### (5) it is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data among competent authorities. ### (5) it is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally , while respecting procedural and fundamental rights of the affected person and the principle of the independence of the judiciary. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data among competent authorities.


### (6) there are tools which have been developed for the digital exchange of case related data , without replacing or requiring costly modifications to the existing it systems already established in the member states. the e-justice communication via on-line data exchange (e-codex) system is the main tool of this type developed to date. ### (6) there are tools which have been developed for the digital exchange of case related data , without replacing or requiring costly modifications to the existing it systems already established in the member states. the e-justice communication via on-line data exchange (e-codex) system is the main tool of this type developed to date to ensure sustainability of cross-border electronic exchange of case related data among competent authorities , while preserving procedural and fundamental rights and the independence of the judiciary.


### (10) in order to ensure secure , swift , interoperable , confidential and reliable communication between member states for the purposes of cross-border judicial procedures in civil , commercial and criminal matters , any appropriate modern communications technology should be used , provided that certain conditions as to the integrity and reliability of the document received and the identification of the participants in the communication are met. therefore , a secure and reliable decentralised it system should be used. accordingly , it is necessary to establish such an it system for data exchanges in cross-border judicial procedures. the decentralised nature of that it system would enable secure data exchanges exclusively between one member state and another , without any of the union institutions being involved in the substance of those exchanges. ### (10) in order to ensure secure , swift , interoperable , auditable , confidential and reliable communication between member states for the purposes of cross-border judicial procedures in civil , commercial and criminal matters , any appropriate modern communications technology should be used , provided that certain conditions as to the integrity and reliability of the document received and the identification of the participants in the communication are met. therefore , an auditable , secure and reliable decentralised it system should be used. accordingly , it is necessary to establish such an it system for data exchanges in cross-border judicial procedures. the decentralised nature of that it system would enable secure data exchanges exclusively between one member state and another , without any of the union institutions being involved in the substance of those exchanges.


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


### (17) for the purpose of facilitating access of natural and legal persons to the competent authorities , this regulation should establish an access point at union level (european electronic access point) , as part of the decentralised it system through which natural and legal persons should be able to file claims , launch requests , send and receive procedurally relevant information and communicate with the competent authorities , for cases covered by this regulation. the european electronic access point should be hosted on the european e-justice portal , which serves as a one-stop-shop for judicial information and services in the union. ### (17) for the purpose of facilitating access of natural and legal persons to the competent authorities , this regulation should establish an access point at union level (european electronic access point) , as part of the decentralised it system through which natural and legal persons or their legal representatives should be able to file claims , launch requests , send and receive procedurally relevant information , access digitalised cases files in cross-border proceedings in civil , commercial , and criminal matters , and communicate with the competent authorities , for cases covered by this regulation. remote access to digitalised case files through the european electronic access point , including in cross-border criminal proceedings , can support effective implementation of procedural rights and fair trials guarantees. it can facilitate the production and handling of case data , as well as the possibility to access or read data from different locations and workstations , enabling effective defence preparation from the early stages of a proceeding. the european electronic access point should be hosted on the european e-justice portal , which serves as a one-stop-shop for judicial information and services in the union.


### (18) member states should be responsible for the establishment , maintenance and development of national electronic portals (national it portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in annex i. ### (18) member states should be responsible for the establishment , maintenance and development of national electronic portals (national it portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in annex i , whilst fully respecting the specificities of national justice systems including the roles and responsibilities of the various actors involved , including bars and law societies , and notary councils.


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


### (20) in order to enhance electronic cross-border communication and transmission of documents through the decentralised it system , the european electronic access point and national it portals , where available , those documents should not be denied legal effect and should not be considered inadmissible in the proceedings solely on the grounds that they are in electronic form. however , that principle should be without prejudice to the assessment of the legal effects or the admissibility of those documents , which may constitute evidence in accordance with national law. it should also be without prejudice to national law regarding the conversion of documents. ### (20) in order to enhance electronic cross-border communication and transmission of documents through the decentralised it system , the european electronic access point and national it portals , where available , those documents should not be denied legal effect and should not be considered inadmissible in the proceedings solely on the grounds that they are in electronic form. however , that principle should be without prejudice to the assessment of the legal effects or the admissibility of those documents , which may constitute evidence in accordance with national law. it should also be without prejudice to national law regarding the conversion of documents. the requirements under applicable national law concerning the admissibility of documents or information , pertaining to their authenticity , accuracy , reliability , trustworthiness and their appropriate legal form shall remain unaffected by this regulation.


### (21) in order to facilitate oral hearings in proceedings in civil , commercial and criminal matters with cross-border implications , this regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties in such hearings. the procedure for applying and conducting of hearings through videoconferencing or other distance communication technology should be governed by the law of the member state conducting the videoconference. conducting a hearing by videoconferencing or other distance communication technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. in such cases the most appropriate rules available under the national law , such as rules for taking of evidence , should apply mutatis mutandis. ### (21) in order to enable remote oral hearings in cross-border proceedings in civil , commercial and criminal matters , this regulation should provide for the optional use of videoconferencing or other distance communication technology for the participation of the parties in such hearings. at the same time , the use of videoconferencing or other audiovisual communication technologies in cross-border criminal proceedings should remain exceptional , and it should always respond to the interests and needs of all the concerned parties , including suspects , accused and convicted persons. the use of videoconferencing in judicial proceedings restricts the right to be present at trial , and remote participation to cross-border hearings significantly impacts the ability to exercise defence rights , including the right to a lawyer , and the right to examine evidence and witnesses. in civil and commercial matters , the procedure for applying and conducting of hearings through videoconferencing or other audiovisual transmission technology in cross-border proceedings should be governed by the law of the member state where the proceedings take place. in cross-border criminal proceedings falling under the acts listed in annex ii , the procedure for applying and conducting of hearings through videoconferencing or other audiovisual transmission technology should be governed by the law of the requesting member state. conducting a hearing by videoconferencing or other audiovisual transmission technology should not be refused solely based on the non-existence of national rules governing the use of distance communication technology. it should always be possible to refuse a hearing by videoconferencing or by other audiovisual transmission technology when the use of such technology gives raise to risks for to the interests of the person(s) concerned , including their fundamental right of defense.


### (22) this regulation should not apply to the use of videoconferencing or other distance communication technology in civil , commercial and criminal proceedings where such use is already foreseen in the legal acts , listed in annex i and annex ii. ### (22) this regulation should not apply to the use of videoconferencing or other distance communication technology in civil , commercial and criminal proceedings where such use is already foreseen in the legal acts , listed in annex i and annex ii. this regulation should neither apply to the use of videoconferencing nor to other audiovisual transmission technology in purely domestic criminal proceedings.


