the decentralised nature of the e-codex system , while eu-lisa should ensure the operational management of the e-codex system , the responsibility for setting up and operating the authorised e-codex access points should lie exclusively with the entities operating the relevant access points. the entities operating the authorised e-codex access point should bear the responsibility for any damage resulting from the operation of the authorised e-codex access point. ### (15) the member states should maintain a list of authorised e-codex access points operated within their territory , and communicate them to eu-lisa in order to enable the interaction between them in the context of the relevant procedures. the commission should maintain a similar list of authorised e-codex access points operated by the union institutions , bodies and agencies for the same reason. the entities operating the access points at national level may be public authorities , organisations representing legal practitioners or private companies. bearing in mind the decentralised nature of the e-codex system , while eu-lisa should ensure the operational management of the e-codex system , the responsibility for setting up and operating the authorised e-codex access points should lie exclusively with the entities operating the relevant access points. in order to ensure the integrity of the system , the commission should be responsible for establishing , by means of an implementing act , financing conditions and guarantees to maintain the integrity of the e-codex system which would apply to entities operating an e-codex access point. the entities operating the authorised e-codex access point should bear the responsibility for any damage resulting from the operation of the authorised e-codex access point.


### (15) the member states should maintain a list of authorised e-codex access points operated within their territory , and communicate them to eu-lisa in order to enable the interaction between them in the context of the relevant procedures. the commission should maintain a similar list of authorised e-codex access points operated by the union institutions , bodies and agencies for the same reason. the entities operating the access points at national level may be public authorities , organisations representing legal practitioners or private companies. bearing in mind the decentralised nature of the e-codex system , while eu-lisa should ensure the operational management of the e-codex system , the responsibility for setting up and operating the authorised e-codex access points should lie exclusively with the entities operating the relevant access points. the entities operating the authorised e-codex access point should bear the responsibility for any damage resulting from the operation of the authorised e-codex access point. ### (15) the member states should maintain a list of authorised e-codex access points operated within their territory , and communicate them to eu-lisa in order to enable the interaction between them in the context of the relevant procedures. the commission should maintain a similar list of authorised e-codex access points operated by the union institutions , bodies and agencies for the same reason. the entities operating the access points at national level may be public authorities , organisations representing legal practitioners or private companies. bearing in mind the decentralised nature of the e-codex system , while eu-lisa should ensure the operational management of the e-codex system , the responsibility for setting up and operating the authorised e-codex access points should lie exclusively with the entities operating the relevant access points. in order to ensure the integrity of the system , the commission should be mandated to establish , by means of an implementing act in accordance with article 7 of the proposal , the funding conditions and guarantees to maintain the integrity of the e-codex system that would apply to entities operating an e-codex access point. the entities operating the authorised e-codex access point should bear the responsibility for any damage resulting from the operation of the authorised e-codex access point.


### (16) the national systems interconnected via the e-codex system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs , results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the union. the systems connected to the authorised e-codex access points should therefore be able to systematically collect and maintain comprehensive data on the use of cross-border civil and criminal proceedings in accordance with the relevant provisions of the legal acts listed in annex i. this should not only alleviate the work of the member states in collecting the relevant data and ensure mutual accountability and transparency , but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the commission. the collected information should only encompass aggregated data and should not constitute personal data. ### (16) the national systems interconnected via the e-codex system should allow for monitoring its efficiency and effectiveness by providing a mechanism to monitor the outputs , results and impacts of instruments that enable the transmission of electronic data in the context of cross-border civil and criminal proceedings in the union. the systems connected to the authorised e-codex access points should therefore be able to systematically collect and maintain comprehensive statistical data on the use of cross-border civil and criminal proceedings in accordance with the relevant provisions of the legal acts listed in annex i. this should not only alleviate the work of the member states in collecting the relevant data and ensure mutual accountability and transparency , but also significantly facilitate the ex-post monitoring of the legal acts adopted in the area of civil and criminal cooperation by the commission. the collected information should only encompass aggregated data and should not constitute personal data.


### (17) eu-lisa should maintain a high level of security when carrying out its tasks. when undertaking further technical evolutions of software , eu-lisa should implement the principles of security by design and data protection by design and by default , in accordance with regulation (eu) 2018/1725. the entities operating the authorised e-codex access point should bear the responsibility for the security of the data transmitted via their access points. ### (17) eu-lisa should maintain a high level of security when carrying out its tasks. when updating software , eu-lisa should implement the principles of security by design and data protection by design and by default , in accordance with regulation (eu) 2018/1725. the entities operating the authorised e-codex access point should bear the responsibility for the security of the data transmitted via their access points.


