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


### where applicable , it shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration . ### it shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration .


### where applicable , the conditions of use and specific labelling requirements , which do not mislead the consumer . ### the conditions of use and specific labelling requirements , which do not mislead the consumer .


### this regulation lays down rules for the placing of novel foods on the market within the union in order to ensure the effective functioning of the internal market while providing a high level of protection of human health and consumer interests . ### this regulation lays down rules for the placing of novel foods on the market within the union in order to ensure the effective functioning of the internal market while providing a high level of protection of human health and consumer interests and prohibiting the placing on the market of foods in which nanomaterials are used .


### the commission may , for food safety reasons and taking into account the opinion of efsa , impose a requirement for post - market monitoring of a novel food to ensure that the use of the authorised novel food is within safe limits . ### the commission shall , for food safety reasons and in line with the precautionary principle impose a requirement for post - market monitoring&#160 ; for all novel food , taking into account the opinion of efsa for establishing the necessary period , in order&#160 ; to ensure that the use of the authorised novel food is within safe limits .


### when there is a significant change in the production process of a substance that has been used in accordance with directive 2002 / 46 / ec , regulation no 1925 / 2006 or regulation no 609 / 2013 , or a change in particle size of such a substance , for example through nanotechnology , it may have an impact on food and thereby on food safety . therefore , that substance should be considered a novel food under this regulation and should be re - evaluated first in accordance with this regulation and subsequently in accordance with the relevant specific legislation . ### when there is a significant change in the production process of a substance that has been used in accordance with directive 2002 / 46 / ec , regulation no 1925 / 2006 or regulation no 609 / 2013 , it has an impact on food and thereby on food safety , consumer health and the environment . therefore , that substance should be considered a novel food under this regulation and should be re - evaluated first in accordance with this regulation and subsequently in accordance with the relevant specific legislation . where there is a change in the particle size of such a substance , for example through the use of nanotechnology , the substance shall be prohibited .


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


### third countries which are members of the european economic area may participate in union programmes in the framework of the cooperation established under the eea agreement , which provides for the implementation of the programmes by a decision under that agreement . third countries may also participate on the basis of other legal instruments . a specific provision should be introduced in this regulation to grant the necessary rights for and access to the authorizing officer responsible , the european anti - fraud office as well as the european court of auditors to comprehensively exert their respective competences . ### subject to complying with all its rules and regulations , third countries which are members of the european economic area may participate in union programmes in the framework of the cooperation established under the eea agreement , which provides for the implementation of the programmes by a decision under that agreement . third countries may also participate on the basis of other legal instruments . a specific provision should be introduced in this regulation to grant the necessary rights for and access to the authorizing officer responsible , the european anti - fraud office as well as the european court of auditors to comprehensively exert their respective competences .


### member states shall be able to provide that the costs relating to provisional legal aid can be recovered from suspects or accused persons and requested persons who do not meet the eligibility criteria for legal aid as applicable under national law . ### member states may provide that the costs relating to provisional legal aid can be partially or entirely recovered from suspects or accused persons and requested persons who do not meet the eligibility criteria for ordinary legal aid as applicable under national law , and who knowingly provided the competent authorities with false information on their personal financial situation .


### provisional legal aid shall be ensured until the final decision on legal aid has been taken and comes into effect , or , where the suspects or accused persons are granted legal aid , the appointment of the lawyer has taken effect . ### provisional legal aid shall be ensured until the final decision on legal aid has been taken and comes into effect , and where legal aid has been granted , the appointment of the lawyer has taken effect , or where legal aid has been denied , the decision has become final and the suspect or accused person and requested person has had a reasonable opportunity to find a lawyer of his / her choice .


### provisional legal aid shall be granted without undue delay after deprivation of liberty and in any event before questioning . ### provisional legal aid shall be granted without undue delay and in any event before questioning .


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


### member states shall by [ 36 months after publication of this directive ] and every two years thereafter , send the commission such data . ### member states shall by . . . * and every three years thereafter , send to the commission relevant data showing how the right to access to provisional and ordinary legal aid has been implemented . ______________ * oj : please insert date : two years after publication of this directive .