### (26) in accordance with paragraphs 22 and 23 of the interinstitutional agreement of 13april 2016 on better law-making45 , the commission should evaluate this regulation on the basis of the information collected through specific monitoring arrangements for each of the legal acts , listed in annexes i and ii to this regulation in order to assess the actual effects of this regulation and the need for any further action. ### (26) in accordance with paragraphs 22 and 23 of the interinstitutional agreement of 13april 2016 on better law-making45 , the commission should evaluate this regulation on the basis of the information collected through specific monitoring arrangements and independent quantitative and qualitative assessments for each of the legal acts , listed in annexes i and ii to this regulation in order to assess the actual effects of this regulation and to detect , prevent or rectify impact on legality , accessibility , and effectiveness the eu and member states justice systems , and the need for any further action.


### (30) regulation (eu) 2016/679 of the european parliament and the council and directive (eu) 2016/68048 of the european parliament and the council , apply to the processing of personal data carried out in the decentralised it system. in order to clarify the responsibility for the processing of personal data sent or received through the decentralised it system , this regulation should indicate the controller of the personal data. for this purpose , each sending or receiving entity should be regarded as having determined the purpose and means of the personal data processing separately. ### (30) regulation (eu) 2018/1725 , regulation (eu) 2016/679 of the european parliament and the council and directive (eu) 2016/68048 of the european parliament and the council , apply to the processing of personal data carried out in the decentralised it system. in order to clarify the responsibility for the processing of personal data sent or received through the decentralised it system , this regulation should indicate the controller of the personal data. for this purpose , each sending or receiving entity should be regarded as having determined the purpose and means of the personal data processing separately.


### (31) in order to ensure uniform conditions for the implementation of this regulation as regards the establishment of the decentralised it system , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council49 . ### (31) in order to ensure uniform conditions for the implementation of this regulation as regards the establishment of the decentralised it system , delegated powers should be conferred on the commission. the adoption of these delegated acts should be based on a proper consultation of the relevant experts and legal practitioners.


### (4) “decentralised it system” means a network of it systems and interoperable access points , operating under the individual responsibility and management of each member state , union agency or body that enables the secure and reliable cross-border exchange of information; ### (4) “decentralised it system” means a network of it systems and interoperable access points , operating under the individual responsibility and management of each member state , union agency or body that enables the auditable , secure and reliable cross-border exchange of information;


### 1. written communication between competent authorities in cases falling under the scope of the legal acts listed in annex i and annex ii , including the exchange of forms established by these acts , shall be carried out through a secure and reliable decentralised it system. ### 1. written communication between competent authorities in cases falling under the scope of the legal acts listed in annex i and annex ii , including the exchange of forms established by these acts , shall be carried out through an auditable , secure and reliable decentralised it system.


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


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


### 3. the european electronic access point shall allow natural and legal persons to file claims , launch requests , send and receive procedurally relevant information and communicate with the competent authorities. ### 3. the european electronic access point shall contain information for natural and legal persons on their right to legal assistance , including in cross-border proceedings. the european electronic access point shall allow natural and legal persons or their legal representatives to file claims , launch requests , request and obtain access to digitalised case files , send and receive procedurally relevant information and communicate with the competent authorities , including in the pre-trial and trial stages of cross-border proceedings in civil , commercial and criminal matters. the european electronic access point shall ensure that national procedural requirements , such as forms , language and legal representation in the concerned proceedings , are respected.


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


### hearing through videoconferencing or other distance communication technology in civil and commercial matters ### hearing through videoconferencing or other audiovisual transmission technology in civil and commercial matters


### 1. without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under the legal acts listed in annex i , and upon request of a party to proceedings falling under the scope of these legal acts or in other civil and commercial matters where one of the parties is present in another member state , or upon request of their legal or authorised representative , competent authorities shall allow their participation to a hearing by videoconferencing or other distance communication technology , provided that: ### 1. without prejudice to specific provisions regulating the use of videoconferencing or other audiovisual transmission technology in proceedings under the legal acts listed in annex i , and upon request of a party to proceedings falling under the scope of these legal acts or in other civil and commercial matters where one of the parties is present in another member state , or upon request of their legal or authorised representative , competent authorities shall allow their participation to a hearing by videoconferencing or other audiovisual transmission technology , provided that:


### the other party or parties to the proceedings were given the possibility to submit an opinion on the use of videoconferencing or other distance communication technology. ### the other party or parties to the proceedings were given the possibility to submit an opinion on or refuse the use of videoconferencing or other distance communication technology.


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


### 3. competent authorities may on their own motion allow the participation of parties to hearings by videoconference , provided that all parties to the proceedings are given the possibility to submit an opinion on the use of videoconferencing or other distance communication technology. ### 3. competent authorities may on their own motion allow the participation of parties to hearings by videoconference , provided that all parties to the proceedings are given the possibility to submit an opinion on or refuse the use of videoconferencing or other audiovisual transmission technology based on justifications pertaining to the particular circumstances of the case.


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


### 1. where the competent authority of a member state requests the hearing of a suspect , accused or convicted person in proceedings under the legal acts listed in annex ii , the competent authority shall allow their participation to the hearing by videoconferencing or other distance communication technology , provided that: ### 1. where the competent authority of a member state requests the hearing of a suspect , accused or convicted person in proceedings under the legal acts listed in annex ii , who are located in another member states , the corresponding competent authority of that other member state shall authorise their participation to the hearing by videoconferencing or other audiovisual transmission technology , provided that:


### such technology is available; ### the videoconferencing or other audiovisual transmission technology available allows for the authentication of the persons to be heard , and enables both verbal and non-verbal communications during the hearing;


### the particular circumstances of the case justify the use of such technology; ### the particular circumstances and procedural needs of the case , including where relevant the need to guarantee the publicity of the criminal trial , justify the use of such technology;


### the suspect , accused or convicted persons expressed consent on the use of videoconferencing or other distance communication technology. before expressing consent on the use of videoconferencing or other distance communication technology the suspect or the accused person shall have the possibility to seek the advice of a lawyer in accordance with directive 2013/48/eu. ### the suspect , accused or convicted persons expressed consent on waiving their right to be present in person , and the suspect , accused or convicted persons agreed to the use of videoconferencing for that hearing. before expressing consent on the use of videoconferencing or other distance communication technology the suspect or the accused person shall have access to a lawyer to seek advice in accordance with directive 2013/48/eu. competent authorities shall provide suspects , accused or convicted persons with accesss to qualified translation or interpretation services , and with information about the procedure for conducting a hearing through videoconferencing or other audiovisual transmission technology , including the right to interpretation in accordance with the directive 2010/64/eu and the right of access to legal assistance in accordance with directive 2013/48/eu , before such persons are required to consent or object on the use of videoconferencing or other distance communication technology.


