### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . the competent authority should only impose proactive measures that the hosting service provider can reasonably be expected to implement , taking into account , among other factors , the hosting service providers’ financial and other resources . a decision to impose such specific proactive measures should not lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could , in exceptional circumstances , derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification .


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


### a statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of terrorist content listed in article 2 ; ### a detailed statement of reasons explaining why the content is considered terrorist content , by specific reference to the categories of terrorist content listed in article 2 and substantiating the elements of unlawfulness and intentionality and the relevant national law ;


### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . however , this does not necessarily require a notification to the content provider . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider . ### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should always be given without the need for a request .


### to ensure proportionality , the period of preservation should be limited to six months to allow the content providers sufficient time to initiate the review process and to enable law enforcement access to relevant data for the investigation and prosecution of terrorist offences . however , this period may be prolonged for the period that is necessary in case the review proceedings are initiated but not finalised within the six months period upon request by the authority carrying out the review . this duration should be sufficient to allow law enforcement authorities to preserve the necessary evidence in relation to investigations , while ensuring the balance with the fundamental rights concerned . ### to ensure proportionality , the period of preservation should be limited to six months to allow the content providers sufficient time to initiate the review process . however , this period may be prolonged for the period that is necessary for the sole case that the review proceedings are initiated but not finalised within the six months period upon request by the authority carrying out the review .


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


### competent authorities in member states shall inform , coordinate and cooperate with each other and , where appropriate , with relevant union bodies such as europol with regard to removal orders and referrals to avoid duplication , enhance coordination and avoid interference with investigations in different member states . ### competent authorities in member states shall inform , coordinate and cooperate with each other and , where appropriate , with europol with regard to removal orders to avoid duplication , enhance coordination and avoid interference with investigations in different member states .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically refuses to remove illegal terrorist content without undue delay from the receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not illegal terrorist content .


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### the competent authority should enter into a dialogue with the hosting service provider about the proactive measures adopted by the hosting service provider . such dialogue should not lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . the competent authority and the hosting service provider should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the right to freedom of expression and information , the right to privacy and the freedom to conduct a business , and provide appropriate justification .


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


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


### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the right to freedom of expression and information as well as the right to privacy , which constitute one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . this regulation should not affect the applicable rules on the processing of personal data , notably regulation 2016 / 679 and directive 2016 / 680 .


### hosting service providers shall acknowledge receipt and , without undue delay , inform the competent authority about the removal of terrorist content or disabling access to it , indicating , in particular , the time of action , using the template set out in annex ii . ### hosting service providers shall , without undue delay , inform the competent authority about the disabling of access to terrorist content , indicating the time of action , using the template set out in annex ii .


### in order to ensure the effective and sufficiently coherent implementation of proactive measures , competent authorities in member states should liaise with each other with regard to the discussions they have with hosting service providers as to the identification , implementation and assessment of specific proactive measures . similarly , such cooperation is also needed in relation to the adoption of rules on penalties , as well as the implementation and the enforcement of penalties . ### competent authorities in member states should liaise with each other with a view to issuing a removal order in their respective jurisdiction . such cooperation is also needed in relation to the adoption of rules on penalties , as well as the implementation and the enforcement of penalties .


### hosting service providers shall remove terrorist content or disable access to it within one hour from receipt of the removal order . ### hosting service providers shall disable access to terrorist content without undue delay from receipt of the removal order .


### when putting in place proactive measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect terrorist content . any decision to use automated means , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . ### if they decide to put in place proactive measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is guaranteed . they should therefore perform and make public a risk assessment on the level of exposure to terrorism content that is also based on the number of removal orders and referrals received , as well as draw up a remedial action plan to tackle terrorist content proportionate to the level of risk identified . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect terrorist content . any decision to use automated means taken by the hosting service provider should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights .


### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders and referrals . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order , hosting service providers should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available . ### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled without undue delay from the receipt of a removal order , hosting service providers should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available .


### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools . ### where hosting service providers adopt a policy to limit the dissemination of terrorist content , they shall set out in their terms and conditions a meaningful explanation of the functioning of proactive measures including the use of automated tools , and a clear information on how to access complaint procedures and to seek judicial redress .


### in order to avoid duplication and possible interferences with investigations , the competent authorities should inform , coordinate and cooperate with each other and where appropriate with europol when issuing removal orders or sending referrals to hosting service providers . in implementing the provisions of this regulation , europol could provide support in line with its current mandate and existing legal framework . ### in order to avoid duplication and possible interferences with investigations , the competent authorities should inform , coordinate and cooperate with each other and where appropriate with europol when issuing removal orders to hosting service providers . in implementing the provisions of this regulation , europol could provide support in line with its current mandate and existing legal framework .