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


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


### member states shall ensure that the following persons , if they so wish , have the right to provisional legal aid : suspects or accused persons in criminal proceedings , who are deprived of liberty ; requested persons deprived of liberty in the executing member state . ### member states shall ensure that the following persons , if they so wish , have the right to provisional legal aid : suspects or accused persons in criminal proceedings , who have the right of access to a lawyer pursuant to directive 2013 / 48 / eu ; requested persons in the executing member state , who have the right of access to a lawyer pursuant to directive 2013 / 48 / eu .


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


### to ensure that requested persons can effectively exercise their right to appoint a lawyer in the issuing member state to assist the lawyer in the executing member state , in accordance with directive 2013 / 48 / eu , the issuing member state should ensure that requested persons have access to legal aid for the purpose of the european arrest warrant proceedings in the executing member state . this right may be subject to an assessment of the means of the requested person and / or whether it is in the interests of justice to provide legal aid , according to the applicable eligibility criteria in the issuing member state in question . ### whenever applicable , and in accordance with directive 2013 / 48 / eu , the right to ordinary legal aid to be provided by the executing state should include the coverage of costs relating to the right of requested persons to appoint a lawyer in the issuing member state to assist the lawyer in the executing member state . this right may be subject to an assessment of the means of the requested person and / or whether it is in the interests of justice to provide legal aid , according to the applicable eligibility criteria in the issuing member state in question .


### the right to legal aid referred to in paragraphs 1 and 2 may be subject to an assessment of the means of the requested person and / or whether it is in the interests of justice to provide legal aid , according to the applicable eligibility criteria in the member state in question . ### the assessment of the application for legal aid submitted by the requested person shall be based on the eligibility criteria as are laid down in article 4a .


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


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


### the member states should collect data showing how the right to legal aid for suspects or accused persons and requested persons have been accessed . member states should also collect data on the number of cases where provisional legal aid was provided for suspects or accused persons deprived of liberty , as well as for requested persons , and the number of cases where this right was not exercised . such data should include the number of requests for legal aid in european arrest warrant proceedings when the member state acts as issuing and executing state , as well as the number of cases where these requests were granted . data on the costs for providing provisional legal aid for persons deprived of liberty and for requested persons should also be collected . ### the member states should collect relevant data showing how the right to legal aid for suspects or accused persons and requested persons has been exercised .


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


### member states should be able to provide that the costs relating to provisional legal aid for suspects or accused persons deprived of liberty and costs relating to provisional legal aid for requested persons can be recovered from those persons if , in the subsequent assessment of whether they have a right to legal aid , they are found to not meet the criteria to benefit from legal aid under national law . ### member states should be able to provide that the costs relating to provisional legal aid for suspects or accused persons and costs relating to provisional legal aid for requested persons may be recovered from those persons if , in the subsequent assessment by the competent authority of whether they have a right to ordinary legal aid , they are found to not meet the criteria to benefit from ordinary legal aid under national law .


### the executing member state shall ensure that requested persons have the right to legal aid upon arrest pursuant to a european arrest warrant until they are surrendered , or , in cases of non - surrender , until the decision on surrender has become final . ### the executing member state shall ensure that requested persons have the right to provisional and ordinary legal aid upon arrest pursuant to a european arrest warrant until they are surrendered , or , in cases of non - surrender , until the decision on surrender has become final .


### the administrative director may be removed from the office only upon a decision of the college acting on a proposal from the commission . ### the administrative director may be removed from the office only upon a decision of the college .


### eurojust should be able to exchange personal data with other union bodies to the extent necessary for the accomplishment of its tasks . ### eurojust should be able to exchange personal data with other union bodies to the extent necessary for the accomplishment of its tasks with full respect for the protection of privacy and fundamental rights and freedoms .


### partially register the initiative if a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties ; ### partially register the initiative if part of the initiative does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties ;


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


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


### the initiative is not manifestly contrary to the values of the union as set out in article 2 of the treaty on european union . ### the initiative is not contrary to the principles of the union as set out in articles 2 and 6 teu and in the charter of fundamental rights .


