### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the rule of law and the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information and the rights to privacy and the protection of personal data , which constitute one of the essential foundations of a pluralist , democratic society , and one of the values on which the union is founded . measures taken to remove terrorist content online constitute an interference in the freedom of expression and information , and therefore should be strictly targeted , necessary , appropriate and proportionate to help the fight against terrorism , including investigation and prosecution of terrorist offences , in the sense that they must serve to address the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . __________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and the competent authority should take to restrict the dissemination of terrorist content online , this regulation should establish a definition of terrorist content in line with the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council 9 . given the need to address terrorist propaganda online , the definition should capture material and information that intentionally incites or advocates the commission of terrorist offences , or intentionally provides instructions for the making and use of explosives , firearms or other weapons or noxious or hazardous substances for the purpose of the commission of such offences , knowing that the skills provided are intended to be used for this purpose , or participates in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities should take into account factors such as the nature and wording of the statements , the context in which the statements were made , their intentionality and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the content was produced by , are attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , counter - narrative , journalistic or research purposes should be strongly protected . where the disseminated material is published under the editorial responsibility of the hosting provider , any decision as to the removal of such content should take into account the journalistic standards established by press or media regulation consistent with the law of the union and the right to freedom of expression and the right to freedom and pluralism of the media as enshrined in article 11 of the charter of fundamental rights . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . the right to such expression can be invoked before the court of the member state where the hosting service provider has its main establishment or where the legal representative designated by the hosting service provider pursuant to this regulation resides or is established , as well as the court of the member state where the content provider is based . __________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .


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


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to the extent that it is possible to identify and remove specific content that is the subject of this regulation , to information society services which store information provided by a recipient of the service at his or her request and in making the information stored directly available to the public . the definition of hosting service providers is therefore distinct from and narrower than that employed in directive 2000 / 31 / ec . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information publicly available and accelerate the dissemination of content . providers of services such as online encyclopaedias , educational and scientific repositories , open source software developing platforms , cloud infrastructure service providers and cloud providers , should not be considered hosting service providers within the meaning of this regulation . mere conduits and other electronic communication services within the meaning of directive 2018 / 1972 or providers of caching services , or other services provided in other layers of the internet infrastructure , such as registries and registrars , dns or adjacent services , such as payment services or ddos protection services are excluded from the scope . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services whose main or one of the main purposes is to offer the storage of information provided by a recipient of the service at his or her request and in making the information stored available to the public , and who has general control of and access to the content data stored and processed , irrespective of whether this activity is of a mere technical , automatic and passive nature , and irrespective of whether a payment of the user is required . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other online services to the extent they make the information available to the public . the regulation should also apply to hosting service providers established outside the union but offering services to users who are within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services , and whether these services are specifically targeted at users in the union . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . by contrast , services which consist of providing mere technical facility such as ‘ cloud services’ which consist in the provision of on demand physical or virtual resources that provide computing and storage infrastructure capabilities on which the service provider has no contractual rights as to what content is stored or how it is processed or made publicly available by its customers or by the end - users of such customers , and where the service provider has no technical capability to remove specific content stored by their customers or the end - users of their customers , or services that consist of selling goods on - line , delivery of goods as such , or the provision of services off - line , or private websites , including blogs , should not be considered as hosting service providers within the scope of this regulation . mere conduits and other electronic communication services within the meaning of directive xxx / 2019 of the european parliament and of the council [ european electronic communication code ] or providers of caching services , or other services provided in other layers of the internet infrastructure , such as registries and registrars , dns or adjacent services , such as payment services or ddos protection services should also not be understood as hosting service providers . the same is the case for interpersonal communication services that enable direct interpersonal and interactive exchange of information between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient .


### hosting service providers should apply certain duties of care , in order to prevent the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information . ### hosting service providers exposed to terrorist content should apply certain duties of care , in order to restrict the dissemination of terrorist content on their services . these duties of care should not amount to a general obligation on hosting service providers to monitor the information which they store , nor to a general obligation to actively seek facts or circumstances indicating illegal activity . duties of care should include that , when applying this regulation , hosting services providers act in a transparent , diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information and freedom and pluralism of the media .


### hosting service providers should apply certain duties of care , in order to prevent the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information . ### without prejudice to article 15 of directive 2000 / 31 / ec , hosting service providers that have been exposed to a significant number of uncontested removal orders should apply certain duties of care , in order to address the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information and freedom and pluralism of the media .


### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the identity of the sender , the accuracy of the date and the time of sending and receipt of the order , such as by electronically signed email or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services with qualified electronic signatures as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### when putting in place proactive measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect terrorist content . any decision to use automated means , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . ### when putting in place specific measures , hosting service providers should ensure that users’ rights to freedom of expression and information - including to freely receive and impart information - as well as the right to privacy and personal data protection is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight , as well as including verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . any decision to use measures against terrorist content , including voluntary ones , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . in any case , hosting service providers should undertake a fundamental rights audit for any voluntary or specific measures they use .


### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content . ### in order to ensure that hosting service providers exposed to terrorist content take appropriate specific measures to protect their services against misuse , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on any specific measures taken , where applicable . the service provider should report on the specific measures in place in order to allow the competent authority to judge whether the measures are necessary , effective and proportionate and whether , the specific measures are based on human oversight and verification . in assessing the effectiveness , necessity and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content as well as the safeguards put in place to protect freedom of expression and information and the number of incidents of restrictions on legal content .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation , and should also take into account the situation of subsidiaries or linked undertakings where applicable . member states should adopt rules on penalties , including , where appropriate , fining guidelines . penalties should be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within the period specified by the competent authority . when assessing the nature of the breach and deciding upon applying penalties , full respect should be given to fundamental rights , such as the freedom of expression . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider , unintentional delays , in particular by small and medium sized businesses and start - ups . member states should ensure that penalties do not encourage the removal of content which is not terrorist content .


### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation no sooner than three years after its entry into force . the evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu added value . it will assess the functioning of the different operational and technical measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected rights and interests of third parties , including a review of the requirement to inform content providers . ### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation three years after its entry into force . it will assess the functioning of the different measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected fundamental rights , including the freedom of expression and information , the right to freedom and pluralism of the media , the freedom to conduct a business and the rights to privacy and protection of personal data .


### this regulation shall apply to hosting service providers offering services in the union , irrespective of their place of main establishment . ### this regulation shall apply to exposed hosting service providers offering services in the union , irrespective of their place of main establishment .


### ' content provider ' means a user who has provided information that is , or that has been , stored at the request of the user by a hosting service provider ; ### ' content provider ' means a user who has provided content data that is , or that has been , stored and made available to the public at the request of the user by a hosting service provider ;


### instructing on methods or techniques for the purpose of committing terrorist offences . ### providing instruction on the making or use of explosives , firearms or other weapons or noxious or hazardous substances , or on other specific methods or techniques for the purpose of committing or contributing to the commission of , one of the terrorist offences listed in points to of article 3 of directive 2017 / 541 , knowing that the skills provided are intended to be used for this purpose , is punishable as a criminal offence when committed intentionally .


### where relevant , the decision not to disclose information about the removal of terrorist content or the disabling of access to it referred to in article 11 . ### where necessary and proportionate , the decision not to disclose information about the removal of terrorist content or the disabling of access to it referred to in article 11 ;


### the competent authorities shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to article 16 and transmit it to the point of contact referred to in article 14 . such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender , including the accuracy of the date and the time of sending and receipt of the order . ### the competent authorities shall address removal orders to the main establishment of the hosting service provider or to the legal representative designated by the hosting service provider pursuant to article 16 and transmit it to the point of contact referred to in article 14 . such orders shall be sent by electronic means capable of producing a written record under conditions allowing to establish the authentication of the sender , including the accuracy of the date and the time of sending and receipt of the order , pursuant to point of paragraph 3 .


### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1 . ### the terrorist content and related user data referred to in paragraph 1 shall be preserved for six months and shall be erased thereafter . the terrorist content shall be preserved for a longer period when and for as long as necessary for ongoing proceedings of : administrative or judicial review referred to in paragraph 1 , upon request from the competent authority or court ; the prevention , detection , investigation and prosecution of terrorist offences referred to in paragraph 1 , upon request from the prosecutor or judge leading the respective criminal proceedings , complaints referred to in paragraph 1 , upon request of the complaint body of or acting on behalf of the hosting service provider .


### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1 . ### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a specifically defined longer period when and for as long as necessary for investigation or prosecution of terrorist offences or ongoing proceedings of administrative or judicial review referred to in paragraph 1 .


### transparency obligations ### transparency obligations for hosting service providers


### hosting service providers shall establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to article 5 or of proactive measures pursuant to article 6 , to submit a complaint against the action of the hosting service provider requesting reinstatement of the content . ### hosting service providers shall establish effective and easily accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of specific additional measures pursuant to article 6 , or of a referral by europol within the meaning of article 4 of regulation 2016 / 794 , to submit a complaint against the action of the hosting service provider requesting reinstatement of the content .


### hosting service providers shall establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a referral pursuant to article 5 or of proactive measures pursuant to article 6 , to submit a complaint against the action of the hosting service provider requesting reinstatement of the content . ### hosting service providers shall establish effective and accessible mechanisms allowing content providers whose content has been removed or access to it disabled as a result of a removal order pursuant to article 4 , a referral pursuant to article 5 , specific measures pursuant to article 6 or of additional voluntary measures , to submit a complaint against the action of the hosting service provider requesting reinstatement of the content . safeguards relating to removal or disabling of access shall also include the possibility of judicial redress .


### the obligation pursuant to paragraphs 1 and 2 shall not apply where the competent authority decides that there should be no disclosure for reasons of public security , such as the prevention , investigation , detection and prosecution of terrorist offences , for as long as necessary , but not exceeding [ four ] weeks from that decision . in such a case , the hosting service provider shall not disclose any information on the removal or disabling of access to terrorist content . ### the obligation pursuant to paragraph 1 shall not apply where the competent authority decides that there should be no disclosure for reasons of public security , such as the prevention , investigation , detection and prosecution of terrorist offences , for as long as necessary , but not exceeding four weeks from that decision . in such a case , the hosting service provider shall not disclose any information on the removal or disabling of access to terrorist content .


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


### where a hosting service provider fails to designate a legal representative , all member states shall have jurisdiction . ### where a hosting service provider which does not have its main establishment within one of the member states fails to designate a legal representative , all member states shall have jurisdiction .


### by [ six months after the entry into force of this regulation ] at the latest member states shall notify the commission of the competent authorities referred to in paragraph 1 . the commission shall publish the notification and any modifications of it in the official journal of the european union . ### by [ six months after the entry into force of this regulation ] at the latest member states shall notify the commission of the competent authority referred to in paragraph 1 . the commission shall publish the notification and any modifications of it in the official journal of the european union .


### the level of cooperation of the hosting service provider with the competent authorities . ### the level of cooperation of the hosting service provider , or their representatives , with the competent authorities ;


### technical requirements and amendments to the templates for removal orders ### technical requirements , criteria for assessing significance , and amendments to the templates for removal orders


### information about the number of removal orders and referrals issued , the number of pieces of terrorist content which has been removed or access to it disabled , including the corresponding timeframes pursuant to articles 4 and 5 ; ### information about the number of removal orders issued , the number of pieces of terrorist content which has been removed or access to it disabled , including the corresponding timeframes pursuant to articles 4 , and information on the number of corresponding cases of successful detection , investigation and prosecution of terrorist offences


### information about competent body or court , deadlines and procedures for contesting the removal order : ### information about competent body or court , deadlines and procedures including formal requirements for contesting the removal order :


### standardisation should remain primarily a market - driven process . however there may still be situations where it is appropriate to require compliance with specified standards at union level to ensure interoperability in the single market . at national level , member states are subject to the provisions of directive 2015 / 1535 / eu . standardisation procedures under this directive are without prejudice to the provisions of the radio equipment directive 2014 / 53 / eu , the low voltage directive 2014 / 35 / eu and the electromagnetic compatibility directive 2014 / 30 / eu . ### standardisation should remain primarily a market - driven process . however there may still be situations where it is appropriate to require compliance with specified standards at union level to in order to improve interoperability , freedom of choice for users and encourage interconnectivity in the single market . at national level , member states are subject to the provisions of directive 2015 / 1535 / eu . standardisation procedures under this directive are without prejudice to the provisions of the radio equipment directive 2014 / 53 / eu , the low voltage directive 2014 / 35 / eu and the electromagnetic compatibility directive 2014 / 30 / eu .