### (17) eu-lisa should maintain a high level of security when carrying out its tasks. when undertaking further technical evolutions of software , eu-lisa should implement the principles of security by design and data protection by design and by default , in accordance with regulation (eu) 2018/1725. the entities operating the authorised e-codex access point should bear the responsibility for the security of the data transmitted via their access points. ### (17) eu-lisa should maintain a high level of security when carrying out its tasks. when developing upgrades to the software , eu-lisa should implement the principles of security by design and data protection by design and by default , in accordance with regulation (eu) 2018/1725. the entities operating the authorised e-codex access point should bear the responsibility for the security of the data transmitted via their access points.


### (19) in order to allow eu-lisa to prepare the takeover adequately , the entity managing the e-codex system should prepare by 31 december 2022 a handover document setting out the detailed arrangements for the transfer of the e-codex system , including the criteria for a successful handover process and its completion , in accordance with implementing acts adopted by the commission pursuant to this regulation. the handover document should cover the components of the e-codex system including the gateway , the connector and the digital procedural standards , as well as the relevant supporting products. the commission should monitor the handover/takeover process in order to ensure its compliance with the implementing acts and the handover document , and the takeover should only take place once the commission has declared that the process has been successfully completed. after submitting the handover document and until the successful handover of the e-codex system to eu-lisa , the entity managing the e-codex system should not deliver any new release but should only ensure corrective maintenance activities of the e-codex system. ### (19) in order to allow eu-lisa to prepare the takeover adequately , the entity managing the e-codex system should prepare by 31 december 2021 a handover document setting out the detailed arrangements for the transfer of the e-codex system , including the criteria for a successful handover process and its completion , in accordance with implementing acts adopted by the commission pursuant to this regulation. the handover document should cover the components of the e-codex system including the gateway , the connector and the digital procedural standards , as well as the relevant supporting products. the commission should monitor the handover/takeover process in order to ensure its compliance with the implementing acts and the handover document , and the takeover should only take place once the commission has declared that the process has been successfully completed. after submitting the handover document and until the successful handover of the e-codex system to eu-lisa , the entity managing the e-codex system should not deliver any new release but should only ensure corrective maintenance activities of the e-codex system.


### ‘authorised e-codex access point’ means an e-codex access point which has been notified to eu-lisa in accordance with article 5(4) or article 7(1) and which is operating a digital procedural standard as referred to in article 4(3); ### ‘authorised e-codex access point’ means an e-codex access point authorised under national or union law which has been notified to eu-lisa by the commission or a member state in accordance with article 5(4) or article 7(1) and which is operating a digital procedural standard as referred to in article 4(3).


### ‘authorised e-codex access point’ means an e-codex access point which has been notified to eu-lisa in accordance with article 5(4) or article 7(1) and which is operating a digital procedural standard as referred to in article 4(3); ### ‘authorised e-codex access point’ means an e-codex access point which has been authorised under national or union law and which has been notified to eu-lisa by the commission or a member state in accordance with article 5(4) or article 7(1) and which is operating a digital procedural standard as referred to in article 4(3);


### 3. a digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by legal acts listed in annex i. ### 3. a digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by legal acts listed in annex i. digital procedural standards for the purposes of this regulation shall be laid down by the commission in implementing acts and developed by eu-lisa.


### 3. a digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by legal acts listed in annex i. ### 3. a digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by legal acts listed in annex i. digital procedural standards for the purposes of this regulation shall be laid down by the commission in implementing acts and developed by eu-lisa. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 17(2).


### 1. by 31 december 2022 the commission shall establish , by means of implementing acts: ### 1. by 31 december 2021 the commission shall establish , by means of implementing acts:


### 2. the commission may adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in article 4(3). ### 2. the commission shall adopt implementing acts establishing detailed technical specifications on the digital procedural standards defined in article 4(3).


### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii. ### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii. it shall be responsible for ensuring that the technical standards and specifications of the e-codex system are implemented in a way that does not undermine the guarantees of title vi of the charter.


### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii. ### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii. it shall be responsible for ensuring that the standards and technical specifications of the e-codex system are implemented in such a way as not to undermine the safeguards of title vi of the charter of fundamental rights of the european union.