### tthe commission and the european parliament shall co - organize the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organise the public hearing at its premises . representatives of the commission and the council , the european economic social committee and the committee of the regions , as well as other institutions and advisory bodies of the union , representatives of civil society , social partners , and other interested stakeholders , including national parliaments , shall be given the opportunity to participate in the hearing . the hearing shall be web - streamed and publically available on the eci website thereafter . following the hearing , the european parliament shall hold a plenary debate on the initiative and decide whether to adopt a motion for a resolution . within 12 months of the issuance of the commission communication pursuant to article 15 , the eci organisers shall be entitled to request a second public hearing at the european parliament . the european parliament shall organise the second public hearing within three months of the submission of the request .


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


### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the european citizens’ initiative . ### the commission shall make available an online collaborative platform , which will provide a dedicated discussion forum and information and advice about the european citizens’ initiative . independent organisations and external experts with proven experience in the organisation of european citizens’ initiatives shall manage and update the platform in order to provide on a daily basis their valuable contribution to the discussion forum . the discussion forum shall disseminate information about organisations that are able to provide further technical and legal support and about sources of financial support for organising an eci provided for by the union budget , as well as about other forms of support available in the member states . the commission should be fully involved in the collaborative platform in order to convey its opinion on specific cases .


### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a substantial part of the initiative , including its main objectives , does not manifestly fall outside the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative . ### in order to make the european citizens’ initiative more accessible , and taking into account that the procedures and conditions required for the european citizens’ initiative should be clear , simple , user - friendly and proportionate , it is appropriate to partially register an initiative in cases where only part or parts of the initiative meet the requirements for registration under this regulation . initiatives should be partially registered where a part of the initiative , including its main objectives , targets an issue which falls in the framework of the commission’s powers to submit a proposal for a legal act of the union for the purpose of implementing the treaties and all the other registration requirements are met . clarity and transparency should be ensured as regards the scope of the partial registration and potential signatories should be informed of the scope of the registration and of the fact that statements of support are collected only in relation to the scope of the registration of the initiative .


### where the group of organisers wishes to terminate the collection of statements of support before the end of 12 months after the beginning of the collection period , it shall inform the commission of the date at which the collection period is to end . ### where , during the collection period , the group of organisers wishes to terminate the collection of statements of support before the end of a period of 16 months , it shall inform the commission of that intention at least 10 days before the date at which the collection period is to end .


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


### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . ### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated and detailed information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . those groups of organisers should report every trimester on all their sources of funding and the commission should make those sources clearly apparent on the register . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . in order to enhance the transparency of financing of eci activities and the visibility of the eci as a tool for the engagement of citizens , this regulation should be endowed with its own financial programme . such a financial programme should contribute to the funding of the entities and organisations promoting the eci and / or provide free technical or legal support to ecis’ organisers . it should also fund eligible expenditure directly incurred in relation to the organisation of ecis .


### the commission may carry out its own verification of the quality of the data reported pursuant to articles 4 and 5 . ### the commission shall carry out its own verification of the quality of the data reported pursuant to articles 4 and 5 .


### audiovisual media services and the related consumer equipment with advanced computing capability ### audiovisual media services and related consumer equipment


### audiovisual media services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in section iv of annex i . ### audiovisual media services and the related consumer equipment shall comply with the requirements set out in section iv of annex i .


### the activities developed under the programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . the gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle . ### the activities developed under the programme should aim at eliminating gender inequalities and promoting equality between genders in research and innovation , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . the gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle .


### make use of all relevant sources of information , including its information analysis on the situation of asylum and other information gathered from governmental , non - governmental and international organisations , including through the networks referred to in article 9 , as well as union institutions , agencies , bodies , offices and the european external action service ; ### make use of all relevant sources of information , including its information analysis on the situation of asylum and other information gathered from governmental , non - governmental and international organisations , including through the networks referred to in article 9 , fact - finding missions to countries of origin , as well as union institutions , agencies , bodies , offices and the european external action service ;


### the agency shall organise and coordinate , for a limited period of time , one or more of following operational and technical measures : ### the agency shall organise and coordinate one or more of following operational and technical measures :


### the agency shall cooperate with international organisations , in particular unhcr , in areas governed by this regulation , within the framework of working arrangements concluded with those bodies , in accordance with the treaty and the provisions on the competence of those bodies . the management board shall decide on the working arrangements which shall be subject to prior approval of the commission . ### the agency shall cooperate with un entities and international organisations , in particular the unhcr and the ohchr , in areas governed by this regulation , within the framework of working arrangements concluded with those bodies , in accordance with the treaty and the provisions on the competence of those bodies . the management board shall decide on the working arrangements which shall be subject to prior approval of the commission .


### to facilitate and improve the proper functioning of the ceas and to assist member states in implementing their obligations within the framework of ceas , the european union agency for asylum should provide member states with operational and technical assistance , in particular when their asylum and receptions systems are subject to disproportionate pressure . the agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the agency ' s own staff , experts from member states or experts seconded by member states to the agency , and based on an operational plan . those teams should support member states with operational and technical measures , including by providing expertise relating to identification and registration of third countries nationals , interpreting services , information on countries of origin and knowledge of the handling and management of asylum cases , as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocation . the arrangements for the asylum support teams should be governed by this regulation in order to ensure their effective deployment . ### to facilitate and improve the proper functioning of the ceas and to assist member states in implementing their obligations within the framework of ceas , the european union agency for asylum should provide member states with operational and technical assistance , in particular when their asylum and receptions systems are subject to disproportionate pressure . the agency should provide the necessary operational and technical assistance through the deployment of asylum support teams consisting of experts from the agency ' s own staff , experts from member states or experts seconded by member states to the agency , and based on an operational plan . those teams should support member states with operational and technical measures , including by providing expertise relating to identification and registration of third countries nationals , interpreting services , information on countries of origin and knowledge of the handling and management of asylum cases , as well as by assisting national authorities competent for the examination of applications for international protection and by assisting with relocation . experts deployed in asylum support teams must have been trained in the easo training curriculum prior to assuming their functions . easo staff to be deployed in order to assist in the examination of the asylum applications must have had relevant experience as caseworkers in rsd procedures . the arrangements for the asylum support teams should be governed by this regulation in order to ensure their effective deployment .


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


### member states shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . the duration of deployment shall be determined by the home member state but it shall not be less than 60 days .


### the agency shall ensure the rapid exchange of relevant information amongst member states and with the commission . it shall also submit , in a timely and accurate manner , the results of its analysis to the management board . ### the agency shall ensure the rapid exchange of relevant information amongst member states and with the commission . it shall also submit , in a timely and accurate manner , the results of its analysis to the management board and the european parliament .


### the agency shall base its analysis on information provided , in particular , by member states , relevant union institutions and agencies , the european external action service as well as unhcr and other international organisations . ### the agency shall base its analysis on information provided , in particular , by member states , relevant union institutions and agencies , the european external action service as well as unhcr and other expert national and international non - governmental organisations in the field of asylum ; .


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


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


### to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , the agency should organise and coordinate activities promoting union law . for that purpose , the agency should assist member states by developing operational standards and indicators for monitoring compliance with those standards . the agency should also develop guidelines on asylum - related matters and should enable the exchange of best practices among member states . ### to ensure a high degree of uniformity as regards asylum procedures , reception conditions and the assessment of protection needs across the union , the agency should organise and coordinate activities promoting union law . for that purpose , the agency should assist member states by developing operational standards and indicators for monitoring compliance with those standards . the agency should also develop guidelines on asylum - related matters and should enable the exchange of best practices among member states , in collaboration with the fundamental rights agency , the unhcr and the consultative forum


### assist with the relocation or transfer of beneficiaries of international protection within the union ; ### assist with the relocation or transfer of beneficiaries of international protection within the union taking into account fair objective criteria , such as family and cultural ties , and as far as possible on asylum seekers own preferences ;


### the executive director shall , after consulting the commission , submit that common analysis to the management board for endorsement . member states shall be required to take that common analysis into account when examining applications for international protection , without prejudice to their competence for deciding on individual applications . ### the executive director shall , after consulting the consultative forum , submit that common analysis to the management board for endorsement . member states shall be required to take that common analysis into account when examining applications for international protection , without prejudice to their competence for deciding on individual applications .


