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


### if a recipient of long - term care benefits in cash , which have to be treated as sickness benefits and are therefore provided by the member state competent for cash benefits under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ### in article 34 , paragraph 1 is replaced by the following : “1 . if a recipient of long - term care benefits in cash , provided by the member state competent for cash benefits under articles 21 or 29 , is , at the same time and under this chapter , entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another member state , and an institution in the first member state is also required to reimburse the cost of these benefits in kind under article 35 , the general provision on prevention of overlapping of benefits laid down in article 10 shall be applicable , with the following restriction only : if the person concerned claims and receives the benefit in kind , the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first member state required to reimburse the cost . ”


### article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of health and the probable course of illness of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . ### article 26 is replaced by the following : ' article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment or long - term care ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment or long - term care can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of need of long - term care and the probable course of need of long - term care of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or , in the case of the need for long - term care , by a doctor or another expert of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate or appropriate taking into account the current state of need for long - term care to supplement the treatment or long - term care covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment or long - term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment or long - term care in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment or long - term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long - term care had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment or long - term care 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long - term care of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment or long - term care in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . '


### a frontier worker who has retired because of old - age or invalidity is entitled in the event of sickness to continue to receive benefits in kind in the member state where he / she last pursued his / her activity as an employed or self - employed person , in so far as this is a continuation of treatment which began in that member state . ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . ### in article 28 , the first subparagraph is replaced by the following : “1 . a frontier worker who has retired because of old - age or invalidity is entitled in the event of sickness or the need for long - term care to continue to receive benefits in kind in the member state where he / she last pursued his / her activity as an employed or self - employed person , in so far as this is a continuation of treatment or long - term care which began in that member state . ‘ continuation of treatment’ means the continued investigation , diagnosis and treatment of an illness for its entire duration ; ' continuation of long - term care ' means the continued granting of long - term care benefits in kind due to the need of care which was established already before retirement and which continues beyond that date . ”


### article 25 pensions under the legislation of one or more member states other than the member state of residence , where there is a right to benefits in kind in the latter member state where the person receiving a pension or pensions under the legislation of one or more member states resides in a member state under whose legislation the right to receive benefits in kind is not subject to conditions of insurance , or of activity as an employed or self - employed person , and no pension is received from that member state , the cost of benefits in kind provided to him / her and to members of his / her family shall be borne by the institution of one of the member states competent in respect of his / her pensions determined in accordance with article 24 , to the extent that the pensioner and the members of his / her family would be entitled to such benefits if they resided in that member state . ### article 25 is replaced by the following : “article 25 pensions under the legislation of one or more member states other than the member state of residence , where there is a right to benefits in kind in the latter member state where the person receiving a pension or pensions under the legislation of one or more member states resides in a member state under whose legislation the right to receive benefits in kind is not subject to conditions of insurance , or of activity as an employed or self - employed person , and no pension is received from that member state , the cost of benefits in kind provided to him / her and to members of his / her family shall be borne by the institution of one of the member states competent in respect of his / her pensions determined in accordance with article 24 , to the extent that the pensioner and the members of his / her family would be entitled to benefits if they resided in that member state . ”


### to ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more member states in order to provide a greater parity with the conditions that apply to persons who are posted or sent to pursue economic activity in a single member state . moreover , the posting rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the member state of origin . ### to ensure the effective and efficient operation of the coordination rules it is necessary to clarify the rules for determining applicable legislation for employees who pursue their economic activity in two or more member states in order to provide a greater parity with the conditions that apply to persons who are sent to pursue economic activity in a single member state . moreover , the rules providing for the continuation of the applicable legislation should only apply to persons who had a prior link to the social security system of the member state of origin .


### for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities , other than purely internal management activities , in the territory of the member state in which it is established , taking account of all criteria characterising the activities carried out by the undertaking in question . the relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out . ### paragraph 2 is replaced by the following : ' 2 . for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities . in order to determine whether an undertaking genuinely performs substantial activities , other than purely internal management and / or administrative , activities , the competent authorities shall make an overall assessment of all factual elements characterising those activities , taking account of a wider timeframe , carried out by an undertaking in the member state of establishment . such elements may include in particular : ' the place where the undertaking has its registered office and administration , uses office space , pays taxes and social security contributions and , where applicable , in accordance with national law has a professional licence or is registered with the chambers of commerce or professional bodies ; the place where workers are recruited and from which they are sent ; the law applicable to the contracts concluded by the undertaking with its workers , on the one hand , and with its clients , on the other ; the place where the undertaking performs its substantial business activity and where it employs administrative staff ; the number of contracts performed and / or the size of the turnover realised in the member state of establishment , taking into account the specific situation of , inter alia , newly established undertakings and smes . ”