### informing the general public through the internet about e-codex , by means of a set of large-scale communication channels , such as websites or social media platforms; ### informing the general public about e-codex;


### 1. the entity operating an authorised e-codex access point shall be responsible for its secure set-up and operation. this responsibility shall include the necessary adaptations to the connector referred to in article 4(2)(b) to make it compatible with any connected systems and any other necessary technical adaptations to its connected systems. ### 1. the entity operating an authorised e-codex access point shall be responsible for its secure and lawful set-up and operation. this responsibility shall include the necessary adaptations to the connector referred to in article 4(2)(b) to make it compatible with any connected systems and any other necessary technical adaptations to its connected systems.


### 1. the entity managing the e-codex system shall , by 31 december 2022 at the latest , submit a common handover document to eu-lisa specifying the detailed arrangements for the transfer of the e-codex system , including the criteria for a successful handover process and completion and related documentation , as established by the implementing acts pursuant to article 5(1)(c) , including provisions on intellectual property rights or usage rights relating to the e-codex system and the supporting software listed in annex ii enabling eu-lisa to carry out its responsibilities in accordance with article 6. ### 1. the entity managing the e-codex system shall , by 31 december 2021 at the latest , submit a common handover document to eu-lisa specifying the detailed arrangements for the transfer of the e-codex system , including the criteria for a successful handover process and completion and related documentation , as established by the implementing acts pursuant to article 5(1)(c) , including provisions on intellectual property rights or usage rights relating to the e-codex system and the supporting software listed in annex ii enabling eu-lisa to carry out its responsibilities in accordance with article 6.


### 4. eu-lisa shall take over responsibility for the e-codex system at the date when the commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 and not earlier than on 1 july 2023. ### 4. eu-lisa shall take over responsibility for the e-codex system at the date when the commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 and not earlier than on 1 july 2022.


### 1. as from 1 january 2023 , the e-codex advisory group established pursuant to article 27(dc) of regulation (eu) 2018/1726 shall provide eu-lisa with the necessary expertise related to the e-codex system , in particular in the context of preparation of its annual work programme and its annual activity report. it shall also follow up on the state of implementation in the member states. the advisory group shall be informed of any security issues. ### 1. as from 1 january 2022 , the e-codex advisory group established pursuant to article 27(dc) of regulation (eu) 2018/1726 shall provide eu-lisa with the necessary expertise related to the e-codex system , in particular in the context of preparation of its annual work programme and its annual activity report. it shall also follow up on the state of implementation in the member states. the advisory group shall be informed of any security issues.


### 1. by 1 january 2023 , the management board of eu-lisa shall establish an e-codex programme management board composed of ten members. ### 1. by 1 january 2022 , the management board of eu-lisa shall establish an e-codex programme management board composed of ten members.


### 2. the programme management board shall be composed of eight members appointed by the management board , the chair of the advisory group referred to in article 11 and one member appointed by the commission. the management board shall ensure that the members it appoints to the programme management board have the necessary experience and expertise regarding the e-codex system. ### 2. the programme management board shall be composed of eight members appointed by the management board , the chair of the advisory group referred to in article 11 and one member appointed by the commission. the management board shall ensure that the members it appoints to the programme management board have the necessary experience and expertise regarding the e-codex system , as well as extensive experience in the justice field.


### (1) past crises , especially the early days of the covid-19 pandemic , have shown that the internal market (also referred to as the single market and its supply chains can be severely affected by such crises , and appropriate crisis management tools and coordination mechanisms are either lacking , do not cover all aspects of the single market or do not allow for a timely response to such impacts. ### (1) past crises , especially the early days of the covid-19 pandemic , have shown that the internal market (also referred to as the single market and its supply chains and workers can be severely affected by such crises , and appropriate crisis management tools and coordination mechanisms are either lacking , do not cover all aspects of the single market or do not allow for a timely response to such impacts. in many cases , distorted as well as crisis-relevant sectors depended on cross-border services and mobile workers , who played an essential role at the frontline of the crisis , but were often left behind without adequate protection when exercising their freedom of movement.