### 2. paragraph 1 is without prejudice to the provisions regulating the use of videoconferencing or other distance communication technology in the legal acts listed in annex ii. ### 2. paragraphs 1 and 1a are without prejudice to the provisions regulating the use of videoconferencing or other distance communication technology in the legal acts listed in annex ii.


### 3. subject to this regulation , the procedure for conducting a videoconference shall be regulated by the national law of the member state conducting the videoconference. ### 3. where a hearing is held by videoconferencing or other audiovisual transmission technology , the following rules shall apply:


### 4. the confidentiality of communication between suspects , accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other distance communication technology shall be ensured. ### 4. the confidentiality of communication between suspects , accused or convicted persons and their lawyer before and during the hearing through videoconferencing or other audiovisual transmission technology shall be ensured at all times and in any circumstances. any breach of this confidentiality shall result in the invalidity of the hearing , and of any information that arise from such breach.


### 5. before hearing a child through videoconferencing or other distance communication technology , holders of parental responsibility as defined in article 3 , point 2 of directive (eu) 2016/800 of the european parliament and of the council50 or another appropriate adult as referred to in article 5(2) of that directive shall be informed promptly. when deciding whether to hear a child through videoconferencing or other distance communication technology , the competent authority shall take into account the best interests of the child. ### 5. before hearing a child through videoconferencing or other audiovisual transmission technology , holders of parental responsibility as defined in article 3 , point 2 of directive (eu) 2016/800 of the european parliament and of the council50 or another appropriate adult as referred to in article 5(2) of that directive , or a legal representative , shall be informed promptly and express consent pursuant to paragraph 1(ca) of this article. when deciding whether to hear a child through videoconferencing or other distance communication technology , the competent authority shall take into account the best interests of the child. equivalent guarantees to those provided in this paragraph for hearing children through videoconferencing or other audiovisual transmission technology shall apply when the hearing through videoconferencing or other audiovisual transmission technology concern vulnerable adults having notably communication and/or learning disabilities.


### 6. where the recording of hearings is provided for under the national law of a member state for domestic cases , the same rules shall apply also to hearings through videoconferencing or other distance communication technology in cross-border cases. member states shall take appropriate measures to ensure that such records are secured and not publicly disseminated. ### 6. where the recording of hearings is provided for under the national law of a member state for domestic cases , the same rules shall apply also to hearings through videoconferencing or other distance communication technology in cross-border cases. member states shall take appropriate measures to ensure that such records are secured and not publicly disseminated. without prejudice to any measures agreed for the protection of persons , on the conclusion of the hearing , the requesting authority shall draw up minutes indicating the date and place of the hearing , the identity of the person heard , the identities and functions of all other persons in the authorising state participating in the hearing , any oaths taken and the technical conditions under which the hearing took place. the document shall be forwarded by the authority competent to authorise the hearing through videconferencing or other audivisual transmission technology , to the competent authority in the requesting state.


### 7. a suspect , an accused and the convicted person shall have the right to an effective legal remedy under national law in the event of a breach of this article. ### 7. a suspect , an accused and the convicted person shall have the right to an effective legal remedy under national law in the event of a breach of their rights deriving from the implementation of this article.


### 3. where a document transmitted as part of the electronic communication under article 5 of this regulation requires or features a seal or handwritten signature , advanced electronic seals , advanced electronic signatures , qualified electronic seals or qualified electronic signatures as defined in regulation (eu) no 910/2014 may be used instead. ### 3. where a document transmitted as part of the electronic communication under article 5 of this regulation requires or features a seal or handwritten signature ,qualified electronic seals or qualified electronic signatures as defined in regulation (eu) no 910/2014 may be used instead.


### adoption of implementing acts by the commission ### adoption of delegated acts by the commission


### 1. the commission shall adopt implementing acts establishing the decentralised it system , setting out the following: ### 1. the commission shall adopt delegated acts establishing the decentralised it system , setting out the following:


### 2. the implementing acts referred to in paragraph 1 of this article shall be adopted in accordance with the examination procedure referred to in article 16. ### deleted


### 3. the implementing acts establishing the decentralised it system for the legal acts listed in annex i , points 3 and 4 and the legal acts listed in annex ii , points 2 , 6 and 10 shall be adopted by [2 years after the entry into force]. ### 3. the delegated acts referred to in paragraph 1 of this article shall be adopted by:


### 4. the implementing acts establishing the decentralised it system for the legal acts listed in annex i , points 1 , 8 and 9 and the legal act listed in annex ii , point 11 shall be adopted by [3 years after the entry into force]. ### deleted


### 5. the implementing acts establishing the decentralised it system for the legal acts listed in annex i , points 6 , 10 , 11 and the legal acts listed in annex ii , points 3 , 4 , 5 and 9 shall be adopted by [5 years after the entry into force]. ### deleted


### 6. the implementing acts establishing the decentralised it system for the legal acts listed in annex i , points 2 , 5 , 7 and 12 and the legal acts listed in annex ii , points 1 , 7 and 8 shall be adopted by [6 years after the entry into force]. ### deleted


### article 16 ### deleted


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


### 2. member states may notify the commission if they are in a position to operate the decentralised it system earlier than required by this regulation. the commission shall make such information available electronically , in particular through the european e-justice portal. ### 2. member states shall notify the commission if they are in a position to operate the decentralised it system earlier than required by this regulation. the commission shall make such information available electronically , in particular through the european e-justice portal.


### it shall apply from [the first day of the month following the period of two years after the date of entry into force]. ### it shall apply from [the first day of the month following the period of one year after the date of entry into force].


### — having regard to the treaty on the functioning of the european union (tfeu) and in particular articles 70 , 81 , 82 , 114 and 352 thereof , ### — having regard to the treaty on the functioning of the european union (tfeu) and in particular articles 50 , 56 , 70 , 81 , 82 , 114 and 352 thereof ,


### — having regard to the charter of fundamental rights of the european union , ### — having regard to the charter of fundamental rights of the european union , and in particular articles 11 , 12 , 15 , 47 , 48 and 54 thereof ,


### — having regard to the commission communication of 30 september 2020 on the 2020 rule of law report – the rule of law situation in the european union (com(2020)0580) , ### — having regard to the commission communication of 30 september 2020 on the 2020 rule of law report – the rule of law situation in the european union (com(2020)0580) , and its 27 accompanying country chapters on the rule of law in the member states(swd(2020)0300-0326) ,


### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive; ### a. whereas independent and quality journalism , as well as access to pluralistic information are key pillars of democracy; whereas a vibrant civil society and the right to public participation are essential for any democracy to thrive; whereas human rights and environmental defenders have a crucial role to reach the environmental objectives set by the european union; whereas no one shall be persecuted or harassed in any way for their involvement in activities to protect human rights or the environment; whereas independent journalism , civil society organizations , human rights and environmental defenders play a crucial role in holding power to account and performing their functions as watchdogs for democracy and the rule of law;


### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive; ### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas a vibrant civil society operating in an enabling legal and political environment allowing it to play its fundamental role in monitoring the situation of the rule of law and fundamental rights , corruption and promoting good governance , accountability and transparency is essential for any democracy to thrive;


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


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


### annex ### specific recommendations to the commission


### for general rules providing protection against slapps; ### for general rules providing for procedural safeguards , common to both civil and criminal cases , aimed at protecting victims against slapps;


### specifically addressing questions of civil justice; ### specifically addressing questions of civil justice and private international law , including judicial cooperation and forum shopping;


### addressing in particular issues of criminal justice ### addressing in particular issues of criminal justice and equality of arms in access to justice


### 1. underlines that an independent , impartial , professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some member states whereby media laws allow for greater political interference; ### 1. underlines that an independent , impartial , professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some member states whereby media laws and related regulatory and administrative practices allow for political interference;


### 2. is concerned that the current covid-19 pandemic not only continues to have a significant negative impact on public health , social welfare and the economy , but also entails a serious threat to media freedom; warns that governments across the world could use the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; calls on the commission to mobilise funds to encourage anti-corruption investigative journalism; ### 2. is concerned that the current covid-19 pandemic not only continues to have a significant negative impact on public health , social welfare and the economy , but also entails a serious threat to media freedom; warns that governments across the world are using the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; calls on the commission to conduct an audit of government restrictions on media freedoms introduced under the pandemic and call for a full roll-back of these restrictions to the pre-pandemic status;


### 3. highlights that reporters without borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom , as it is often threatened by the rise of populist governments; calls on the member states and the commission to enforce a legal framework to protect journalists and their sources; ### 3. highlights that reporters without borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom , as it is often threatened by the rise of populist governments; calls on the member states and the commission to enforce a legal framework to guarantee media pluralism , ensure full transparency of media ownership , protect media from discriminatory regulatory and market practices and political interference. it further calls for funding mechanisms to support public interest media and investigative journalism that challenges corruption;


### 5. is concerned about the increase in online hate speech , notably against freedom of the press and freedom of expression; stresses the need for better cooperation between authorities and online platform service providers in order to combat hate speech , without destabilising the fundamental right to freedom of expression; ### 5. is concerned about the increase in online hate speech , notably against independent media and journalists , civil society organisations , rights defenders , activists , whistleblowers , artists , and academics , especially those from marginalised groups including women , racialised people , lgbtiq+ people and people with disabilities as well as others which has a significant psychological impact on those affected and creates a chilling effect and threatens freedom of expression and freedom of the press; stresses the need for authorities to act against threats of violence and to work to ensure that online platform service providers effectively address hate speech , without impinging on the freedom of the press and the fundamental right to freedom of expression;


### 6. calls on the member states to guarantee that the public service media is free from censorship and political influence; invites the member states , in this regard , to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency; ### 6. calls on the member states to guarantee that the public service media is free from censorship and political influence; that supervisory boards are appointed by qualified non-partisan individuals that will act in the public interest and not that of any one political party or ideology.


### 7. encourages the member states to introduce effective measures to ensure better protection for the personal safety of journalists , in particular investigative journalists. ### 7. encourages the member states to introduce effective measures to ensure protection for the personal safety of journalists , in particular investigative journalists including through the development and facilitation of international networks with the goal of connecting and protecting those in the media;


### (1) ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation between the member states are among the main objectives of the eu’s area of freedom , security and justice enshrined in title v of the treaty. ### (1) ensuring an effective access of citizens and businesses to justice and facilitating judicial cooperation in civil , commercial and criminal matters between the member states are among the main objectives of the eu’s area of freedom , security and justice enshrined in title v of the treaty.


### (5) the e-codex system consists of two software elements: the domibus gateway software for the exchange of messages with other gateways and the domibus connector software , which provides a number of functionalities related to the transmission of messages between national systems. the gateway is based on the edelivery building block maintained by the commission , while the operational management of the connector is carried out by a consortium of member states and organisations with funding from union programmes (the entity managing the e-codex system). the connector software provides functions such as verification of electronic signatures via a security library and proof of delivery. in addition , the entity managing the e-codex system has developed templates for digital forms to be used in the specific civil and criminal procedures for which it has piloted the e-codex system. ### (5) the e-codex system consists of two software elements: the domibus gateway software for the exchange of messages with other gateways and the domibus connector software , which should provide a number of functionalities related to the transmission of messages between national systems. the gateway is based on the edelivery building block maintained by the commission , while the operational management of the connector is carried out by a consortium of member states and organisations with funding from union programmes (the entity managing the e-codex system). the connector software should provide functions such as verification of electronic signatures via a security library and proof of delivery. in addition , the entity managing the e-codex system should contribute to develop procedural standards defining the electronic structure of the data exchanged to be used in the specific civil and criminal procedures under the e-codex system. such standards should be laid down in implementing acts establishing the detailed rules on the use of the e-codex system.


### (6) given the importance of the e-codex system for cross-border exchanges in the justice area in the union , there should be a sustainable union legal framework establishing the e-codex system and providing rules regarding its functioning and development. such legal framework should clearly define and frame the components of the e-codex system in order to guarantee its technical sustainability. the system should define the it components of an access point , which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. it should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-codex access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation and to enable the exchange of information between the access points. ### (6) given the importance of the e-codex system for cross-border exchanges in the justice area in the union , there should be a sustainable union legal framework establishing the e-codex system and providing rules regarding its functioning and development. such legal framework should clearly define and frame the components of the e-codex system in order to guarantee its technical sustainability. the system should define the it components of an access point , which should consist of a gateway for the purpose of secure communication with other identified gateways and a connector for the purpose of supporting the message exchanges. it should also include digital procedural standards consisting of the business process models and templates defining the electronic format of the documents used in the context of those procedures to support the use of e-codex access points for legal procedures provided for by legal acts adopted in the area of judicial cooperation in civil and criminal matters and to enable the exchange of information between the access points.