### where no agreement is reached between the institutions concerned , the matter may be brought before the administrative commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request . the administrative commission shall endeavour to reconcile the points of view within six months of the date on which the matter was brought before it . ### in article 5 , paragraph 4 is replaced by the following : ' 4 . where no agreement is reached between the institutions concerned , the matter may be brought before the administrative commission by the competent authorities no earlier than one month following the date on which the institution that received the document submitted its request . the administrative commission shall endeavour to reconcile the points of view within three months of the date on which the matter was brought before it . the competent authorities shall inform the person concerned about the lack of an agreement and about whether the case has been brought before the administrative commission . upon receipt of that information , and in the event that no solution was found through solvit , only the person concerned may call on the administrative commission . '


### rights available on the basis of an activity as an employed or self - employed person of the insured person ; ### rights available on the basis of an activity as an employed or self - employed person of the insured person , including rights existing in the application of article 11 or ;


### “long - term care benefit” means any benefit in kind , cash or a combination of both for persons who , over an extended period of time , on account of old - age , disability , illness or impairment , require considerable assistance from another person or persons to carry out essential daily activities , including to support their personal autonomy ; this includes benefits granted to or for the person providing such assistance ; ### “long - term care benefit” means a benefit in kind or in cash , the purpose of which is to address the care needs of a person who , on account of impairment , requires assistance from another person or persons to carry out essential daily activities of daily living for an extended period of time in order to support his / her personal autonomy ; this includes benefits granted for the same purpose to the person providing such assistance ;


### long - term care benefits have so far not been included explicitly within the material scope of regulation no 883 / 2004 but coordinated as sickness benefits , leading to legal uncertainty both for institutions and persons claiming long - term care benefits . there is a need to develop a stable legal framework appropriate to long - term care benefits within the regulation to include a clear definition of such benefits . ### long - term care benefits have so far not been included explicitly within the material scope of regulation no 883 / 2004 but coordinated as sickness benefits . there is a need to include a clear definition of such benefits concerning long - term care and to update the rules to take into account their specificities .


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


### a frontier worker who retires is entitled in case of sickness to continue to receive benefits in kind in the member state where he last pursued his activity as an employed or self - employed person , insofar as this is a continuation of treatment which began in that member state . the term ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . ### in article 28 , the first subparagraph is replaced by the following : “1 . a frontier worker who retires because of old - age or invalidity is entitled in the event of sickness or the need for long - term care to continue to receive benefits in kind in the member state where he / she last pursued his or her activity as an employed or self - employed person , in so far as this is a continuation of treatment or long - term care which began in that member state . the term ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . the term ' continuation of long - term care ' means the continued granting of long - term care benefits in kind due to the need of care which was established before retirement and which continues beyond that date . ”


### implementing powers should be conferred on the european commission in order to ensure uniform conditions for the implementation of articles 12 and 13 of regulation no 883 / 2004 . those powers should be exercised in accordance with article 5 of regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers . 37 __________________ 37 oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to supplement this regulation by establishing a standard procedure for the determination of situations in which the documents shall be issued and the withdrawal of the document when its accuracy and validity is contested by the competent institution of the member state of employment , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the implementation of articles 12 and 13 of regulation no 883 / 2004 . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making37 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### an insured person who is authorised by the competent institution to go to another member state with the purpose of receiving the treatment appropriate to his / her condition shall receive the benefits in kind provided , on behalf of the competent institution , by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though he / she were insured under the said legislation . the authorisation shall be accorded where the treatment in question is among the benefits provided for by the legislation in the member state where the person concerned resides and where he / she cannot be given such treatment within a time limit which is medically justifiable , taking into account his / her current state of health and the probable course of his / her illness . ### in article 20 , paragraph2 is replaced by the following : “2 . an insured person who is authorised by the competent institution to go to another member state with the purpose of receiving the treatment or long - term care appropriate to his / her condition shall receive the benefits in kind provided , on behalf of the competent institution , by the institution of the place of stay , in accordance with the provisions of the legislation it applies , as though he / she were insured under the said legislation . the authorisation shall be accorded where the treatment or long - term care in question is among the benefits provided for by the legislation in the member state where the person concerned resides and where he / she cannot be given such treatment within a time limit which is medically justifiable , taking into account his / her current state of health and the probable course of his / her illness or within a time limit which is justifiable , taking into account his or her current state of need of long - term care and the probable course of his or her need of long - term care . ”