### (1) past crises , especially the early days of the covid-19 pandemic , have shown that the internal market (also referred to as the single market and its supply chains can be severely affected by such crises , and appropriate crisis management tools and coordination mechanisms are either lacking , do not cover all aspects of the single market or do not allow for a timely response to such impacts. ### (1) past crises , especially the early days of the covid-19 pandemic , have shown that the internal market (also referred to as the single market) , its supply chains and workers can be severely affected by such crises , and appropriate crisis management tools and coordination mechanisms are either lacking , do not cover all aspects of the single market or do not allow for a timely response to such impacts; a response protecting private profits resulted in abuses of workers' rights and a lack of protection and support , impacting especially cross-border and mobile workers..


### (3) actions by the commission were delayed by several weeks due to the lack of any union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the single market being cause by the crisis. in addition it became clear that uncoordinated restrictive actions taken by the member states would further aggravate the impacts of the crisis on the single market. it emerged that there is a need for arrangements between the member states and union authorities as regards contingency planning , technical level coordination and cooperation and information exchange. ### (3) actions by the commission were delayed by several weeks due to the lack of any union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the single market being cause by the crisis. in addition it became clear that uncoordinated restrictive actions taken by the member states would further aggravate the impacts of the crisis on the single market. it emerged that there is a need for arrangements between the member states and union authorities as regards contingency planning , technical level coordination and cooperation and information exchange. different stakeholders , including trade unions played an essential role to protect free movement during the implementation of such measures and should be able to participate fully in their design and implementation , including when it comes to dissemination of relevant information to workers and business operators on the ground.


### (3) actions by the commission were delayed by several weeks due to the lack of any union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the single market being cause by the crisis. in addition it became clear that uncoordinated restrictive actions taken by the member states would further aggravate the impacts of the crisis on the single market. it emerged that there is a need for arrangements between the member states and union authorities as regards contingency planning , technical level coordination and cooperation and information exchange. ### (3) actions by the commission were delayed by several weeks due to the lack of any union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the single market being cause by the crisis. in addition it became clear that uncoordinated restrictive actions taken by the member states would further aggravate the impacts of the crisis on the single market. it emerged that there is a need for arrangements between the member states and union authorities as regards contingency planning , technical level coordination and cooperation and information exchange; trade unions played an essential role to protect workers' rights during the implementation of such measures and should be able to participate fully in their design and implementation .


### (3) actions by the commission were delayed by several weeks due to the lack of any union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the single market being cause by the crisis. in addition it became clear that uncoordinated restrictive actions taken by the member states would further aggravate the impacts of the crisis on the single market. it emerged that there is a need for arrangements between the member states and union authorities as regards contingency planning , technical level coordination and cooperation and information exchange. ### (3) actions by the commission were delayed by several weeks due to the lack of any union wide contingency planning measures and ofclarity as to which part of the national administration to contact to find rapid solutions to the impact on the single market being cause by the crisis. in addition it became clear that uncoordinated restrictive actions taken by the member states would further aggravate the impacts of the crisis on the single market. it emerged that there is a need for arrangements between the member states and union authorities as regards contingency planning , technical level coordination and cooperation and information exchange ; trade unions played an essential role to protect workers' rights during the implementation of such measures and should be able to participate fully in their design and implementation;


### (4) representative organisations of economic operators have suggested that economic operators did not have sufficient information on the crisis response measures of the member states during the pandemics , partly due to not knowing where to obtain such information , partly due to language constraints and the administrative burden implied in making repeated inquiries in all the member states , especially in a constantly changing regulatory environment. this prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. it is necessary to improve the availability of information on national and union level crisis response measures ### (4) representative organisations of economic operators and trade unions have suggested that economic operators and workers did not have sufficient information on the crisis response measures of the member states during the pandemics , partly due to not knowing where to obtain such information , partly due to language constraints and the administrative burden implied in making repeated inquiries in all the member states , especially in a constantly changing regulatory environment. this prevented them from making informed decisions to protect free movement rights and working conditions as well as business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. it is necessary to improve the availability of information on national and union level crisis response measures


### (4) representative organisations of economic operators have suggested that economic operators did not have sufficient information on the crisis response measures of the member states during the pandemics , partly due to not knowing where to obtain such information , partly due to language constraints and the administrative burden implied in making repeated inquiries in all the member states , especially in a constantly changing regulatory environment. this prevented them from making informed business decisions as to what extent they may rely on their free movement rights or continue cross-border business operations during the crisis. it is necessary to improve the availability of information on national and union level crisis response measures ### (4) representative organisations of trade unions and economic operators have suggested that they did not have sufficient information on the crisis response measures of the member states during the pandemics , partly due to not knowing where to obtain such information , partly due to language constraints. this prevented them from making informed decisions to protect workers' rights and working conditions. it is necessary to improve the availability of information on national and union level crisis response measures.