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


### (8) the most appropriate entity for the operational management of the system is an agency , since its governance structure allows for the involvement of member states in the operational management of the system through participation in the agency's management board , advisory groups and programme management boards. the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) established by regulation (eu) 2018/1726 of the european parliament and of the council33 has relevant experience in managing large-scale it systems. eu-lisa should therefore be entrusted with the operational management of the e-codex system. it is also necessary to adjust the existing governance structure of eu-lisa by adapting the responsibilities of its management board and by establishing an e-codex advisory group. regulation (eu) 2018/1726 should therefore be amended accordingly. a specific programme management board should also be established. ### (8) the most appropriate entity for the operational management of the system is an agency , since its governance structure allows for the involvement of member states in the operational management of the system through participation in the agency's management board , advisory groups and programme management boards. the european union agency for the operational management of large-scale it systems in the area of freedom , security and justice (eu-lisa) established by regulation (eu) 2018/1726 of the european parliament and of the council33 has relevant experience in managing large-scale it systems. eu-lisa could therefore be entrusted with the operational management of the e-codex system , under certain conditions. it is also necessary to adjust the existing governance structure of eu-lisa by adapting the responsibilities of its management board and by establishing an e-codex advisory group. regulation (eu) 2018/1726 should therefore be amended accordingly. a specific programme management board should also be established.


### (9) according to article 19 of regulation (eu) 2018/1726 the role of the management board of eu-lisa is to ensure that all decisions and actions of the agency affecting large-scale it systems in the area of freedom , security and justice respect the principle of independence of the judiciary. the governance structure of the agency and financing scheme further guarantee the respect of that principle. ìt is also important to involve the legal professions and other stakeholders in the governance of the e-codex system through the programme management board. ### (9) according to article 19 of regulation (eu) 2018/1726 the role of the management board of eu-lisa is , inter alia , to ensure that all decisions and actions of the agency affecting large-scale it systems in the area of freedom , security and justice respect the principle of independence of the judiciary. the governance structure of the agency and financing scheme further guarantee the respect of that principle. ìt is also important to involve the legal practitioners , other experts and other stakeholders , such as the hague conference on private international law and scientific researchers , in the governance of the e-codex system through the advisory group and the programme management board.


### (11) the e-codex system can be used in cross-border civil and criminal proceedings. however , given its open source nature , it could also be used in other situations. this regulation should not apply to any use of the e-codex system which is not based on the legal acts listed in annex i. ### (11) the e-codex system can be used in cross-border civil and criminal matters. however , given its open source nature , it could also be used for other purposes outside of the scope of judicial cooperation under national or union law , as long as such use does not impair the use of the e-codex system for judicial proceedings. this regulation should only apply to the cross-border exchange of data between connected systems via authorised e-codex access points , including any relevant structure involved in the operation of the e-codex system , in accordance with the corresponding digital procedural standards.


### (12) eu-lisa should have responsibility for the components of the e-codex system , except for the operational management of the domibus gateway software , since that software is currently provided on a cross-sectoral basis within the edelivery building block by the commission. eu-lisa should take over full responsibility for the operational management of the domibus connector software and the digital procedural standards from the entity managing the e-codex system. given that the domibus gateway and the domibus connector are integral components of e-codex , eu-lisa should assure compatibility of the connector with the latest version of the gateway. to that end , the commission should include eu-lisa in the relevant governance body of the edelivery building block from the moment of the entry into force of this regulation. ### (12) eu-lisa should have more responsibility for the components of the e-codex system , except for the operational management of the domibus gateway software , since that software is currently provided on a cross-sectoral basis within the edelivery building block by the commission. given that the domibus gateway and the domibus connector are integral components of e-codex , eu-lisa should issue guidance as to how to assure compatibility of the connector with the latest version of the gateway. to that end , the commission should include eu-lisa in the preparatory work undertaken before eu-lisa takes over the e-codex system , and in the relevant governance body of the edelivery building block from the moment of the entry into force of this regulation.


### (15) the member states should maintain a list of authorised e-codex access points operated within their territory , and communicate them to eu-lisa in order to enable the interaction between them in the context of the relevant procedures. the commission should maintain a similar list of authorised e-codex access points operated by the union institutions , bodies and agencies for the same reason. the entities operating the access points at national level may be public authorities , organisations representing legal practitioners or private companies. bearing in mind the decentralised nature of the e-codex system , while eu-lisa should ensure the operational management of the e-codex system , the responsibility for setting up and operating the authorised e-codex access points should lie exclusively with the entities operating the relevant access points. the entities operating the authorised e-codex access point should bear the responsibility for any damage resulting from the operation of the authorised e-codex access point. ### (15) the member states should maintain a list of authorised e-codex access points operated within their territory , and communicate them to eu-lisa in order to enable the interaction between them in the context of the relevant procedures. the commission should maintain a similar list of authorised e-codex access points operated by the union institutions , bodies and agencies for the same reason. the entities operating the access points at national level or union level may be public authorities or legal persons , such as organisations representing legal practitioners or private companies authorised under national or union law to operate the access points. the union institutions , bodies , offices , agencies and european organisations operating as authorised e-codex access points are to comply with the data protection requirements and principles laid down in regulation (eu) 2018/1725 of the european parliament and of the council1a. the entities operating authorised e-codex access points at national level are to comply with the data protection requirements and principles laid down in regulation (eu) 2016/679 of the european parliament and of the council1b and in directive 2002/58/ec of the european parliament and of the council1c. bearing in mind the decentralised nature of the e-codex system , while eu-lisa should ensure the operational management of the e-codex system , the responsibility for setting up and operating the authorised e-codex access points should lie exclusively with the entities operating the relevant access points. the entities operating the authorised e-codex access point should bear the responsibility for any damage resulting from the operation of the authorised e-codex access point. the member states and the commission should ensure that the entities operating the authorised e-codex access points have the necessary technical equipment and human resources in order to guarantee a proper and trustworthy functioning of the e-codex system.


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


### (17) eu-lisa should maintain a high level of security when carrying out its tasks. when undertaking further technical evolutions of software , eu-lisa should implement the principles of security by design and data protection by design and by default , in accordance with regulation (eu) 2018/1725. the entities operating the authorised e-codex access point should bear the responsibility for the security of the data transmitted via their access points. ### (17) eu-lisa should maintain a high level of security when carrying out its tasks. when undertaking further technical evolutions of software , eu-lisa should implement the principles of security by design and data protection by design and by default , in accordance with regulations (eu) 2016/6791a and (eu) 2018/17251b of the european parliament and of the council , as well as with directive 2002/58/ec of the european parliament and of the council1c. the entities operating the authorised e-codex access point should bear the responsibility for the security and the protection of the data transmitted via their access points.