### family benefits in cash intended to replace income during a periods of child - raising are individual rights which are personal to the parent subject to the legislation of the competent member state . given the specific nature of these family benefits , such benefits should be listed in part i of annex xiii to this regulation and should be exclusively reserved to the parent concerned . the member state with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent member state and under the legislation of the member state of residence of members of the family should not apply to such benefits . where a member state chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in part ii of annex xiii . ### family benefits in cash which are primarily intended to replace income not earned , whether in part or in full , or income that the person cannot earn , due to child - raising , can be distinguished from other family benefits intended to meet family expenses . as such benefits could be considered as individual rights which are personal to the parent subject to the legislation of the competent member state it should be possible to exclusively reserve them to the parent concerned . such individual benefits should be listed in part i of annex xiii to this regulation . the member state with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent member state and under the legislation of the member state of residence of members of the family should not apply to such benefits . where a member state chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and provided the benefits are listed in part ii of annex xiii .


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union , notably the protection of personal data , the freedom to choose an occupation and right to engage in work , the right to property , the right to non - discrimination , the rights of the child , the rights of the elderly , integration of persons with disabilities , the right to family and professional life ; the right to social security and social assistance , the right to health care and the right to freedom of movement and residence ; and has to be implemented in accordance with those rights and principles . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union , notably the right to human dignity , the right to life , the respect for private and family life , the protection of personal data , the freedom to choose an occupation and right to engage in work , the right to property , the right to non - discrimination , equality between men and women , the rights of the child , the rights of the elderly , integration of persons with disabilities , the right to family and professional life ; the right to social security and social assistance , the right to health care and the right to freedom of movement and residence ; and has to be implemented by the member states in accordance with those rights and principles .


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


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


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


### however , if the institution which was requested to carry out the check also uses the findings for the granting of benefits to the person concerned under the legislation it applies , it shall not claim the expenses referred to in the previous sentence . . ### however , if the institution which was requested to carry out the check also uses the findings for the granting of benefits on its own account to the person concerned under the legislation it applies , it shall not claim the expenses referred to in the previous sentence . .


### “long - term care benefit” means any benefit in kind , cash or a combination of both for persons who , over an extended period of time , on account of old - age , disability , illness or impairment , require considerable assistance from another person or persons to carry out essential daily activities , including to support their personal autonomy ; this includes benefits granted to or for the person providing such assistance ; ### “long - term care benefit” means a benefit in kind or in cash the purpose of which is to address the care needs of a person who , on account of impairment due to old age , disability , illness , or other reason , requires considerable assistance from another person or persons to carry out their essential activities of daily living for an extended period of time in order to support their personal autonomy ; this includes benefits granted for the same purpose to the person or persons providing such assistance .


### a frontier worker who has retired because of old - age or invalidity is entitled in the event of sickness to continue to receive benefits in kind in the member state where he / she last pursued his / her activity as an employed or self - employed person , in so far as this is a continuation of treatment which began in that member state . ' continuation of treatment ' means the continued investigation , diagnosis and treatment of an illness for its entire duration . ### in article 28 , the first subparagraph is replaced by the following : “1 . a frontier worker who has retired because of old - age or invalidity is entitled in the event of sickness or the need for long - term care to continue to receive benefits in kind in the member state where he / she last pursued his / her activity as an employed or self - employed person , in so far as this is a continuation of treatment or long - term care which began in that member state . ‘ continuation of treatment’ means the continued investigation , diagnosis and treatment of an illness for its entire duration ; ' continuation of long - term care ' means the continued granting of long - term care benefits in kind due to the need of care which was established already before retirement and which continues beyond that date . ”


### article 25 pensions under the legislation of one or more member states other than the member state of residence , where there is a right to benefits in kind in the latter member state where the person receiving a pension or pensions under the legislation of one or more member states resides in a member state under whose legislation the right to receive benefits in kind is not subject to conditions of insurance , or of activity as an employed or self - employed person , and no pension is received from that member state , the cost of benefits in kind provided to him / her and to members of his / her family shall be borne by the institution of one of the member states competent in respect of his / her pensions determined in accordance with article 24 , to the extent that the pensioner and the members of his / her family would be entitled to such benefits if they resided in that member state . ### article 25 is replaced by the following : “article 25 pensions under the legislation of one or more member states other than the member state of residence , where there is a right to benefits in kind in the latter member state where the person receiving a pension or pensions under the legislation of one or more member states resides in a member state under whose legislation the right to receive benefits in kind is not subject to conditions of insurance , or of activity as an employed or self - employed person , and no pension is received from that member state , the cost of benefits in kind provided to him / her and to members of his / her family shall be borne by the institution of one of the member states competent in respect of his / her pensions determined in accordance with article 24 , to the extent that the pensioner and the members of his / her family would be entitled to benefits if they resided in that member state . ”