### the market position of affected economic operators in the concerned sector or sectors; ### deleted


### the geographic area that is and could be affected , including any cross-border impacts on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the single market; ### the geographic area that is and could be affected , including any cross-border impacts on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the single market as well as any impact on outermost regions;


### (5) these recent events have also highlighted the need for the union to be better prepared for possible future crises , especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. given the fact that it is not known which kind of crises could come up next and produce severe impacts on the single market and its supply chains in the future , it is necessary to provide for an instrument that would apply with regards to impacts on the single market of a wide range of crises. ### (5) these recent events have also highlighted the need for the union to be better prepared for possible future crises , especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. given the fact that it is not known which kind of crises could come up next and produce severe impacts on the single market and its supply chains in the future , an instrument that would look at impacts on working classes of a wide range of crises could be useful..


### (6) the impact of a crisis on the single market can be two-fold. on the one hand , a crisis can lead to obstacles to free movement within the single market , thus disrupting its normal functioning. on the other hand , a crisis can amplify shortages of crisis-relevant goods and services on the single market. the regulation should address both types of impacts on the single market. ### (6) the impact of a crisis on the single market can be two-fold. on the one hand , a crisis can lead to obstacles to free movement within the single market , thus disrupting its normal functioning. on the other hand , a crisis can amplify shortages of crisis-relevant goods and services on the single market. the regulation should address both types of impacts on the single market , without ever impeding or impact the right to take collective action as a fundamental workers' right.


### (7) since any specific aspects of future crises that would impact the single market and its supply chains are hard to predict , this regulation should provide for a general framework for anticipating , preparing for , mitigating and minimising the negative impacts which any crisis may cause on the single market and its supply chains. . ### (7) since any specific aspects of future crises that would impact the single market and its supply chains are hard to predict , this regulation should provide for a general framework for anticipating , preparing for , mitigating and minimising the negative impacts which any crisis may cause on the single market , its supply chains and workers. such framework should respect and safeguard fundamental human rights and workers' rights.


### (8) the framework of measures set out under this regulation should be deployed in a coherent , transparent , efficient , proportionate and timely manner , having due regard to the need to maintain vital societal functions , meaning including public security , safety , public order , or public health respecting , the responsibility of the member states to safeguard national security and their power to safeguard other essential state functions , including ensuring the territorial integrity of the state and maintaining law and order. ### (8) the framework of measures set out under this regulation should be deployed in a coherent , transparent , efficient , proportionate and timely manner , having due regard to the need to maintain vital societal functions , meaning including public security , safety , public order , or public health respecting , the responsibility of the member states to safeguard national security and their power to safeguard other essential state functions , including ensuring the territorial integrity of the state and maintaining law and order. trade unions' autonomy and their collective bargaining rights should be protected while elaborating and implementing such measures.


### (8) the framework of measures set out under this regulation should be deployed in a coherent , transparent , efficient , proportionate and timely manner , having due regard to the need to maintain vital societal functions , meaning including public security , safety , public order , or public health respecting , the responsibility of the member states to safeguard national security and their power to safeguard other essential state functions , including ensuring the territorial integrity of the state and maintaining law and order. ### (8) the framework of measures set out under this regulation should be deployed in a coherent , transparent , efficient , proportionate and timely manner , having due regard to the need to maintain vital societal functions , meaning including public security , safety , public order , or public health respecting , the responsibility of the member states to safeguard national security and their power to safeguard other essential state functions , including ensuring the territorial integrity of the state and maintaining law and order; trade unions' autonomy and their collective bargaining rights should be protected while elaborating and implementing such measures.


### — the necessary means to ensure the continued functioning of the single market , the businesses that operate on the single market and its strategic supply chains , including the free circulation of goods , services and persons in times of crisis and the availability of crisis relevant goods and services to citizens , businesses and public authorities at the time of crisis; ### — the necessary means to ensure the continued functioning of the single market , the businesses that operate on the single market and its strategic supply chains , including the free circulation of goods , services and persons in times of crisis , the protection of workers' rights and working conditions and the availability of crisis relevant goods and services to citizens , businesses and public authorities at the time of crisis;


### — the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses and citizens during a crisis. ### — the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate response by workers , businesses and citizens during a crisis.