### the european union agency for asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the european union . it is necessary for the agency to gather information and draw up reports providing for country of origin information by making use of european networks on country of origin information so as to avoid duplication and create synergies with national reports . furthermore , to ensure convergence in the assessment of applications for international protection and the nature and quality of protection granted , the agency should , together with member states , engage in and develop a common analysis providing guidance on the situation in specific countries of origin . ### the european union agency for asylum should ensure a more structured and streamlined production of information on countries of origin at the level of the european union . it is necessary for the agency to gather information and draw up reports providing for country of origin information by making use of european networks on country of origin information so as to avoid duplication and create synergies with national reports . furthermore , to ensure convergence and high standards in the assessment of applications for international protection and the nature and quality of protection granted , the agency should , together with member states , engage in and develop a common analysis providing guidance on the situation in specific countries of origin . such common analysis should be developed taking fully into account the most recent , fact - finding missions reports , relevant unhcr information , country / situation specific position papers and eligibility guidelines relating to the specific country of origin concerned . where there is a conflict between the common analysis and unhcr guidance , the latter should be carefully taken into account by member states when examining individual applications for international protection in accordance with the supervisory responsibility of the unhcr as set out in paragraph 8 of the statute of the office of the high commissioner for refugees , read in conjunction with article 35 of the 1951 convention relating to the status of refugees and article ii of the 1967 protocol relating to the status of refugees .


### for that purpose , member states shall , at the request of the agency , provide it with the necessary information as regards asylum procedures , equipment , infrastructure , reception conditions , recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system . the member states shall also cooperate with the agency and shall facilitate any on - site visit that the agency shall carry out for the purposes of the monitoring exercise . ### for that purpose , member states shall , at the request of the agency , provide it with the necessary information as regards asylum procedures , equipment , infrastructure , reception conditions , recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system . the member states shall also cooperate closely with the agency and shall facilitate any on - site visit that the agency shall carry out for the purposes of the monitoring exercise .


### the agency may , in particular , base its assessment on information provided by member states , information analysis on the situation of asylum developed by the agency , on - site visits and case sampling . ### the agency may , in particular , base its assessment on information provided by member states , information analysis on the situation of asylum developed by the agency , regular on - site visits and case sampling , as well as , assessments provided by unhcr , academic institutions and expert national and international non - governmental organisations in the field of asylum ;


### the end - user has given his or her consent ; or ### all end - users have given their consent ; or


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


### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . communications software should be set by default to the most privacy - friendly option . the choices made by all end - users when establishing their general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are one way of accessing and sending information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have similar capabilities .


### information and options for privacy settings to be provided ### privacy by design and by default


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


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to point of article 6 , points and of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications data or make that data anonymous when it is no longer strictly necessary for the exchange of the communications .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . where a type of processing of electronic communications data for these purposes is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 .


### providers of electronic communications services shall establish internal procedures for responding to requests for access to end - users’ electronic communications data based on a legislative measure adopted pursuant to paragraph 1 . they shall provide the competent supervisory authority , on demand , with information about those procedures , the number of requests received , the legal justification invoked and their response . ### providers of electronic communications services shall establish internal procedures for responding to requests for access to end - users’ electronic communications data based on a legislative measure adopted pursuant to paragraph 1 . they shall keep detailed and secure records , in relation to all requests received , of : – the in - house staff members who handled requests , – the identity of the official or body asking for the information , – the purpose for which the information was sought , – the date and time of the request , – the formal basis and authority for the request , including the identity and status or function of the official who authorized the making of the request and whether this was a judicial or prosecution or state security official , – the number of subscribers to whose data the request related , – the precise data provided to the requesting official or body , – the period covered by the data , and any other information as may be set out in further guidance to be issues by the european data protection board . the providers shall provide the competent authority with regular overall information , at least on an annual basis , on all the requests in a specified period , with such statistical breakdowns as the authority may request . the competent authority shall release a meaningful summary of the regular overall information which , one the one hand , shall allow data subjects and the general public meaningful insight into the scope and nature of the use of the powers of access by the relevant authorities , while at the same time protecting confidential information to the extent that that is strictly necessary to safeguard the matters listed in paragraph 1 .


### electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged and the information concerning an end - user of electronic communications services processed for the purposes of transmitting , distributing or enabling the exchange of electronic communications content ; including data to trace and identify the source and destination of a communication , geographical location and the date , time , duration and the type of communication . whether such signals and the related data are conveyed by wire , radio , optical or electromagnetic means , including satellite networks , cable networks , fixed and mobile terrestrial networks , electricity cable systems , the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this regulation . electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting , distributing or exchanging electronic communications content . ### electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged and the information concerning an end - user of electronic communications services processed for the purposes of transmitting , distributing or enabling the exchange of electronic communications content ; including data to trace and identify the source and destination of a communication , geographical location and the date , time , duration and the type of communication . it should also include location data , such as for example the actual or inferred location of the terminal equipment , the location of the terminal equipment from or to which a phone call or an internet connection has been made , or the wi - fi hotspot that a device is connected to , as well as data necessary to identify the terminal equipment of end - users . whether such signals and the related data are conveyed by wire , radio , optical or electromagnetic means , including satellite networks , cable networks , fixed and mobile terrestrial networks , electricity cable systems , the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this regulation . electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting , distributing or exchanging electronic communications content .


### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or ### it is strictly necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive unlawful use of , or subscription to , electronic communications services ; or


### software placed on the market permitting electronic communications , including the retrieval and presentation of information on the internet , shall offer the option to prevent third parties from storing information on the terminal equipment of an end - user or processing information already stored on that equipment . ### the settings of all the components of the terminal equipment placed on the market , including both software and hardware , shall be configured by default to prevent third parties from storing information , processing information already stored in the terminal equipment and preventing the use by third parties of the equipment ' s processing capabilities .


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications data or make that data anonymous when it is no longer strictly necessary for the exchange of the communications .


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


### in the case of a particular risk that may compromise the security of networks and electronic communications services , the provider of an electronic communications service shall inform end - users concerning such risk and , where the risk lies outside the scope of the measures to be taken by the service provider , inform end - users of any possible remedies , including an indication of the likely costs involved . ### in the case of a particular risk that may compromise the security of the terminal equipment , networks and electronic communications services , the provider of an electronic communications service , the software provider and the terminal equipment vendor shall inform all end - users concerning such risk and , where the risk lies outside the scope of the measures to be taken by the service provider , inform end - users of any possible remedies , including an indication of the likely costs involved .


### it is necessary for providing an information society service requested by the end - user ; or ### it is strictly necessary for providing an information society service requested by the end - user ; or


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ‘ direct marketing communications’ means any form of advertising or similar promotion , sent , directed or presented to one or more identified or identifiable end - users over an of electronic communications network , including the use of automated calling and communication systems with or without human interaction , targeted advertising on social media platforms , electronic mail , facsimile , sms , etc . ;


### the representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation . ### the representative shall be authorised by the provider to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , courts and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation and shall be provided with any relevant information to that end by the provider , to the extent that the provider does not answer the questions or provide the information directly .


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ‘ direct marketing communications’ means any form of advertising or similar promotion sent , directed or presented to one or more identified or identifiable end - users over an electronic communications network , including the use of automated calling and communication systems with or without human interaction , targeted advertising on social media platforms , electronic mail , facsimile , sms , etc . ;


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


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


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


### where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point of article 6 , the relevant metadata may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law . ### where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point of article 6 , the data which is strictly necessary may be kept until the end of the period during which a bill may lawfully be challenged or a payment may be pursued in accordance with national law .