### in the absence of a general requirement for service providers to ensure a physical presence within the territory of the union , there is a need to ensure clarity under which member state ' s jurisdiction the hosting service provider offering services within the union falls . as a general rule , the hosting service provider falls under the jurisdiction of the member state in which it has its main establishment or in which it has designated a legal representative . nevertheless , where another member state issues a removal order , its authorities should be able to enforce their orders by taking coercive measures of a non - punitive nature , such as penalty payments . with regards to a hosting service provider which has no establishment in the union and does not designate a legal representative , any member state should , nevertheless , be able to issue penalties , provided that the principle of ne bis in idem is respected . ### in the absence of a general requirement for service providers to ensure a physical presence within the territory of the union , there is a need to ensure clarity under which member state ' s jurisdiction the hosting service provider offering services within the union falls . as a general rule , the hosting service provider falls under the jurisdiction of the member state in which it has its main establishment or in which it has designated a legal representative . with regards to a hosting service provider which has no establishment in the union and does not designate a legal representative , any member state should , nevertheless , be able to issue penalties , provided that the principle of ne bis in idem is respected .


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


### hosting service providers shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to articles 4 and 5 . they shall ensure that this information is made publicly available . ### hosting service providers shall establish a point of contact allowing for the receipt of removal orders by electronic means and ensure their swift processing pursuant to article 4 . they shall ensure that this information is made publicly available .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative or judicial authorities with that task , as long as they are independent and impartial public authorities . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that the access to the terrorist content identified in the removal order is disabled without undue delay .


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


### the competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it . ### the competent authority shall have the power to issue a removal order requiring the hosting service provider to remove terrorist content or disable access to it and shall immediately inform the competent authorities of any other member states whose interests it considers may be affected by the issuing of that removal order .


### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise and recruit and to facilitate and direct terrorist activity . ### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to recruit and to facilitate and direct terrorist activity .


### where hosting service providers use automated tools pursuant to this regulation in respect of content that they store , they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content , in particular decisions to remove or disable content considered to be terrorist content , are accurate and well - founded . ### where hosting service providers use automated tools in respect of content that they store , they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content , in particular decisions to remove or disable content considered to be terrorist content , are accurate and well - founded , in particular taking into account the relevant context .


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


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


### member states shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders and referrals issued by them . information about the contact point shall be made publicly available . ### member states shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders issued by them . information about the contact point shall be made publicly available .


### hosting service providers shall acknowledge receipt and , without undue delay , inform the competent authority about the removal of terrorist content or disabling access to it , indicating , in particular , the time of action , using the template set out in annex ii . ### hosting service providers shall , without undue delay , inform the competent authority about the disabling of access to terrorist content , indicating the time of action , using the template set out in annex ii .


### competent authorities in member states shall inform , coordinate and cooperate with each other and , where appropriate , with relevant union bodies such as europol with regard to removal orders and referrals to avoid duplication , enhance coordination and avoid interference with investigations in different member states . ### competent authorities in member states shall inform , coordinate and cooperate with each other and , where appropriate , with relevant union bodies such as europol with regard to removal orders to avoid duplication , enhance coordination and avoid interference with investigations in different member states .


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### the competent authority should enter into a dialogue with the hosting service provider about the proactive measures adopted by the hosting service provider . such dialogue should not lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . the competent authority and the hosting service provider should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the right to freedom of expression and information , the right to privacy and the freedom to conduct a business , and provide appropriate justification .


### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . however , this does not necessarily require a notification to the content provider . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given upon request . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered inappropriate or counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider . ### effective legal protection according to article 19 teu and article 47 of the charter of fundamental rights of the european union requires that persons are able to ascertain the reasons upon which the content uploaded by them has been removed or access to it disabled . for that purpose , the hosting service provider should make available to the content provider meaningful information enabling the content provider to contest the decision . depending on the circumstances , hosting service providers may replace content which is considered terrorist content , with a message that it has been removed or disabled in accordance with this regulation . further information about the reasons as well as possibilities for the content provider to contest the decision should be given . where competent authorities decide that for reasons of public security including in the context of an investigation , it is considered counter - productive to directly notify the content provider of the removal or disabling of content , they should inform the hosting service provider .