### (19) article 45 tfeu lays down the right to free movement of workers , subject to the limitations and conditions laid down in the treaties and the measures adopted to give them effect. this regulation contains provisions which complement the existing measures in order to reinforce free movement of persons , increase transparency and provide administrative assistance during single market emergencies. such measures include setting up and making available of the single points of contact to workers and their representatives in the member states and at union level during the single market vigilance and emergency modes under this regulation. ### (19) article 45 tfeu lays down the right to free movement of workers without any discrimination based on nationality , subject to the limitations and conditions laid down in the treaties and the measures adopted to give them effect. this regulation contains provisions which complement the existing measures in order to preserve free movement of persons , protect workers , ensure their safety , increase transparency and provide administrative assistance during single market emergencies. such measures include setting up and making available of the single points of contact to workers and their representatives in the member states and at union level during the single market vigilance and emergency modes under this regulation.


### (20) if member states adopt measures affecting free movement of goods or persons , goods or the freedom to provide services in preparation for and during single market emergencies , they should limit such measures to what is necessary and remove them as soon as the situation allows it. such measures should respect the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions. ### (20) if member states adopt measures affecting free movement of goods or persons , goods or the freedom to provide services in preparation for and during single market emergencies , they should limit such measures to what is necessary and remove them as soon as the situation allows it. such measures should respect fundamental human rights , workers' rights , as well as the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions , especially of cross-border and frontier workers.


### (21) the activation of the single market emergency mode should trigger an obligation for the member states to notify crisis-relevant free movement restrictions. ### (21) the activation of the single market emergency mode should trigger an obligation for the member states to notify crisis-relevant free movement restrictions. if workers' rights and working conditions are affected by the activation , trade unions should be informed and consulted , as well as be able to participate in the decision-making.


### (22) when examining the compatibility of any notified draft or adopted measures with the principle of proportionality , the commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the member states when they seek to reduce the emerging risks in the context of the crisis. where justified and necessary in the circumstances , the commission may consider based on any available information , including specialised or scientific information , the merits of member state arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions. it is the task of the commission to ensure that such measures comply with union law and do not create unjustified obstacles to the functioning of the single market. the commission should react to the notifications of member states as quickly as possible , taking into account the circumstances of the particular crisis , and at the latest within the time-limits set out by this regulation. ### (22) the commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the member states when they seek to reduce the emerging risks in the context of the crisis. where justified and necessary in the circumstances , the commission should consider based on any available information , including specialised or scientific information , the merits of member state arguments relying on the precautionary principle as a reason for adoption of free movement of persons restrictions , while fully respecting fundamental human rights and workers' rights as set out in national , european and international law. the commission should react to the notifications of member states as quickly as possible , taking into account the circumstances of the particular crisis , and at the latest within the time-limits set out by this regulation.


### (23) in order to ensure that the specific single market emergency measures provided for in this regulation are used only where this is indispensable for responding to a particular single market emergency , such measures should require individual activation by means of commission implementing acts , which indicate the reasons for such activation and the crisis-relevant goods or services that such measures apply to. ### (23) in order to ensure that the specific single market emergency measures provided for in this regulation are used only where this is indispensable for responding to a particular single market emergency , such measures should require individual activation by means of commission implementing acts , which indicate the reasons for such activation , the compliance with fundamental human rights and workers' rights and the crisis-relevant goods or services that such measures apply to.


### (24) furthermore , in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management , the commission should only resort to the activation of the single market emergency mode , where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. why this is the case should be indicated in each such act , and in relation to all particular aspects of a crisis. ### (24) furthermore , in order to ensure the proportionality of the implementing acts and full respect for the role of trade unions and other relevant economic operators in crisis management , the commission should only resort to the activation of the single market emergency mode , where trade unions and economic operators are not able to provide a solution on a voluntary basis within a reasonable time. why this is the case should be indicated in each such act , and in relation to all particular aspects of a crisis.


### (24) furthermore , in order to ensure the proportionality of the implementing acts and due respect for the role of economic operators in crisis management , the commission should only resort to the activation of the single market emergency mode , where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. why this is the case should be indicated in each such act , and in relation to all particular aspects of a crisis. ### (24) furthermore , in order to ensure the proportionality of the implementing acts and full respect for the role of trade unions and other relevant economic operators in crisis management , the commission should only resort to the activation of the single market emergency mode , where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. why this is the case should be indicated in each such act , and in relation to all particular aspects of a crisis.


### (30) where there is a severe shortage of crisis-relevant products or services on the single market during a single market emergency , and it is clear that the economic operators that operate on the single market do not produce any such goods , but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed , the commission should be able to recommend to the member states as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis-relevant services. in doing so the commission would inform the member states as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the eu acquis for such purposes. ### (30) where there is a severe shortage of crisis-relevant products or services on the single market during a single market emergency , and it is clear that the economic operators that operate on the single market do not produce any such goods , but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed , the commission should be able to recommend to the member states to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis-relevant services. in doing so the commission would inform the member states as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the eu acquis for such purposes. if any ramping up or repurposing of production capacity of manufacturers have an impact on workers in a company or sector , whether on working conditions or pay conditions , trade unions should be able to participate fully in the process , in addition to being informed and consulted before and during the implementation phase.


### (30) where there is a severe shortage of crisis-relevant products or services on the single market during a single market emergency , and it is clear that the economic operators that operate on the single market do not produce any such goods , but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed , the commission should be able to recommend to the member states as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis-relevant services. in doing so the commission would inform the member states as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the eu acquis for such purposes. ### (30) where there is a severe shortage of crisis-relevant products or services on the single market during a single market emergency , and it is clear that the economic operators that operate on the single market do not produce any such goods , but would in principle be able to repurpose their production lines or would have insufficient capacity to provide the goods or services needed , the commission should be able to recommend to the member states as a last resort to take measures to facilitate or request the ramping up or repurposing of production capacity of manufacturers or the capacity of the service providers to provide crisis-relevant services. in doing so the commission would inform the member states as to the severity of the shortage and the type of the crisis-relevant goods or services that are needed and would provide support and advice in relation to the flexibilities in the eu acquis for such purposes. . if any ramping up or repurposing of production capacity of manufacturers have an impact on workers in a company or sector , whether on working conditions or pay conditions , trade unions should be able to participate fully in the process , in addition to being informed and consulted before and during the implementation phase.


### (32) additionally , to ensure that crisis-relevant goods are available during the single market emergency , the commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant , or the orders of such final goods themselves. should an economic operator refuse to accept and prioritise such orders , following objective evidence that the availability of crisis-relevant goods is indispensable , the commission may decide to invite the economic operators concerned to accept and prioritise certain orders , the fulfilment of which will then take precedence over any other private or public law obligations. in the event of failure to accept , the operator in question should explain its legitimate reasons for declining the request. the commission may make such reasoned explanation or parts of it public , with due regard to business confidentiality. ### (32) additionally , to ensure that crisis-relevant goods are available during the single market emergency , the commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant , or the orders of such final goods themselves. should an economic operator refuse to accept and prioritise such orders , following objective evidence that the availability of crisis-relevant goods is indispensable , the commission may decide to invite the economic operators concerned to accept and prioritise certain orders , the fulfilment of which will then take precedence over any other private or public law obligations. in the event of failure to accept , the operator in question should explain its legitimate reasons for declining the request. the commission may make such reasoned explanation or parts of it public , with due regard to business confidentiality. when there are consequences for workers , both in terms of working conditions and increases and decreases in activity , trade unions of the companies and sector concerned should be able to participate fully in the process , in addition to being informed and consulted before the decision to redirect production is taken and throughout the implementation phase. workers who at the end of this process would change job position should be consulted , supported and trained and be entitled to compensation , including financial ones. workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities.


### (35) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the possibility to adopt supportive measures for facilitating free movement of persons , for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the member states should maintain , so that the objectives of the initiative are achieved. furthermore , implementing powers should be conferred on the commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. moreover , implementing powers should be conferred on the commission as regards activation of specific emergency response measures at the time of a single market emergency , to allow for a rapid and coordinated response. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council. ### (35) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the possibility to adopt supportive measures for facilitating free movement of persons and the protection of workers exercising this right , for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the member states should maintain , so that the objectives of the initiative are achieved. furthermore , implementing powers should be conferred on the commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. moreover , implementing powers should be conferred on the commission as regards activation of specific emergency response measures at the time of a single market emergency , to allow for a rapid and coordinated response. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council.