### if all end - users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority . ### in cases covered by point a of article 6 , the provider shall consult the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority .


### end - users who have consented to the processing of electronic communications data as set out in point of article 6 and points and of article 6 shall be given the possibility to withdraw their consent at any time as set forth under article 7 of regulation 2016 / 679 and be reminded of this possibility at periodic intervals of 6 months , as long as the processing continues . ### in order to lower the burden on end - users , requests for consent as well as consent withdrawals shall where possible conform to technical standards applicable to such request or withdrawals and be machine - readable , in order to allow for end - users to benefit from privacy enhancing technologies .


### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or ### it is strictly necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , unlawful use of , or subscription to , electronic communications services ; or


### it is necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or ### it is strictly necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party trackers’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . for web browsers and any other software enabling access to the internet or internet - based services to be able to obtain the consent of end - users as defined under regulation 2016 / 679 , for example , to the storage of third party tracking , they should , among others , require a clear affirmative action from the end - user of terminal equipment to express his or her freely given , specific , informed and explicit agreement to the storage and access of ' cookies ' or any other trackers in and from the terminal equipment . to this end , it is necessary to require providers of software enabling access to the internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . that information provided to the users shall not be written in a way that seeks to dissuade end - users from selecting the most privacy - friendly settings and should include relevant information about the risks associated to allowing third party trackers to be stored on the device , including the compilation of long - term records of individuals ' browsing histories and the use of such records to send targeted advertising or sharing that information with third parties . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to white - list certain websites or to specify for which websites party trackers are always or never allowed . in case of no active choice , or action from the user , web browsers and any other software enabling access to internet - based services should be set by default to ensure the highest degree of protection for the individual , including the rejection and blocking the storage of third party ' cookies ' or other type of trackers .


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


### if it is necessary for web audience measuring , provided that such measurement is carried out by the provider of the information society service requested by the end - user . ### if it is strictly necessary for the measurement of use of the information society service requested , provided that such measurement does not entail tracking of the end - user across different information society services , the data is anonymised , and that this measurement is carried out directly under the responsibility of the provider of the information society service requested by the end - user .


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


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


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### after receiving all relevant information about the intended processing in a clear and easily understandable language , provided separately from the terms and conditions of the provider the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to all end - users , or which are provided in order to deliver a specific functionality to the end - user concerned , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### after receiving all relevant information about the intended processing in a clear and easily understandable language , provided separately from the terms and conditions of the provider , the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to all end - users , or which are provided in order to deliver a specific functionality to the end - user concerned , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous .


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including information about its software and hardware and any other electronic communications data identifying end - users , other than by the end - user concerned shall be prohibited , except on the following grounds :


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### the use by natural or legal persons of electronic communications networks for the purposes of sending , directing or presenting direct marketing communications to end - users who are natural persons may be allowed only in respect of end - users who have given their prior consent .


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


### member states shall ensure that where an investment firm benefits from extraordinary public financial support as defined to in article 2 of directive 2014 / 59 / eu , the following requirements apply : where variable remuneration would be inconsistent with the maintenance of a sound capital base of an investment firm and its timely exit from extraordinary public financial support , variable remuneration of all staff shall be limited to a portion of net revenue ; investment firms shall establish limits to the remuneration of the members of the management body of the investment firm ; the investment firm shall only pay variable remuneration to members of the management body of the investment firm where such remuneration has been approved by the competent authority . ### member states shall ensure that where an investment firm benefits from extraordinary public financial support as defined in point of article 2 of directive 2014 / 59 / eu , it does not pay any variable remuneration .


### member states shall ensure that competent authorities collect the information disclosed in accordance with points , and of article 51 of [ regulation - - - / - - - - [ ifr ] and use that information to benchmark remuneration trends and practices . competent authorities shall provide that information to eba . ### member states shall ensure that competent authorities collect the information disclosed in accordance with points , , , , and of article 51 of [ regulation - - - / - - - - [ ifr ] and use that information to benchmark remuneration trends and practices . competent authorities shall provide that information to eba and esma . eba shall publish an annual report on those trends and practices .