### for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities , other than purely internal management activities , in the territory of the member state in which it is established , taking account of all criteria characterising the activities carried out by the undertaking in question . the relevant criteria must be suited to the specific characteristics of each employer and the real nature of the activities carried out . ### paragraph 2 is replaced by the following : ' 2 . for the purposes of the application of article 12 of the basic regulation , the words ‘ which normally carries out its activities there’ shall refer to an employer that ordinarily performs substantial activities . in order to determine whether an undertaking genuinely performs substantial activities , other than purely internal management and / or administrative , activities , the competent authorities shall make an overall assessment of all factual elements characterising those activities , taking account of a wider timeframe , carried out by an undertaking in the member state of establishment . such elements may include in particular : ' the place where the undertaking has its registered office and administration , uses office space , pays taxes and social security contributions and , where applicable , in accordance with national law has a professional licence or is registered with the chambers of commerce or professional bodies ; the place where workers are recruited and from which they are sent ; the law applicable to the contracts concluded by the undertaking with its workers , on the one hand , and with its clients , on the other ; the place where the undertaking performs its substantial business activity and where it employs administrative staff ; the number of contracts performed and / or the size of the turnover realised in the member state of establishment , taking into account the specific situation of , inter alia , newly established undertakings and smes . ”


### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another member state ' shall include a person who is recruited with a view to being posted or sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation . . __________________ 52 oj l 018 , 21 . 01 . 1997 p . 1 . ### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is sent by that employer to another member state ' shall include a person who is recruited with a view to being sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation .


### for the purposes of the application of article 12 of the basic regulation , a ' person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is posted within the meaning of the directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services52 or sent by that employer to another member state ' shall include a person who is recruited with a view to being posted or sent to another member state , provided that immediately before the start of his employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation . . __________________ 52 oj l 018 , 21 . 01 . 1997 p . 1 . ### for the purposes of the application of article 12 of the basic regulation , a person who pursues an activity as an employed person in a member state on behalf of an employer which normally carries out its activities there and who is sent by that employer to another member state shall include a person who is recruited with a view to being sent to another member state , provided that , at least two months before the start of the employment , the person concerned is already subject to the legislation of the sending member state in accordance with title ii of the basic regulation . where the person concerned has been subject to the legislation of the sending member state for less than two months before the start of the employment , the competent authorities shall conduct a case - by - case evaluation , taking account of all the other factors involved .


### article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of health and the probable course of illness of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate to supplement the treatment covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . ### article 26 is replaced by the following : ' article 26 scheduled treatment authorisation procedure for the purposes of the application of article 20 of the basic regulation , the insured person shall present a document issued by the competent institution to the institution of the place of stay . for the purposes of this article , the competent institution shall mean the institution which bears the cost of the scheduled treatment or long - term care ; in the cases referred to in article 20 and 27 of the basic regulation , in which the benefits in kind provided in the member state of residence are reimbursed on the basis of fixed amounts , the competent institution shall mean the institution of the place of residence . 2 . if an insured person does not reside in the competent member state , he shall request authorisation from the institution of the place of residence , which shall forward it to the competent institution without delay . in that event , the institution of the place of residence shall certify in a statement whether the conditions set out in the second sentence of article 20 of the basic regulation are met in the member state of residence . the competent institution may refuse to grant the requested authorisation only if , in accordance with the assessment of the institution of the place of residence , the conditions set out in the second sentence of article 20 of the basic regulation are not met in the member state of residence of the insured person , or if the same treatment or long - term care can be provided in the competent member state itself , within a time - limit which is medically justifiable , taking into account the current state of need of long - term care and the probable course of need of long - term care of the person concerned . the competent institution shall inform the institution of the place of residence of its decision . in the absence of a reply within the deadlines set by its national legislation , the authorisation shall be considered to have been granted by the competent institution . 3 . if an insured person who does not reside in the competent member state is in need of urgent vitally necessary treatment , and the authorisation cannot be refused in accordance with the second sentence of article 20 of the basic regulation , the authorisation shall be granted by the institution of the place of residence on behalf of the competent institution , which shall be immediately informed by the institution of the place of residence . the competent institution shall accept the findings and the treatment options of the doctors approved by the institution of the place of residence that issues the authorisation , concerning the need for urgent vitally necessary treatment . 4 . at any time during the procedure granting the authorisation , the competent institution shall retain the right to have the insured person examined by a doctor of its own choice or , in the case of the need for long - term care , by a doctor or another expert of its own choice in the member state of stay or residence . 5 . the institution of the place of stay shall , without prejudice to any decision regarding authorisation , inform the competent institution if it appears medically appropriate or appropriate taking into account the current state of need for long - term care to supplement the treatment or long - term care covered by the existing authorisation . b . meeting the cost of benefits in kind incurred by the insured person 6 . without prejudice to paragraph 7 , article 25 and of the implementing regulation shall apply mutatis mutandis . 7 . if the insured person has actually borne all or part of the costs for the authorised medical treatment or long - term care him or herself and the costs which the competent institution is obliged to reimburse to the institution of the place of stay or to the insured person according to paragraph 6 are lower than the costs which it would have had to assume for the same treatment or long - term care in the competent member state , the competent institution shall reimburse , upon request , the cost of treatment or long - term care incurred by the insured person up to the amount by which the notional cost exceeds the actual cost . the reimbursed sum may not , however , exceed the costs actually incurred by the insured person and may take account of the amount which the insured person would have had to pay if the treatment or long - term care had been delivered in the competent member state . c . meeting the costs of travel and stay as part of scheduled treatment or long - term care 8 . where the national legislation of the competent institution provides for the reimbursement of the costs of travel and stay which are inseparable from the treatment or long - term care of the insured person , such costs for the person concerned and , if necessary , for a person who must accompany him / her , shall be assumed by this institution when an authorisation is granted in the case of treatment or long - term care in another member state . d . family members 9 . paragraphs 1 to 8 shall apply mutatis mutandis to the members of the family of the insured persons . '


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


### to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; ### to foster all forms of technological , social , cultural or educational innovation , including breakthrough innovation , and strengthen the large deployment of innovative knowledge and solutions in society and economy ;


### eur 10 000 000 000 for cluster ' food and natural resources ' ; ### eur 10 000 000 000 for cluster ' sustainable food , environment and natural resources ' ;


### cluster ' food and natural resources ' : protecting , restoring , sustainably managing and using natural and biological resources from land and sea to address food and nutrition security and the transition to a low carbon , resource efficient circular economy . ### cluster ' sustainable food , environment and natural resources ' : protecting , restoring , sustainably managing and using natural and biological resources from land and sea to address food and nutrition security and the transition to a decarbonised , resource efficient and circular economy .


### the commission may , by means of implementing acts , establish a list of veterinary medicinal products authorised in the union for use in terrestrial animals which can be used for treatment of food - producing animals of an aquatic species in accordance with paragraph 1 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 145 . ### the commission may , by means of implementing acts , establish a list of veterinary medicinal products authorised in the union for use in terrestrial animals which can be used for treatment of food - producing animals of an aquatic species in accordance with paragraph 1 . this provision is strictly limited to closed aquatic systems with specific waste water treatment facilities . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 145 .


### special conditions for use , including restrictions on the use of antimicrobials in order to limit the risk of development of antimicrobial resistance , ### special conditions for use , including restrictions on the use of antimicrobials in order to limit the risk of development of antimicrobial resistance , and specifying that the product is not to be used as a routine preventative measure in food producing animals , or in prophylactic group treatments where there has been no diagnosis of disease ,


### a competent authority or the agency may require the applicant to provide safety data concerning the potential risks posed by the generic veterinary medicinal product to the environment in case the marketing authorisation for the reference veterinary medicinal product was granted before 20 july 2000 or in case the second phase environmental risk assessment was required for the reference veterinary medicinal product . ### the applicant shall submit to the competent authority or the agency safety data concerning the potential risks posed by the generic veterinary medicinal product to the environment in case the marketing authorisation for the reference veterinary medicinal product was granted before 20 july 2000 or in case the second phase environmental risk assessment was required for the reference veterinary medicinal product .


### information about risk mitigation measures to limit antimicrobial resistance development related to the use of veterinary medicinal product . ### information about risk mitigation measures to limit antimicrobial resistance development related to the use of veterinary medicinal product , including specifications that the product is not to be used as a routine prophylactic or metaphylactic measure in food producing animals , and is not to be used in prophylactic group treatments where there has been no diagnosis of disease .


### competent authorities may , on their own initiative or on request from the agency , request the marketing authorisation holder to collect specific pharmacovigilance data , in particular regarding the use of a veterinary medicinal product in specified animal species , in the context of public and animal health , safety of the persons administering the product , and the protection of the environment . the authority shall state in detail the reasons for the request and inform other competent authorities and the agency thereof . ### competent authorities shall , on their own initiative or on request from the agency , request the marketing authorisation holder to collect specific pharmacovigilance data , in particular regarding the use of a veterinary medicinal product in specified animal species , in the context of public and animal health , safety of the persons administering the product , and the protection of the environment .


### documentation on the direct or indirect risks to public or animal health of use of the antimicrobial veterinary medicinal product in animals , ### documentation on the direct or indirect risks to public or animal health or the environment of use of the antimicrobial veterinary medicinal product in animals ,


### risks to public health if the antimicrobial product is used in accordance with paragraph 1 ; ### risks to public health if the antimicrobial product is used in accordance with paragraph 1 , including the risks involved in using antimicrobials critical to human health in food producing animals .


### if necessary , the inspections may be carried out unannounced . ### a certain percentage of the inspections , to be determined by delegated acts , shall be carried out unannounced .


### where the application concerns an antimicrobial veterinary medicinal product , the competent authority or the commission may require the marketing authorisation holder to conduct post - authorisation studies in order to ensure that the benefit - risk balance remains positive with a view to the possible development of antimicrobial resistance . ### where the application concerns an antimicrobial veterinary medicinal product , the competent authority or the commission shall require the marketing authorisation holder to conduct post - authorisation studies in order to ensure that the benefit - risk balance remains positive with a view to the possible development of antimicrobial resistance .


### a marketing authorisation for a veterinary medicinal product shall be valid for an unlimited period of time . ### an initial marketing authorisation for a veterinary medicinal product shall be valid for five years .


### personal data collected for the purposes of this directive should not be processed and used for any other purpose . ; ### personal data collected for the purposes of this directive shall not be processed and used for any other purpose .


### the collection , transmission and sharing of ship - related data has been enabled , simplified and harmonised by the national single window referred to in directive 2010 / 65 / eu of the european parliament and of the council17 and safeseanet referred to in directive 2002 / 59 / ec of the european parliament and of the council18 . the information on the persons on board required by directive 98 / 41 / ec should therefore be recorded in the national single window that in the event of an emergency or accident allows the data to be readily available to the competent authority . _________________ 17 directive 2010 / 65 / eu of the european parliament and of the council of 20 october 2010 on reporting formalities for ships arriving in and / or departing from ports of the member states and repealing directive 2002 / 6 / ec . 18 directive 2002 / 59 / ec of the european parliament and of the council of 27 june 2002 establishing a community vessel traffic monitoring and information system and repealing council directive 93 / 75 / eec . ### the collection , transmission and sharing of ship - related data has been enabled , simplified and harmonised by the national single window referred to in directive 2010 / 65 / eu of the european parliament and of the council17 and safeseanet referred to in directive 2002 / 59 / ec of the european parliament and of the council18 . the information on the persons on board required by directive 98 / 41 / ec should therefore be recorded in the national single window that in the event of an emergency or accident allows the data to be readily available to the competent authority . this data should only be used for the purpose of passengers safety and handled in accordance with the eu legislation on data protection and privacy . _________________ 17 directive 2010 / 65 / eu of the european parliament and of the council of 20 october 2010 on reporting formalities for ships arriving in and / or departing from ports of the member states and repealing directive 2002 / 6 / ec . 18 directive 2002 / 59 / ec of the european parliament and of the council of 27 june 2002 establishing a community vessel traffic monitoring and information system and repealing council directive 93 / 75 / eec .


### in order to ensure a uniform approach to the joint work provided for in this regulation , implementing powers should be conferred on the commission to establish a common procedural and methodological framework for clinical assessments , procedures for joint clinical assessments and procedures for joint scientific consultations . where appropriate , distinct rules should be developed for medicinal products and medical devices . in the development of such rules , the commission should take into account the results of the work already undertaken in the eunethta joint actions . it should also take into account initiatives on hta funded through the horizon 2020 research programme , as well as regional initiatives on hta such as the beneluxa and valletta declaration initiatives . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council . 13 _________________ 13 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure a uniform approach to the joint work provided for in this regulation , the coordination group should establish a common procedural and methodological framework for clinical assessments , procedures for joint clinical assessments and procedures for joint scientific consultations . where appropriate , distinct rules should be developed for medicinal products and medical devices . in the development of such rules , the results of the work already undertaken in the eunethta joint actions should be taken into account . it should also take into account initiatives on hta funded through the horizon 2020 research programme , as well as regional initiatives on hta such as the beneluxa and valletta declaration initiatives .