### (20) the handover should also ensure that any intellectual property rights or usage rights relating to the e-codex system and the relevant supporting products are transferred so as to enable eu-lisa to carry out its responsibilities under this regulation. however , for the main software components of the system , a contractual transfer should not be needed , as the domibus software is open source and covered by the european union public licence (eupl). ### (20) the handover should also ensure that any intellectual property rights or usage rights relating to the e-codex system and the relevant supporting products are transferred so as to enable eu-lisa to carry out its responsibilities under this regulation. however , for the main software components of the system , a contractual transfer should not be needed , as the domibus software is open source and covered by the european union public licence (eupl). maintenance and improvements of the software should maintain that licence or make use of compatible open source licencing , and where appropriate , source code contribution policies put into place.


### (21) in order for the commission to be able to evaluate the e-codex system on a regular basis , eu-lisa should report to the commission every two years on the technical evolution and the technical functioning of the e-codex system. in order to feed into that report , member states should provide eu-lisa with the relevant information concerning the access points operated in their territory and the commission should provide similar information concerning the access points operated by union institutions , bodies and agencies. ### (21) in order for the commission to be able to evaluate the e-codex system on a regular basis , eu-lisa should report to the commission every two years on the technical evolution and the technical functioning of the e-codex system. in order to feed into that report , member states should provide eu-lisa with the relevant information concerning the access points operated in their territory and the commission should provide similar information concerning the access points operated by union institutions , bodies and agencies but also union organisations. the information on the evaluation of the e-codex system should be regularly transmitted by the commission to the european parliament and to the council.


### (22) this regulation should not provide any specific legal basis for processing personal data. any processing of personal data performed in the framework of this regulation should be in accordance with the applicable data protection rules. regulation (eu) 2016/679 of the european parliament and the council35 and directive (eu) 2016/680 of the european parliament and the council36 , apply to the processing of personal data carried out by e-codex access points , operated by authorised e-codex access points which are established within the territory of the member states according to this regulation. ### (22) this regulation should not provide any specific legal basis for processing personal data. any processing of personal data performed in the framework of this regulation should be in accordance with the applicable data protection rules. directive 2002/58/ec of the european parliament and of the council34a , regulation (eu) 2016/679 of the european parliament and the council35 and directive (eu) 2016/680 of the european parliament and the council36 , apply to the processing of personal data carried out by e-codex access points , operated by authorised e-codex access points which are established within the territory of the member states according to this regulation.


### this regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e-codex system in accordance with the legal acts adopted in the area of judicial cooperation listed in annex i. ### this regulation shall apply to the electronic transmission of information in the context of judicial cooperation in cross-border civil and criminal matters by means of the e-codex system in accordance with the legal acts adopted in the area of judicial cooperation in civil and criminal matters within the competence of the union.


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


### ‘entity operating an authorised e-codex access point’ means a union institution , body or agency , a national public authority or legal person which is operating an authorised e-codex access point; ### ‘entity operating an authorised e-codex access point’ means a union institution , body , office , agency or organisation , a national public authority or legal person which is operating an authorised e-codex access point;


### ‘central testing platform’ means an e-codex access point used exclusively for testing , that provides a set of functions which can be used by entities operating authorised e-codex access points to verify the correct operation of their access points and the correct use of the e-codex digital procedural standards in the connected systems linked to these access points; ### ‘central testing platform’ means an e-codex access point used exclusively for testing , that provides a set of functions which can be used by entities operating authorised e-codex access points to verify the correct operation of their access points and the correct use of the e-codex digital procedural standards in the connected systems linked to these access points , while ensuring the integrity and availability of the rest of the e-codex system;


### 3. a digital procedural standard shall consist of the business process models and the templates defining the electronic format of the documents used in the context of the procedures laid down by legal acts listed in annex i. ### 3. a digital procedural standard shall consist of the business process models defining the electronic format of the documents used in the context of the procedures laid down by the legal acts referred to in article 2.


### 4. the commission shall maintain a list of authorised e-codex access points which are operated by union institutions , bodies and agencies , and the cross-border civil and criminal procedures as well as forms which each access point is authorised to apply. it shall notify the changes to eu-lisa without delay , without prejudice to the annual notification provided for in article 14. ### 4. the commission shall maintain a list of authorised e-codex access points which are operated by union institutions , bodies , offices and agencies , as well as european organisations , and the cross-border civil and criminal matters as well as the digital procedural standards with which each access point is authorised to operate. it shall notify the changes to eu-lisa without delay , without prejudice to the annual notification provided for in article 14.


### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii. ### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii , according to the conditions laid down in the relevant delegated acts.


### maintenance and distribution to the authorised e-codex access points of the business process models , of the templates defining the electronic format of documents referred to in article 4(3) and of the underlying pre-defined collection of data models; ### maintenance and distribution to the authorised e-codex access points of the digital procedural standards defining the electronic format of data referred to in article 4(3) and of the underlying pre-defined collection of data models;


### preparation and distribution to the authorised e-codex access points of new business process models and templates defining the electronic format of documents referred to in article 4(3) , including by organising and facilitating workshops with the e-codex correspondents. ### preparation and distribution to the authorised e-codex access points of new digital procedural standards , including by organising and facilitating workshops with the e-codex correspondents.


### 3. eu-lisa shall be responsible for the following additional tasks: ### 3. eu-lisa shall be responsible for the following additional tasks , in accordance with the conditions laid down in the relevant delegated acts:


### 1. member states shall maintain a list of authorised e-codex access points , operated within their territory , and the cross-border civil and criminal procedures as well as forms which each access point is authorised to apply. they shall notify the changes to eu-lisa without delay , without prejudice to the annual notification provided for in article 14. ### 1. member states shall maintain a list of authorised e-codex access points , operated within their territory and , when relevant , operated in third countries , and the cross-border civil and criminal procedures as well as the digital procedural standards which each access point is authorised to apply. they shall notify the changes to eu-lisa without delay , without prejudice to the annual notification provided for in article 14.


### 2. each member state shall designate up to five e-codex correspondents. only those correspondents shall be entitled to request and receive the technical support referred to in article 6(2)(f). ### 2. each member state shall designate up to ten e-codex correspondents. only those correspondents , as defined in point (ba) of article 3 shall be entitled to request and receive the technical support referred to in article 6(2)(f).


### 2. the entity operating an authorised e-codex access point shall provide for a mechanism in its connected system(s) allowing for the retrieval of relevant data on the use of cross-border civil and criminal procedures in accordance with the relevant provisions of the legal acts listed in annex i. ### 2. the entity operating an authorised e-codex access point shall provide for a mechanism in its connected system(s) allowing for the retrieval of relevant data on the use of cross-border civil and criminal procedures in accordance with the relevant provisions of the legal acts referred to in article 2.


### 3. the responsibility for any damage resulting from the operation of an authorised e-codex access point and any connected systems shall be borne by the entity operating that authorised e-codex access point. ### 3. the responsibility for any damage resulting from the operation of an authorised e-codex access point and any connected systems shall be borne by the entity operating that authorised e-codex access point , which can claim compensation from a responsible third person or entity , under judicial oversight , when relevant.