### massive growth in radio spectrum demand , and in end - user demand for wireless broadband capacity , calls for solutions allowing alternative , complementary , spectrally efficient access solutions , including low - power wireless access systems with a small - area operating range such as radio local area networks and networks of low - power small - size cellular access points . such complementary wireless access systems , in particular publicly accessible rlan access points , increase access to the internet for end - users and mobile traffic off - loading for mobile operators . rlans use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right . most rlan access points are so far used by private users as local wireless extension of their fixed broadband connection . end - users , within the limits of their own internet subscription , should not be prevented from sharing access to their rlan with others , so as to increase the number of available access points , particularly in densely populated areas , maximise wireless data capacity through radio spectrum re - use and create a cost - effective complementary wireless broadband infrastructure accessible to other end - users . therefore , unnecessary restrictions to the deployment and interlinkage of rlan access points should also be removed . public authorities or public service providers , who use rlans in their premises for their personnel , visitors or clients , for example to facilitate access to e - government services or for information on public transport or road traffic management , could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises , to the extent allowed by competition and public procurement rules . moreover , the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non - commercial basis or as an ancillary service to another activity that is not dependant on such access can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end - users or interconnection . however , such provider should remain subject to the liability rules of article 12 of directive 2000 / 31 / ec on electronic commerce35 . further technologies such as lifi are emerging that will complement current radio spectrum capabilities of rlans and wireless access point to include optical visible light - based access points and lead to hybrid local area networks allowing optical wireless communication . _________________ 35 directive2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market , . ### massive growth in radio spectrum demand , and in end - user demand for wireless broadband capacity , calls for solutions allowing alternative , complementary , spectrally efficient access solutions , including low - power wireless access systems with a small - area operating range such as radio local area networks and networks of low - power small - size cellular access points . such complementary wireless access systems , in particular publicly accessible rlan access points , increase access to the internet for end - users and mobile traffic off - loading for mobile operators . rlans use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right . most rlan access points are so far used by private users as local wireless extension of their fixed broadband connection . end - users , within the limits of their own internet subscription , should be encouraged to share access to their rlan with others , so as to increase the number of available access points , particularly in densely populated areas , maximise wireless data capacity through radio spectrum re - use and create a cost - effective complementary wireless broadband infrastructure accessible to other end - users . therefore , unnecessary restrictions to the deployment and interlinkage of rlan access points should also be removed . public authorities or public service providers , who use rlans in their premises for their personnel , visitors or clients , for example to facilitate access to e - government services or for information on public transport or road traffic management , could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises , to the extent allowed by competition and public procurement rules . moreover , the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non - commercial basis or as an ancillary service to another activity that is not dependant on such access can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end - users or interconnection . however , such provider , as well as end users or consumers sharing access should remain subject to the liability rules of article 12 of directive 2000 / 31 / ec on electronic commerce35 . further technologies such as lifi are emerging that will complement current radio spectrum capabilities of rlans and wireless access point to include optical visible light - based access points and lead to hybrid local area networks allowing optical wireless communication . _________________ 35 directive2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market , .


### in case such interoperability issues arise , the commission may request a berec report which should provide a factual assessment of the market situation at the union and member states level . on the basis of the berec report and other available evidence and taking into account the effects on the internal market , the commission should decide whether there is a need for regulatory intervention by national regulatory authorities . if the commission considers that such regulatory intervention should be considered by national regulatory authorities , it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by nras , including in particular measures to impose the mandatory use of standards or specifications on all or specific providers . the terms ' european standards ' and ' international standards ' are defined in article 2 of regulation no 1025 / 2012 . 36 national regulatory authorities should assess , in the light of the specific national circumstances , whether any intervention is necessary and justified to ensure end - to - end - connectivity or access to emergency services , and if so , impose proportionate obligations in accordance with the commission implementing measures . __________________ 36 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council [ oj l 364 of 14 . 11 . 2012 , p . 12 ] ### in case such interoperability issues arise , the commission may request a berec report which should provide a factual assessment of the market situation at the union and member states level . on the basis of the berec report and other available evidence and taking into account the effects on the internal market , the commission should decide whether there is a need for regulatory intervention by national regulatory authorities . if the commission considers that such regulatory intervention should be considered by national regulatory authorities , it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by nras , including in particular measures to impose the mandatory use of standards or specifications on all or specific providers . the terms ' european standards ' and ' international standards ' are defined in article 2 of regulation no 1025 / 2012 . 36national regulatory authorities should assess , in the light of the specific national circumstances , whether any intervention is necessary and justified to ensure end - to - end - connectivity or access to emergency services , and if so , impose proportionate obligations in accordance with the commission implementing measures and without additional requirements to it . __________________ 36 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council [ oj l 364 of 14 . 11 . 2012 , p . 12 ]


### while it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end - to - end connectivity or interoperability of services , it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and , in particular , its notification procedures . ### while it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end - to - end connectivity or interoperability of services . such obligations must only be imposed where justified in order to secure the objectives of this directive , and where they are objectively justified , transparent , proportionate and non - discriminatory for the purpose of promoting efficiency , sustainable competition , efficient investment and innovation , giving the maximum benefit to end - users and imposed in conformity with the regulatory framework and , in particular , its notification procedures .


### universal service is a safety net to ensure that a set of minimum services is available to all end - users at an affordable price , where a risk of social exclusion arising from the lack of such access prevents citizens from full social and economic participation in society . ### universal service is a safety net to ensure that a set of minimum services is available to all consumers at an affordable price , where a risk of social exclusion arising from the lack of such access prevents citizens from full social and economic participation in society .


### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to disabled end - users , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users . this could involve the provision of special terminal devices . ### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to end - users with disabilities , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users through total conversation services or the use of third party relay services interoperable with the telephony networks across the eu . this could also involve the provision of special terminal devices people with disabilities when the abovementioned ways of communication are not suitable for them .


### in order to ensure that disabled end - users benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , consumer protection requirements for disabled end - users to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that disabled end - users take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , as those offered to their other end - users , irrespective of any additional costs incurred by these undertakings . other requirements can relate to wholesale arrangements between undertakings . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures . ### member states should ensure that end - users with disabilities enjoy equivalent access and choice to electronic communication services , in line with the un convention on the rights of persons with disabilities and the universal design approach . in particular , in order to ensure that end - users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , and after consulting representative organisations of persons with disabilities , consumer protection requirements for end - users with disabilities to be met by providers of publicly available electronic communications services and related terminal equipment . such requirements can include , in particular , that providers ensure that end - users with disabilities take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , and access to related terminal equipment as those offered to their other end - users , irrespective of any additional costs incurred by these providers . other requirements can relate to wholesale arrangements between providers . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures .


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


### promote access to , and take - up of , very high capacity data connectivity , both fixed and mobile , by all union citizens and businesses ; ### promote the availability and affordability of and access to very high capacity data connectivity , both fixed and mobile and of interpersonal communications services , by all union citizens and businesses ;


### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs . ### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules , by ensuring equivalent access and choice for end - users with disabilities and by addressing the needs , such as for affordable prices , of specific social groups , in particular users with disabilities , elderly users and users with special social needs .


### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights concerning publicly available electronic communications services , in particular where they have a significant impact on the market . ### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights , including equivalent access and choice for end - users with disabilities , concerning publicly available electronic communications services , in particular where they have a significant impact on the market .


### in particular , member states shall ensure that national regulatory authorities establish a consultation mechanism ensuring that in their decisions on issues related to end - user and consumer rights concerning publicly available electronic communications services , due consideration is given to consumer interests in electronic communications . ### in particular , member states shall ensure that national regulatory authorities establish a consultation mechanism , accessible for persons with disabilities , ensuring that in their decisions on issues related to end - user and consumer rights concerning publicly available electronic communications services , due consideration is given to consumer interests in electronic communications .


### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , and access to 112 emergency services . ### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , interoperability of total conversation services and access to 112 emergency services , including for persons with disabilities .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to ensure that electronic communications content are encrypted from end - to - end by default , in order to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services .


### where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks , any undertaking , public authority or end - user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to article 12 , to obligations regarding end - users rights pursuant to title iii of part iii of this directive nor to obligations to interconnect their networks pursuant to article 59 . ### where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks , any undertaking , public authority or user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to article 12 , to obligations regarding users rights pursuant to title iii of part iii of this directive , to obligations to interconnect their networks pursuant to article 59 nor to an obligation to identify third parties using such access . individuals providing such access not - for - profit shall not be liable for information transmitted by third parties over such access .


### competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public , through radio local area networks , which may be located at an end - user ' s premises , subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end - user . ### competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public , through radio local area networks , which may be located at an user ' s premises , subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the user .


### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs end - users are prevented from accessing such services , they may require undertakings which provide such services to offer to those end - users tariff options or packages different from those provided under normal commercial conditions . to that end , member states may require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that end - users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service . ### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs consumers are prevented from accessing such services , they shall require providers of such services to offer to those consumers tariff options or packages different from those provided under normal commercial conditions . to that end , member states shall require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that consumers entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 . member states shall also ensure that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service .


### member states shall ensure , in the light of national conditions , that support is provided as appropriate to end - users with disabilities , or that other specific measures are taken , in view of ensuring that related terminal equipment , specific equipment and specific services enhancing equivalent access are affordable . ### member states shall ensure , in the light of national conditions , that support is provided as appropriate to consumers with disabilities , and that other specific measures are taken , in view of ensuring that related terminal equipment is accessible for persons with disabilities , and specific equipment and specific services enhancing equivalent access are available and affordable . the average cost of the relay services for consumers with disabilities shall be equivalent to that of voice communication services pursuant to article 79 .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users , including through total conversation services or third - party relay services . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on an equivalent basis with others , whilst travelling in another member state , where feasible , without any pre - registration . these measures shall seek to ensure interoperability across member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall , after consulting berec , be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for end - users , accessibility for persons with disabilities and routing to the most appropriate psap . the commission shall maintain a database of e . 164 numbers of european emergency services to ensure that they are able to contact each other from one member state to another .


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


### to ensure uniform conditions for the implementation of regulation no 184 / 2005 , implementing powers should be conferred on the commission with a view to adopting common quality standards and harmonising the content and periodicity of the quality reports . those powers should be exercised in accordance with regulation no 182 / 2011 . ### in order to ensure uniform conditions for the implementation of regulation no 184 / 2005 , implementing powers should be conferred on the commission with a view to harmonising the content and periodicity of the quality reports . those powers should be exercised in accordance with regulation no 182 / 2011 .


### the commission shall adopt , by means of implementing acts , the common quality standards , as well as the content and periodicity of the quality reports , taking into account the implications as regards the cost of collecting and compiling the data as well as important changes concerning data collection . ### the commission shall adopt , by means of implementing acts , the periodicity of the quality reports , taking into account the implications as regards the cost of collecting and compiling the data as well as important changes concerning data collection .


### a delegated act adopted pursuant to article 2 , shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 2 , shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by three months at the initiative of the european parliament or the council . when a delegated act is delivered just before or during a public holiday , the time shall be deemed to run from the date of the first plenary session of the european parliament following the public holiday . in all cases , the period shall be able to be extended to encompass three full plenary sessions .


### article 12 report on implementation by 28 february 2010 , the commission shall submit a report to the european parliament and the council on the implementation of this regulation . in particular , the report shall : record&#160 ; the quality of the statistics produced ; assess the benefits accruing to the community , the member states and the providers and users of statistical information of the statistics produced in relation to the costs ; identify areas for potential improvement and amendments considered necessary in the light of the results obtained ; review the operation of the committee and recommend whether the scope of implementing measures should be redefined . ### article 12 is replaced by the following : article 12 report on implementation by 28 february 2018 and every five years thereafter , the commission shall submit a report to the european parliament and the council on the implementation of this regulation . in particular , the report shall : record&#160 ; the quality of the statistics produced ; assess the benefits accruing to the community , the member states and the providers and users of statistical information of the statistics produced in relation to the costs ; identify areas for potential improvement such as fostering the transparency , availability and granularity of the statistics produced , as well as the costs related to the production of statistics referred to in article 5 and amendments considered necessary in the light of the results obtained ; review the operation of the committee referred to in article 11 and recommend whether the scope of implementing measures should be redefined .


### since taking up its responsibilities on 1 december 2012 , the agency took over the tasks conferred on the management authority in relation to vis by regulation no 767 / 2008 and council decision 2008 / 633 / jha55 . it took over the tasks conferred to the management authority in relation to sis ii by regulation no 1987 / 2006 and council decision 2007 / 533 / jha in april 2013 following the system ' s go - live and it took up the tasks conferred on the commission in relation to eurodac in accordance with regulations no 2725 / 2000 and 407 / 2002 in june 2013 . the first evaluation of the agency ' s work based on an independent external evaluation and carried out in 2015 - 2016 , concluded that eu - lisa effectively ensures the operational management of the large - scale it systems and other tasks entrusted to it but also that a number of changes to the establishing regulation are necessary such as the transfer to the agency of the communication infrastructure tasks retained by the commission . building on the external evaluation , the commission took into account policy , legal and factual developments and proposed in particular in its report on the functioning of the european agency on the operational management of large - scale it systems in the area of freedom , security and justice 56 that the mandate of the agency should be extended to carry out the tasks derived from the adoption by the co - legislators of proposals entrusting new systems to the agency , the tasks referred to in the commission ' s communication on stronger and smarter information systems for borders and security of 6 april 2016 , the high level expert group ' s final report of 11 may 2017 and in the commission ' s seventh progress report towards an effective and genuine security union of 16 may 2017 , subject where required to the adoption of the relevant legislative instruments . in particular , the agency should be tasked with the development of a european search portal , a shared biometric matching service and a common identity repository , subject to the adoption of the relevant legislative instrument on interoperability . where relevant , any actions carried out on interoperability should have to be guided by the commission communication on the european interoperability framework – implementation strategy . 57 _________________ 55 council decision 2008 / 633 / jha of 23 june 2008 concerning access for consultation of the visa information system by designated authorities of member states and by europol for the purposes of the prevention , detection and investigation of terrorist offences and of other serious criminal offences . 56 com 346 , 29 . 6 . 2017 . 57 com 134 , 23 . 3 . 2017 . annex 2 of this communication provides the general guidelines , recommendations and best practices for achieving interoperability or at least for creating the environment to achieve better interoperability when designing , implementing and managing european public services . ### since taking up its responsibilities on 1 december 2012 , the agency took over the tasks conferred on the management authority in relation to vis by regulation no 767 / 2008 and council decision 2008 / 633 / jha55 . it took over the tasks conferred to the management authority in relation to sis ii by regulation no 1987 / 2006 and council decision 2007 / 533 / jha in april 2013 following the system ' s go - live and it took up the tasks conferred on the commission in relation to eurodac in accordance with regulations no 2725 / 2000 and 407 / 2002 in june 2013 . the first evaluation of the agency ' s work based on an independent external evaluation and carried out in 2015 - 2016 , concluded that eu - lisa effectively ensures the operational management of the large - scale it systems and other tasks entrusted to it but also that a number of changes to the establishing regulation are necessary such as the transfer to the agency of the communication infrastructure tasks retained by the commission . building on the external evaluation , the commission took into account policy , legal and factual developments and proposed in particular in its report on the functioning of the european agency on the operational management of large - scale it systems in the area of freedom , security and justice 56 that the mandate of the agency should be extended to carry out the tasks derived from the adoption by the co - legislators of proposals entrusting new systems to the agency . _________________ 55 council decision 2008 / 633 / jha of 23 june 2008 concerning access for consultation of the visa information system by designated authorities of member states and by europol for the purposes of the prevention , detection and investigation of terrorist offences and of other serious criminal offences . 56 com 346 , 29 . 6 . 2017 .


### the agency shall on a regular basis keep the european parliament , the council , the commission , and , where data protection issues are concerned , the european data protection supervisor informed on the developments referred to in paragraph 1 . ### the agency shall on a regular basis keep the european parliament , the council , the commission , and , where processing of personal data is concerned , the european data protection supervisor informed on the developments referred to in paragraph 1 .


### the agency shall on a regular basis keep the european parliament , the council and , where data protection issues are concerned , the european data protection supervisor , informed of the evolution of the pilot projects referred to in the first subparagraph . ### the agency shall on a regular basis keep the european parliament , the council and , where processing of personal data is concerned , the european data protection supervisor , informed of the evolution of the pilot projects referred to in the first subparagraph .


### ensure annual publication of the list of competent authorities authorised to search directly the data contained in sis ii pursuant to article 31 of regulation no 1987 / 2006 and article 46 of decision 2007 / 533 / jha , together with the list of offices of the national systems of sis ii and sirene bureaux as referred to in article 7 of regulation no 1987 / 2006 and article 7 of decision 2007 / 533 / jha respectively [ or by article 36 of regulation xx of xx of the european parliament and of the council on the establishment , operation and use of the schengen information system in the field of border checks , amending regulation no 515 / 2014 and repealing regulation no 1987 / 2006 and by article 53 of regulation xx of xx of the european parliament and of the council on the establishment , operation and use of the schengen information system in the field of police cooperation in criminal matters , amending regulation no 515 / 2014 and repealing regulation no 1986 / 2006 , council decision 2007 / 533 / jha and commission decision 2010 / 261 / eu together with the list of offices of the national systems of sis ii and sirene bureaux as referred to in article 7 of regulation xx of xx of the european parliament and of the council on the establishment , operation and use of the schengen information system in the field of border checks and article 7 of regulation xx of xx of the european parliament and of the council on the establishment , operation and use of the schengen information system in the field of police cooperation in criminal matters respectively ; [ as well as the list of competent authorities pursuant to article 8 of regulation xx / xxxx establishing the ees ] ; [ the list of competent authorities pursuant to article 11 of regulation xx / xxxx establishing the etias ] and [ the list of competent authorities pursuant to article 32 of regulation xx / xxx establishing ecris - tcn } ; ] ### ensure publication and regular updates , on the agency’s website , of the list of competent authorities authorised to search directly the data contained in sis ii pursuant to article 31 of regulation no 1987 / 2006 and article 46 of decision 2007 / 533 / jha , together with the list of offices of the national systems of sis ii and sirene bureaux as referred to in article 7 of regulation no 1987 / 2006 and article 7 of decision 2007 / 533 / jha respectively [ or by article 36 of regulation xx of xx of the european parliament and of the council on the establishment , operation and use of the schengen information system in the field of border checks , amending regulation no 515 / 2014 and repealing regulation no 1987 / 2006 and by article 53 of regulation xx of xx of the european parliament and of the council on the establishment , operation and use of the schengen information system in the field of police cooperation in criminal matters , amending regulation no 515 / 2014 and repealing regulation no 1986 / 2006 , council decision 2007 / 533 / jha and commission decision 2010 / 261 / eu together with the list of offices of the national systems of sis ii and sirene bureaux as referred to in article 7 of regulation xx of xx of the european parliament and of the council on the establishment , operation and use of the schengen information system in the field of border checks and article 7 of regulation xx of xx of the european parliament and of the council on the establishment , operation and use of the schengen information system in the field of police cooperation in criminal matters respectively ; [ as well as the list of competent authorities pursuant to article 8 of regulation xx / xxxx establishing the ees ] ; [ the list of competent authorities pursuant to article 11 of regulation xx / xxxx establishing the etias ] and [ the list of competent authorities pursuant to article 32 of regulation xx / xxx establishing ecris - tcn } ; ]


### protecting the financial interests of the union by applying preventing measures against fraud , corruption and any other illegal activities , without prejudicing the investigative competence of olaf , by effective checks and , if irregularities are detected , by recovering amounts wrongly paid and , where appropriate , by imposing effective , proportionate and dissuasive administrative including financial penalties ; ### protecting the financial interests of the union by applying preventing measures against fraud , corruption and any other illegal activities , without prejudicing the investigative competence of olaf and the european public prosecutor’s office , by effective checks and , if irregularities are detected , by recovering amounts wrongly paid and , where appropriate , by imposing effective , proportionate and dissuasive administrative including financial penalties ;


### without prejudice to the provisions on data protection laid down in the legislative instruments governing the development , establishment , operation and use of large - scale it systems , the processing of personal data by the agency shall be subject to regulation no 45 / 2001 [ regulation xx / 2018 on protection of personal data for union institutions and bodies ] . ### the processing of personal data by the agency shall be subject to regulation no 45 / 2001 [ regulation xx / 2018 on protection of personal data for union institutions and bodies ] .


### the agency shall consult and follow the recommendations of the european network and information security agency regarding network security , where appropriate . ### the agency shall consult and follow the recommendations of the european network and information security agency regarding network and information security .


### the agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations . ### the agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during and after their employment or term of office and to report such situations .


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the agricultural and food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain , both inside and outside of the union . agricultural producers , who supply primary agricultural products , are often small and medium - sized actors in the agricultural and food supply chain .


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