### in order to ensure a uniform approach to the joint work provided for in this regulation , implementing powers should be conferred on the commission to establish a common procedural and methodological framework for clinical assessments , procedures for joint clinical assessments and procedures for joint scientific consultations . where appropriate , distinct rules should be developed for medicinal products and medical devices . in the development of such rules , the commission should take into account the results of the work already undertaken in the eunethta joint actions . it should also take into account initiatives on hta funded through the horizon 2020 research programme , as well as regional initiatives on hta such as the beneluxa and valletta declaration initiatives . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council . 13 _________________ 13 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure a uniform approach to the joint work provided for in this regulation , the commission should establish , by means of implementing acts , a common procedural framework for joint clinical assessments and joint scientific consultations , while the coordination group should establish a common methodological framework . where appropriate , and in justified cases , distinct rules must be developed for medicinal products and medical devices . in the development of such rules , the results of the work already undertaken in the eunethta joint actions , initiatives on hta funded through the horizon 2020 research programme , as well as regional initiatives on hta such as the beneluxa and valletta declaration initiatives may be taken into account . those powers should be exercised in accordance with regulation no 182 / 2011of the european parliament and of the council13 . the methodology should guarantee high quality and high clinical evidence . any flexibility in the methodology should be exceptional and adapted to very specific circumstances , but never to the detriment of the quality of health technologies or clinical evidence . clinical trials are the studies par excellence in the biomedical field , so the use of another type of study , for example , epidemiological studies , should be exceptional and fully justified . the rules to be developed in tertiary legislation should cover the possibilities for improvement of clinical evidence in the cases where further scientific evidence is needed . _________________ 13 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### the coordination group shall approve the final joint scientific consultation report , wherever possible by consensus or , where necessary , by a simple majority of member states , at the latest 100 days following the start of the preparation of the report referred to in paragraph 4 . ### the coordination group shall approve the final joint scientific consultation report , wherever possible by consensus or , where necessary , by a two - thirds majority of member states , at the latest 100 days following the start of the preparation of the report referred to in paragraph 4 .


### the consultation of patients , clinical experts and other relevant stakeholders ; ### the consultation of patients , consumers , clinical experts and other relevant stakeholders ;


### the coordination group shall select the medical devices referred to in paragraph 1 points and for joint clinical assessment based on the following criteria : ### the coordination group shall select the medical devices referred to in paragraph 1 points , and for joint clinical assessment based on the following criteria :


### the consultation of patients , clinical experts , and other stakeholders in clinical assessments . ### the consultation of patients , consumers , clinical experts , and other stakeholders in clinical assessments . the declarations of conflicts of interest of consulted stakeholders shall be made publicly available .


### the abrasion of tyres during use is a significant source of microplastics , which are harmful to the environment , and the commission’s communication “a european strategy for plastics in a circular economy”16 therefore mentions the need to address unintentional release of microplastics from tyres , inter alia through information measures such as labelling and minimum requirements for tyres . however , a suitable testing method to measure tyre abrasion is not currently available . therefore , the commission should mandate the development of such a method , taking into full consideration all state - of - the - art internationally developed or proposed standards or regulations , with a view to establishing a suitable testing method as soon as possible . __________________ 16 com 28 final ### the abrasion of tyres during use is a significant source of microplastics , which are harmful to the environment , and the commission’s communication “a european strategy for plastics in a circular economy”16 therefore mentions the need to address unintentional release of microplastics from tyres , inter alia through information measures such as labelling and minimum requirements for tyres . applying labelling requirements with regards to the abrasion rate of tyres would bring substantial benefits to human health and the environment . therefore , the commission should introduce a suitable testing method to measure tyre abrasion as soon as possible , taking into full consideration all state - of - the - art internationally developed or proposed standards or regulations , with a view to introduce parameters and information requirements for the abrasion of tyres before the entry into force of this regulation . __________________ 16 com 28 final


### prima shall support the following activities : ### prima shall support a wide range of research and innovation activities , as described in the prima annual work plan , addressing a wide range of technology readiness levels and ensuring an appropriate balance between small and large projects , by means of :


### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for water provision and food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream . ### the general objective of prima is to develop the fully piloted and demonstrated common innovative solutions for integrated water resource management and sustainable agriculture and food systems in the mediterranean region , to make them more climate resilient , efficient , cost - effective and environmentally and socially sustainable , and to contribute to solving nutrition , health , well - being and migration problems upstream .


### prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of food production and water provision in the mediterranean area . prima should contribute to the achievement of the recently - agreed sustainable development goals and to the forthcoming european sustainable development strategy . ### prima aims at implementing a joint programme for the development and the adoption of innovative and integrated solutions for improving the efficiency , safety , security and sustainability of agriculture and food systems and integrated water resource management in the mediterranean area . prima should ensure that its activities and their implementation fulfil sustainability criteria and do not have negative environmental , social or public health impacts . prima should contribute to the achievement of the recently - agreed sustainable development goals and to the forthcoming european sustainable development strategy .


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


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


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


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


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


### protection of information stored in and related to end - users’ terminal equipment ### protection of information stored in , related to and processed by users ' terminal equipment


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


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


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


### pursuant to article 8 of the charter and article 16 of the treaty on the functioning of the european union , everyone has the right to the protection of personal data concerning him or her . regulation 2016 / 679 lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data . electronic communications data may include personal data as defined in regulation 2016 / 679 . ### pursuant to article 8 of the charter and article 16 of the treaty on the functioning of the european union , everyone has the right to the protection of personal data concerning him or her . regulation 2016 / 679 lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data . electronic communications data are generally personal data as defined in regulation 2016 / 679 .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure an effective and equal protection of end - users when using functionally equivalent services , this regulation uses the definition of electronic communications services set forth in the [ directive of the european parliament and of the council establishing the european electronic communications code24 ] . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service ; therefore , such type of services also having a communication functionality should be covered by this regulation . _________________ 24 commission proposal for a directive of the european parliament and of the council establishing the european electronic communications code ) . ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . users and subscribers increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services , also known as “over - the - top services” . this regulation aims at ensuring an effective and equal protection of users and subscribers when using functionally equivalent services , so as to ensure the confidentiality of their communication , irrespective of the technological medium chosen . . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service , such as internal messaging , newsfeeds , timelines and similar functions in online services where messages are exchanged with other users within or outside that service ; therefore , such type of services also having a communication functionality should be covered by this regulation .


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


### the content of electronic communications pertains to the essence of the fundamental right to respect for private and family life , home and communications protected under article 7 of the charter . any interference with the content of electronic communications should be allowed only under very clear defined conditions , for specific purposes and be subject to adequate safeguards against abuse . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the end - users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . given the sensitivity of the content of communications , this regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons . when processing such type of data , the provider of the electronic communications service should always consult the supervisory authority prior to the processing . such consultation should be in accordance with article 36 and of regulation 2016 / 679 . the presumption does not encompass the processing of content data to provide a service requested by the end - user where the end - user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service . after electronic communications content has been sent by the end - user and received by the intended end - user or end - users , it may be recorded or stored by the end - user , end - users or by a third party entrusted by them to record or store such data . any processing of such data must comply with regulation 2016 / 679 . ### the content of electronic communications pertains to the essence of the fundamental right to respect for private and family life , home and communications protected under article 7 of the charter . any processing of content data of electronic communications should be allowed only under very clear defined conditions , for specific purposes and be subject to adequate safeguards against abuse . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . given the sensitivity of electronic communications data , this regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons . when processing such type of data , the provider of the electronic communications service should always carry out an impact assessment as provided for in regulation 2016 / 679 and if necessary under that regulation , consult the supervisory authority prior to the processing . after electronic communications content has been sent by the user and received by the intended end - user or end - users , it may be recorded or stored by the end - user , end - users or by another party entrusted by them to record or store such data , which could be the electronic communications provider . any processing of such stored communications data where the data is stored on behalf of the end - user must comply with this regulation . the end - user may further process the data , and if it contains personal data , must comply with regulation 2016 / 679 .


### ‘ electronic communications content’ means the content exchanged by means of electronic communications services , such as text , voice , videos , images , and sound ; ### ' electronic communications content ' means the content transmitted , distributed or exchanged by means of electronic communications services , such as text , voice , videos , images , and sound , including electronic communications metadata of other electronic communications services or protocols that are transmitted by using the respective service ;


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