### it shall without delay notify any security issue to eu-lisa and to the member state that maintains the list of authorised e-codex access points where that access point is listed , or , in the case of an access point operated by a union institution , body or agency , to the commission. ### it shall without delay notify any security issue to eu-lisa and to the member state that maintains the list of authorised e-codex access points where that access point is listed , or , in the case of an access point operated by a union institution , body , agency or organisation , to the commission.


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


### 4. the e-codex advisory group shall involve in its work the professional organisations and other stakeholders , which participated in the management of the e-codex system at the time of its handover. ### 4. the e-codex advisory group shall involve in its work the legal practitioners , other experts and other stakeholders , which participated in the management of the e-codex system at the time of its handover and which can provide technical support for the further operation of the e-codex system , notably by providing scientific research support.


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


### 2. the programme management board shall be composed of eight members appointed by the management board , the chair of the advisory group referred to in article 11 and one member appointed by the commission. the management board shall ensure that the members it appoints to the programme management board have the necessary experience and expertise regarding the e-codex system. ### 2. the programme management board shall be composed of eleven members: the chair of the advisory group referred to in article 11 , eight members appointed by the management board , one member appointed by the commission and one member appointed by the parliament. the management board shall ensure that the members it appoints to the programme management board have the necessary experience and expertise regarding the e-codex system , with at least half of them being women.


### admission of experts to the meetings , including professional organisations and other stakeholders , participating in the management of the e-codex system at the moment of its handover; ### admission of experts to the meetings , including professional organisations and other stakeholders , including from academia , participating in the management of the e-codex system at the moment of its handover;


### eu-lisa shall perform tasks related to the provision of training on the technical use of the e-codex system in accordance with regulation (eu) 2018/1726 , including provision of online training material. ### eu-lisa shall perform tasks related to the provision of training on the technical use of the e-codex system towards all relevant stakeholders in accordance with regulation (eu) 2018/1726 , including provision of online training material.


### the number and type of incidents encountered by entities operating authorised e-codex access points within the territory of the member state and impacting the security of the e-codex system. ### the number and type of incidents encountered by entities operating authorised e-codex access points and impacting the security of the e-codex system.


### the list of authorised e-codex access points that are operated by union institutions , bodies and agencies , and the cross-border civil and criminal procedures and forms that each e-codex access point is authorised to apply , referred to in article 5(4); ### the list of authorised e-codex access points and the cross-border civil and criminal procedures and forms that each e-codex access point is authorised to apply , referred to in article 5(4);


### the number of messages sent and received by each authorised e-codex access point operated by union institutions , bodies and agencies , grouped by corresponding authorised e-codex access point and cross-border civil and criminal procedure; ### the number of messages sent and received by each authorised e-codex access point grouped by corresponding authorised e-codex access point and cross-border civil and criminal procedure;


### the number and type of incidents encountered by entities operating authorised e-codex access points that are operated by union institutions , bodies and agencies and impacting the security of the e-codex system. ### the number and type of incidents encountered by entities operating authorised e-codex access points that are impacting the security of the e-codex system.


### 3. for the first time , three years after eu-lisa takes over responsibility for the e-codex system , and every four years thereafter , the commission shall produce an overall evaluation of the e-codex system. that overall evaluation shall include an assessment of the application of this regulation and an examination of results achieved against objectives , and may propose possible future actions. at the time of the first evaluation , the commission shall also reexamine the role of the programme management board and its continuation. the commission shall transmit the evaluation report to the european parliament and the council. ### 3. for the first time , two years after eu-lisa takes over responsibility for the e-codex system , and every three years thereafter , the commission shall produce an overall evaluation of the e-codex system. that overall evaluation shall include an assessment of the application of this regulation and an examination of results achieved against objectives , and may propose possible future actions. at the time of the first evaluation , the commission shall also reexamine the role of the programme management board and its continuation. the commission shall transmit the evaluation report to the european parliament and the council.


### advise the commission , where requested by it , on regulatory , technical or practical aspects pertinent to the consistent application of this regulation and implementation of directive 2010/13/eu as well as all on other matters related to media services within its competence. where the commission requests advice or opinions from the board , it may indicate a time limit , taking into account the urgency of the matter; ### advise the commission , on its own initiative or where requested by it , on regulatory , technical or practical aspects pertinent to the consistent application of this regulation and implementation of directive 2010/13/eu as well as all on other matters related to media services within its competence. where the commission requests advice or opinions from the board , it may indicate a time limit , taking into account the urgency of the matter;


### when requested by the commission , provide opinions on the technical and factual issues that arise with regard to article 2(5c) , article 3(2) and (3) , article 4(4) , point (c) and article 28a(7) of directive 2010/13/eu; ### on its own initiative or when requested by the commission , provide opinions on the technical and factual issues that arise with regard to article 2(5c) , article 3(2) and (3) , article 4(4) , point (c) and article 28a(7) of directive 2010/13/eu;


### in agreement with the commission , draw up opinions with respect to: ### draw up opinions with respect to:


### (ii) media market concentrations which are likely to affect the functioning of the internal market for media services , in accordance with article 22(1) of this regulation; ### (ii) market concentrations which are likely to affect the functioning of the internal market for media services , in accordance with article 22(1) of this regulation;


### 1. providers of very large online platforms shall provide a functionality allowing recipients of their services to declare that: ### 1. providers of very large online platforms shall ensure that their content moderation processes have adequate and sufficient personnel , linguistic range and cultural sensitivity and context-specific training , to ensure that freedom and pluralism of the media is not undermined.


### it is a media service provider within the meaning of article 2(2); ### deleted


### it is editorially independent from member states and third countries; and ### deleted


### it is subject to regulatory requirements for the exercise of editorial responsibility in one or more member states , or adheres to a co-regulatory or self-regulatory mechanism governing editorial standards , widely recognised and accepted in the relevant media sector in one or more member states. ### deleted


### 2. where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/xxx [digital services act] , to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect. ### 2. where a provider of very large online platform decides to remove content , particularly content posted by a media service provider or linking to content under its editorial control , on the grounds that such content is incompatible with its terms and conditions , without that content otherwise contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/2065 [digital services act] , it shall take all reasonable measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/2065 [digital services act] , to communicate to the entity that posted the content the statement of reasons accompanying that decision , as required by article 17 of regulation (eu) 2022/2065 [digital services act] , if possible prior to the suspension taking effect.


### 3. providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under article 11 of regulation (eu) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this article are processed and decided upon with priority and without undue delay. ### 3. providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under article 86 of regulation (eu) 2022/2065 [digital services act] by representative bodies including those representing media service providers are decided upon without undue delay.


### 4. where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds , the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider , upon its request , in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. the media service provider may notify the outcome of such exchanges to the board. ### 4. where trends identified under article 18 suggest that very large online platforms frequently restrict or suspend the provision of its services in relation to content posted by one or more media service provider(s) without sufficient grounds and in a manner that undermines media freedom and pluralism , the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider(s) , upon their request , in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future.


### the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this article is incompatible with their terms and conditions; and ### the number of instances where they imposed any restriction or suspension on the grounds that the content posted by a media service provider; and


### 6. with a view to facilitating the consistent and effective implementation of this article , the commission may issue guidelines to establish the form and details of the declaration set out in paragraph 1. ### deleted


### structured dialogue ### structured forum


### 1. the board shall regularly organise a structured dialogue between providers of very large online platforms , representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of article 17 of this regulation , to foster access to diverse offers of independent media on very large online platforms and to monitor adherence to self-regulatory initiatives aimed at protecting society from harmful content , including disinformation and foreign information manipulation and interference. ### 1. the board shall regularly organise a structured forum between providers of very large online platforms , representatives of media service providers and representatives of civil society to discuss experience and best practices in the application of article 17 of this regulation , in particular , to identify numbers and trends related to the subject matter , volume , and affected parties.


### 2. the board shall report on the results of the dialogue to the commission. ### 2. the board shall report on the results of the forum to the commission.


### right of customisation of audiovisual media offer ### right of customisation of media offer


### 1. users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of audiovisual media services in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. this provision shall not affect national measures implementing article 7a of directive 2010/13/eu. ### 1. users shall have a right to easily change the default settings of any device or user interface controlling or managing access to and use of media services , including through the use of third party recommender systems , as defined in article 3 of regulation 2022/2065 , in order to customise the audiovisual media offer according to their interests or preferences in compliance with the law. this provision shall not affect national measures implementing article 7a of directive 2010/13/eu.


### 4. the board , upon request of the commission , shall draw up an opinion where a national legislative , regulatory or administrative measure is likely to affect the functioning of the internal market for media services. following the opinion of the board , and without prejudice to its powers under the treaties , the commission may issue its own opinion on the matter. opinions by the board and , where applicable , by the commission shall be made publicly available. ### 4. the board , either on its own initiative or upon request of the commission or the media service provider affected by the measure , shall draw up an opinion where a national legislative , regulatory or administrative measure is likely to affect the functioning of the internal market for media services. following the opinion of the board , and without prejudice to its powers under the treaties , the commission may issue its own opinion on the matter. opinions by the board and , where applicable , by the commission shall be made publicly available.


### assessment of media market concentrations ### assessment of concentrations affecting the media market


### member states shall provide , in their national legal systems , substantive and procedural rules which ensure an assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. these rules shall: ### member states shall provide , in their national legal systems , substantive and procedural rules which ensure an assessment of concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence. these rules shall:


### require the parties to a media market concentration that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies; ### require the parties to concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence to notify that concentration in advance to the relevant national authorities or bodies;


### set out in advance objective , non-discriminatory and proportionate criteria for notifying media market concentrations that could have a significant impact on media pluralism and editorial independence and for assessing the impact of media market concentrations on media pluralism and editorial independence. ### set out in advance objective , non-discriminatory and proportionate criteria for notifying concentrations affecting the media market that could have a significant impact on media pluralism and editorial independence and for assessing the impact of such concentrations on media pluralism and editorial independence.


### the impact of the concentration on media pluralism , including its effects on the formation of public opinion and on the diversity of media players on the market , taking into account the online environment and the parties’ interests , links or activities in other media or non-media businesses; ### the impact of the concentration on media pluralism , including its effects on the formation of public opinion and on the diversity of players on the market , taking into account the online environment and the parties’ interests , links or activities in other media or non-media businesses;


### whether , in the absence of the concentration , the acquiring and acquired entity would remain economically sustainable , and whether there are any possible alternatives to ensure its economic sustainability. ### whether , in the absence of the concentration , the acquiring and acquired entity would remain economically sustainable , and whether there are any possible alternatives to ensure its economic sustainability , which would not undermine freedom and pluralism of the media.


### 3. the commission , assisted by the board , may issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of media market concentrations on media pluralism and editorial independence by the national regulatory authorities or bodies. ### 3. the board may issue guidelines on the factors to be taken into account when applying the criteria for assessing the impact of concentrations affecting the media market on media pluralism and editorial independence by the national regulatory authorities or bodies. it may request assistance from the commission when fulfilling this function.


### 4. the national regulatory authority or body shall consult the board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal market. ### 4. the national regulatory authority or body shall consult the board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable concentrations affecting the media market where such concentrations may affect the functioning of the internal market.


### 1. in the absence of an assessment or a consultation pursuant to article 21 , the board , upon request of the commission , shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence , where a media market concentration is likely to affect the functioning of the internal market for media services. the board shall base its opinion on the elements set out in article 21(2). the board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the commission. ### 1. in the absence of an assessment or a consultation pursuant to article 21 , the board shall draw up an opinion on the impact of a concentration affecting the media market on media pluralism and editorial independence , where a concentration is likely to affect the functioning of the internal market for media services. the board shall base its opinion on the elements set out in article 21(2). the board may bring concentrations likely to affect the functioning of the internal market for media services to the attention of the commission.


### 3. national regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems , together with media service providers , their representative organisations and any other interested parties , that are intended to contribute to compliance with the principles referred to in paragraph 1 , including by promoting independent and transparent audits. ### 3. national regulatory authorities or bodies shall encourage the drawing up of codes of conduct by providers of audience measurement systems , together with media service providers , their representative organisations , civil society and any other interested parties , that are intended to contribute to compliance with the principles referred to in paragraph 1 , including by promoting independent and transparent audits.


### 2. public authorities , including national , federal or regional governments , regulatory authorities or bodies , as well as state-owned enterprises or other state-controlled entities at the national or regional level , or local governments of territorial entities of more than 1 million inhabitants , shall make publicly available accurate , comprehensive , intelligible , detailed and yearly information about their advertising expenditure allocated to media service providers , which shall include at least the following details: ### 2. public authorities , at union , national , federal or regional level , regulatory authorities or bodies , as well as state-owned enterprises or other state-controlled entities at the national or regional level , or local governments of territorial entities shall make publicly available through electronic and user-friendly means , accurate , comprehensive , intelligible , detailed and yearly information about their advertising expenditure allocated to media service providers , which shall include at least the following details:


### the total annual amount spent as well as the amounts spent per media service provider. ### the total annual amount spent;