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


### the obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure . the obligation to preserve content for investigative and prosecutorial purposes is justified and necessary in view of the value this material could bring for the purpose of disrupting or preventing terrorist activity . where companies remove material or disable access to it , in particular through their own proactive measures , and do not inform the relevant authority because they assess that it does not fall in the scope of article 13 of this regulation , law enforcement may be unaware of the existence of the content . therefore , the preservation of content for purposes of prevention , detection , investigation and prosecution of terrorist offences is also justified . for these purposes , the required preservation of data is limited to data that is likely to have a link with terrorist offences , and can therefore contribute to prosecuting terrorist offences or to preventing serious risks to public security . ### the obligation to preserve the content for proceedings of administrative or judicial review is necessary and justified in view of ensuring the effective measures of redress for the content provider whose content was removed or access to it disabled as well as for ensuring the reinstatement of that content as it was prior to its removal depending on the outcome of the review procedure .


### the hosting service provider shall entrust the legal representative with the receipt , compliance and enforcement of the removal orders , referrals , requests and decisions referred to in paragraph 1 on behalf of the hosting service provider concerned . hosting service providers shall provide their legal representative with the necessary powers and resource to cooperate with the competent authorities and comply with these decisions and orders . ### the hosting service provider shall entrust the legal representative with the receipt , compliance and enforcement of the removal orders and decisions referred to in paragraph 1 on behalf of the hosting service provider concerned . hosting service providers shall provide their legal representative with the necessary powers and resource to cooperate with the competent authorities and comply with these decisions and orders .


### a hosting service provider which does not have an establishment in the union but offers services in the union , shall designate , in writing , a legal or natural person as its legal representative in the union for the receipt of , compliance with and enforcement of removal orders , referrals , requests and decisions issued by the competent authorities on the basis of this regulation . the legal representative shall reside or be established in one of the member states where the hosting service provider offers the services . ### a hosting service provider which does not have an establishment in the union but offers services in the union , shall designate , in writing , a legal or natural person as its legal representative in the union for the receipt of , compliance with and enforcement of removal orders and decisions issued by the competent authorities on the basis of this regulation . the legal representative shall reside or be established in one of the member states where the hosting service provider offers the services .


### ' terrorist content ' means one or more of the following information : ### ' terrorist content ' means any material that manifestly incites the commission of terrorist offences as listed in article 3 of directive 2017 / 741 / eu in accordance with the definition provided for by national law , thereby causing a clear and substantial danger that such acts be committed . materials disseminated for educational , journalistic and research purposes , as well as the expression of radical , polemic or controversial views in the public debate on sensitive political questions , should not be considered as terrorist content ;


### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order , a referral or as a result of proactive measures pursuant to articles 4 , 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for : ### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order or as a result of proactive measures :


### number of pieces of terrorist content removed or to which access has been disabled , following removal orders , referrals , or proactive measures , respectively ; ### number of pieces of terrorist content removed or to which access has been disabled , following removal orders , or proactive measures , respectively ;


### the competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it . ### the competent authority shall have the power to issue an order requiring the hosting service provider to disable access to terrorist content .


### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . __________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be improved through a clear legislative framework in order to further reduce accessibility to terrorist content online and in order to put in place urgently needed safeguards to ensure the rule of law and the protection of fundamental rights . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content in line with the horizontal framework established by directive 2000 / 31 / ec and by the european council to improve the detection and removal of content that incites to terrorist acts . __________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


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


### hosting service providers shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to articles 4 and 5 . they shall ensure that this information is made publicly available . ### hosting service providers shall establish a point of contact allowing for the receipt of removal orders by electronic means and ensure their swift processing pursuant to articles 4 . they shall ensure that this information is made publicly available .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all end - users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services regardless of their place of residence within the union . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , media pluralism , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### electronic communications networks and services used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks and services to the extent that a significant number of end - users use such networks to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides and other navigation facilities for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations .


### interoperability of digital consumer equipment referred to in article 105 ### interoperability of consumer equipment referred to in article 105


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guide for end - users with disabilities and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . member states shall only impose ' must carry ' obligations on analogue television broadcast transmissions where a lack of such an obligation would cause a significant disturbance for a significant number of end - users or where there are no other transmission means for specified television broadcast channels . ' must carry ' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations ; but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . the obligations should be designed in a way which provides sufficient incentives for efficient investment in infrastructure . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration . ### member states should be able to lay down proportionate obligations on undertakings under their jurisdiction , in the interest of legitimate public policy considerations ; but such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by member states in conformity with union law and should be proportionate and transparent . ‘ must carry’ obligations may be applied to specified radio and television broadcast channels and complementary services supplied by a specified media service provider . obligations imposed by member states should be reasonable , that is they should be proportionate and transparent in the light of clearly defined general interest objectives , for instance , media pluralism and cultural diversity . member states should provide an objective justification for the ‘ must carry’ obligations that they impose in their national law so as to ensure that such obligations are transparent , proportionate and clearly defined . obligations should be subject to periodic review at least every five years in order to keep them up - to - date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved . obligations could , where appropriate , entail a provision for proportionate remuneration .


### end - users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the union for the reception of digital television . member states should be able to require minimum harmonised standards in respect of such equipment . such standards could be adapted from time to time in the light of technological and market developments . ### end - users should be able to enjoy a guarantee of interoperability in respect of all equipment sold in the union for the reception of radio and digital television . member states should be able to require minimum harmonised standards in respect of such equipment . such standards could be adapted from time to time in the light of technological and market developments .


### this directive does not affect the application to radio equipment of directive 2014 / 53 / eu , but does cover consumer equipment used for digital television . ### this directive does not affect the application to radio equipment of directive 2014 / 53 / eu , but does cover consumer equipment used for radio and digital television .


### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including disabled end - users , the elderly , and users with special social needs , have easy access to affordable high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with a disability in drawing up measures under article 114 of the tfeu . ### in line with the objectives of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities , the regulatory framework should ensure that all users , including end - users with disabilities , older people , and users with special social needs , have easy and equal access to affordable and accessible high quality services . declaration 22 annexed to the final act of amsterdam provides that the institutions of the union shall take account of the needs of persons with disabilities in drawing up measures under article 114 of the tfeu .


### the agency shall on a regular basis keep the european parliament , the council , the commission , and , where data protection issues are concerned , the european data protection supervisor informed on the developments referred to in paragraph 1 . ### the agency shall on a regular basis and at least once a year keep the european parliament , the council , the commission , and , where the processing of personal data is concerned , the european data protection supervisor , informed on the developments referred to in paragraph 1 , without prejudice to the reporting requirements in relation to the implementation of the parts of the framework programme for research and innovation which relate to large - scale it systems in the area of freedom , security and justice .


### no later than five years from the entry into force of this regulation , and every five years thereafter , the commission shall assess the agency ' s performance in relation to its objectives , mandate , tasks and locations in accordance with the commission ' s guidelines . the evaluation shall also assess the contribution of the agency to the establishment of a coordinated , cost - effective and coherent it environment at union level for the management of large scale it systems supporting the implementation of justice and home affairs policies . the evaluation shall in particular assess the possible need to modify the mandate of the agency and the financial implications of any such modification . ### no later than three years from the entry into force of this regulation , and every five years thereafter , the commission shall assess the agency ' s performance in relation to its objectives , mandate , tasks and locations in accordance with the commission ' s guidelines . the evaluation shall also assess the contribution of the agency to the establishment of a coordinated , cost - effective and coherent it environment at union level for the management of large scale it systems supporting the implementation of justice and home affairs policies . the evaluation shall in particular assess the possible need to modify the mandate of the agency and the financial implications of any such modification .


### the relevant rules should apply to business conduct by larger , that is to say non - small and medium - sized , operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium - sized suppliers . ### the relevant rules should apply to all business operators in the agri - food supply chain .


### a supplier pays for the wastage of food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier . ### a supplier pays for the wastage of food products that occurs once the product has passed into the buyer ' s ownership and that is not caused by the negligence or fault of the supplier .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products , including producer organisations and associations of producer organisations . those suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions . the review should also pay particular attention to whether protection of small and medium - sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified , ### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions .


### no sooner than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . ### no later than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . in the framework of that evaluation , the need to review this directive shall be considered , in particular as to whether or not new forms of unfair trading practice are to be included .


### a supplier pays for the promotion of food products sold by the buyer . prior to a promotion and if that promotion is initiated by the buyer , the buyer shall specify the period of the promotion and the expected quantity of the food products to be ordered ; ### a supplier pays for the promotion of products sold by the buyer . prior to a promotion and if that promotion is initiated by the buyer , the buyer shall specify the period of the promotion and the expected quantity of the products to be ordered ;


### each member state shall designate a public authority to enforce the prohibitions laid down in article 3 at national level . ### each member state shall designate an independently funded , transparent public authority to enforce the prohibitions laid down in article 3 at national level .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against unfair trading practices should be introduced to reduce the occurrence of such practices , to contribute to ensuring a fair standard of living for agricultural producers inside and outside the union , to prevent unsafe and unsustainable practices , precarious working conditions , and to reduce food safety risks and food waste along the food supply chain . it should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products , including producer organisations and associations of producer organisations , without raising their administrative burden . micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers inside and outside the union should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers .


### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by producer organisations or associations of such organisations or organisations with knowledge of trading practices in supply chains can serve to protect the identity of individual members of the organisation who are suppliers and consider themselves exposed to reprisals if they complain of unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant .


### to inform buyers and suppliers about its activities , by way of annual reports , which shall inter alia describe the number of complaints received and the investigations initiated and closed by it . for each investigation , the report shall contain a summary description of the matter and the outcome of the investigation . ### to inform buyers and suppliers about its activities , by way of annual reports , which shall inter alia describe the number of complaints received , the investigations initiated and closed by it and a list of the enterprises who have had findings made against them . for each investigation , the report shall contain a summary description of the matter and the outcome of the investigation .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier to a buyer .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products , as well as to the services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by producer organisations , associations of such organisations or farmers ' organisations and can serve to protect the identity of individual members of the organisation who are suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant .


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the role of research and innovation in achieving growth , sustainable development and in developing , supporting and implementing union policies , objectives and commitments , and support equitable access to and the uptake of innovative solutions in industry and society to address global challenges and improve people ' s well - being ;


### –identification of measurable expected outcomes , deliverables and impacts within specific timeframes , including key economic value for europe ; ### –identification of measurable expected outcomes , deliverables and impacts within specific timeframes , including key societal impact and economic value for europe ;


### eur 10 000 000 000 for cluster ' food and natural resources ' ; ### eur 16 000 000 000 for cluster ' food and natural resources from land and sea ' ;


### cluster ' food and natural resources ' ; ### cluster ' food , natural resources , seas and oceans ' ;


### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up , an sme or as a mid - cap , established in a member state or associated country . the proposal may be submitted by the beneficiary , or by one or more natural persons or legal entities intending to establish or support that beneficiary . ### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up , an sme or as a mid - cap , established in a member state or efta country .


### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up , an sme or as a mid - cap , established in a member state or associated country . the proposal may be submitted by the beneficiary , or by one or more natural persons or legal entities intending to establish or support that beneficiary . ### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up or as an sme , established in a member state or associated country . the proposal shall be submitted by the beneficiary , or by one or more natural persons or legal entities intending to establish that beneficiary .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures .


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in constant prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; disaster - resilient societies ; protection and security ; cybersecurity ### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; disaster - resilient societies ; protection and human security ; conflict prevention and peacebuilding , cybersecurity


### entities established in a non - associated third country should in principle bear the cost of their participation . however , for low to middle income countries and exceptionally for other non - associated third countries they could be eligible for funding in an action if : ### with the exception of low and lower middle income countries , entities established in a non - associated third country should bear the cost of their participation . a list of low to lower - middle income countries shall be annexed to every work programme adopted by the commission . exceptionally for other non - associated third countries they could be eligible for funding in an action if :


### impact ; ### societal , scientific and / or economic impact ;


### in addition to the criteria set out in article 197 of the financial regulation , for beneficiaries with project - based remuneration , costs of personnel are eligible up to the remuneration that the person is paid for work in similar projects funded by national schemes . ### by derogation from the criteria set out in article 197 of the financial regulation , for beneficiaries with project - based remuneration , costs of personnel are eligible based on unique remuneration calculated at the european union level for researchers participating in the programme , in accordance with the principle ”equal pay for equal work” .


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in 2018 prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities . ### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities as well as international commitments , especially the sdgs , and the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities . european research priorities should therefore provide specific alignment with sdgs in terms of establishing targets and measuring the impact of the programme .


### ' open access ' means the practice of providing online access to research outputs resulting from actions funded under the programme , in particular scientific publications and research data , free of charge to the end - user ; ### ' open access ' means the practice of providing online access to research outputs and research data resulting from actions funded under the programme , in particular scientific publications and research data , free of charge to the end - user ;


### the programme should seek synergies with other union programmes , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules ### the programme should seek synergies with other union programmes , contributing to policy coherence for development in accordance with article 208 of the treaty on the functioning of the european union , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules .