### (36) roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the union and on the wholesale prices charged for value added services. communications to certain numbers which are used for providing value added services , for example , premium-rate numbers , freephone numbers or shared cost numbers , are subject to particular pricing conditions at the national level. this regulation should not apply to the part of the tariff that is charged for the provision of value added services but only to the tariffs for the connection to such services. neverthelss , the rlah principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. however , this is not always the case when roaming. end-users are confronted with increased costs , even when they call numbers that are free when called domestically. this could erode customers’ confidence in using their phones when roaming and could result in bill shocks , thus having a negative impact on a genuine rlah experience. this is mainly caused , at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. therefore measures should be introduced to increase the transparency on the conditions for communications to value added services numbers. to that end , roaming customers should be informed in their contract and notified and warned , in a timely manner and free of charge , that communications to value added services numbers in roaming can entail additional charges. ### (36) roaming customers and home operators sometimes unwittingly incur large bills as a result of the lack of transparency on the numbers used for value added services across the union and on the wholesale prices charged for value added services. communications to certain numbers which are used for providing value added services , for example , premium-rate numbers , freephone numbers or shared cost numbers , are subject to particular pricing conditions at the national level. the rlah principle might create an expectation for end-users that communications to such numbers while roaming should not incur any increased cost in comparison to the domestic situation. currently , this is not always the case when roaming. end-users are confronted with increased costs , even when they call numbers that are free when called domestically. this could erode customers’ confidence in using their phones when roaming and could result in bill shocks , thus having a negative impact on a genuine rlah experience. this is mainly caused , at retail level by the insufficient level of transparency on the higher charges which can be incurred because of communications to value added services numbers. therefore measures should be introduced to protect consumers and increase the transparency on the conditions for communications to value added services numbers. to that end , roaming customers should be informed in their contract and notified and warned , in a timely manner and free of charge , that communications to value added services numbers in roaming can entail additional charges. furthermore , roaming providers should also ensure that the use of value added services is provided under the same conditions as if such services were consumed domestically.


### (43) in order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad , providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited member state. since certain customer groups might be well informed about roaming charges , roaming providers should provide a possibility to easily opt-out from this automatic message service. in addition , roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and sms) that may be subject to increased costs. moreover , providers should actively give their customers , provided that the latter are located in the union , on request and free of charge , additional information on the per-minute , per-sms or per-megabyte data charges (including vat) for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state. ### (43) in order to improve the transparency of retail prices for roaming services and to help roaming customers make decisions on the use of their mobile devices while abroad , providers of mobile communication services should supply their roaming customers with information free of charge on the roaming charges applicable to them when using roaming services in a visited member state. the home operator should also inform roaming customers of any additional charges for the use of value added services and the applicable cut-off limits to prevent bill shocks. such information should be provided as soon as the roaming customer enters another member state and every time the roaming customer tries to reach value added services. furthermore , when a mobile device connects with non-terrestrial networks with automatic handover on marine vessels and on board aircrafts , providers of mobile communication services should inform customers on the additional charges they may incur and on the cut-off limits applied in order to protect them from bill shocks. roaming providers should provide a possibility to easily opt-out from this automatic message service. in addition , roaming customers should be provided with a text message including a link to a web page giving detailed information about the types of services (calls and sms) that may be subject to increased costs. moreover , providers should actively give their customers , provided that the latter are located in the union , on request and free of charge , additional information on the per-minute , per-sms or per-megabyte data charges (including vat) for the making or receiving of voice calls and also for the sending and receiving of sms , mms and other data communication services in the visited member state.


### (45) customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming. roaming providers should therefore take reasonable steps to protect customers against incurring roaming charges while they are located in their member state. this should include adequate information measures in order to empower customers to actively prevent such instances of inadvertent roaming. national regulatory authorities should be alert to situations in which customers face problems with paying roaming charges while they are still located in their member state and should take appropriate steps to mitigate the problem. ### (45) customers living in border regions should not receive unnecessarily high bills due to inadvertent roaming or to the use of non-terrestrial networks with automatic handover on marine vessels and on board aircrafts. roaming providers should therefore take reasonable steps to protect and inform in a clear and intelligible manner customers against incurring additional charges while they are located in their member state. this should include an obligation to roaming providers to provide reasonable cut-off limits and to grant their customers the opportunity to block non eu/eea networks , unless their customers request to opt-in , and an obligation to provide adequate information measures in order to empower customers to actively prevent such instances of inadvertent roaming. national regulatory authorities should be alert to situations in which customers face problems with paying roaming charges while they are still located in their member state and should take appropriate steps to mitigate the problem.


### (53) number ranges , including those used for value added services , are set in the national numbering plans and are not harmonised at union level. operators may therefore not be able to recognise the numbering ranges for value added services in all countries in advance. numbering ranges used for value added services are subject to particular pricing conditions at the national level and in many cases their termination rates are not regulated. while this is understood to roaming providers , the level of the wholesale charges they will incur may still be unexpectedly high. in a roaming scenario , operators are unable to address this issue , because they lack information on number ranges used for value added services throughout the union. to address this problem berec should establish and maintain a single union-wide , secure database for value added services’ numbering ranges. the database is intended as a transparency tool that will enable national regulatory authorities (nras) and operators to have direct access to information about which numbering ranges can generate higher costs (termination rates) in all member states. it represents a necessary intermediate step to increase transparency at retail level as it could be used to inform roaming customers about the types of services that may be subject to increased charges when roaming. berec should establish the procedures by which the competent authorities are to provide and update the information requested under article 17. ### (53) number ranges , including those used for value added services , are set in the national numbering plans and are not harmonised at union level. operators may therefore not be able to recognise the numbering ranges for value added services in all countries in advance. numbering ranges used for value added services are subject to particular pricing conditions at the national level and in many cases their termination rates are not regulated. while this is understood to roaming providers , the level of the wholesale charges they will incur may still be unexpectedly high. in a roaming scenario , operators are sometimes unable to address this issue , because they lack information on number ranges used for value added services throughout the union. to address this problem berec should establish and maintain a single union-wide , secure database for value added services’ numbering ranges. the database is intended as a transparency tool that will enable national regulatory authorities (nras) and operators to have direct access to information about which numbering ranges can generate higher costs (termination rates) in all member states. it represents a necessary intermediate step to increase transparency at retail level as it should be used to inform roaming customers about the types of services that may be subject to increased charges when roaming. berec should establish the procedures by which the competent authorities are to provide and update the information requested under article 17 and should create the necessary conditions for roaming providers to ensure that the use of value added services is provided under the same prices as if such services were consumed domestically.


### (59) it is necessary to monitor and to review regularly the functioning of wholesale roaming markets and their interrelationship with the retail roaming markets , taking into account competitive and technological developments and traffic flows. the commission should submit two reports to the european parliament and to the council. in its biennial reports , the commission should , in particular , assess whether rlah has any impact on the evolution of tariff plans available on the retail markets. that should include , on the one hand , an assessment of any emergence of tariff plans that include only domestic services and that exclude retail roaming services altogether , thus undermining the very objective of rlah and , on the other , an assessment of any reduction in the availability of flat-rate tariff plans , which could also represent a loss for consumers and undermine the objectives of the digital single market. the commission’s reports should , in particular , analyse the extent to which exceptional retail roaming surcharges have been authorised by national regulatory authorities , the ability of home network operators to sustain their domestic charging models and the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services. in addition , the commission’s reports should assess how , at wholesale level , access to the different network technologies and generations is ensured; the level of usage of trading platforms and similar instruments to trade traffic at wholesale level; the evolution of the machine-to-machine roaming; the persisting problems at retail level in relation to value added services and the application of the measures on emergency communications . in order to enable such reporting with a view to assessing how the roaming markets adapt to rlah rules , sufficient data should be gathered on the functioning of those markets after the implementation of those rules. ### (59) it is necessary to monitor and to review regularly the functioning of wholesale roaming markets and their interrelationship with the retail roaming markets , taking into account competitive and technological developments and traffic flows. the commission should submit two reports to the european parliament and to the council. in its biennial reports , the commission should , in particular , assess whether rlah has any impact on the evolution of tariff plans available on the retail markets. that should include , on the one hand , an assessment of any emergence of tariff plans that include only domestic services and that exclude retail roaming services altogether , thus undermining the very objective of rlah and , on the other , an assessment of any reduction in the availability of flat-rate tariff plans , which could also represent a loss for consumers and undermine the objectives of the digital single market. the commission’s reports should , in particular , analyse the extent to which exceptional retail roaming surcharges have been authorised by national regulatory authorities , the ability of home network operators to sustain their domestic charging models and the ability of visited network operators to recover the efficiently incurred costs of providing regulated wholesale roaming services. in addition , the commission’s reports should assess how , at wholesale level , access to the different network technologies and generations is ensured; the level of usage of trading platforms and similar instruments to trade traffic at wholesale level; the evolution of the machine-to-machine roaming; the persisting problems at retail level in relation to value added services , inadvertent roaming , cut-off limits and the application of the measures on emergency communications . in order to enable such reporting with a view to assessing how the roaming markets adapt to rlah rules , sufficient data should be gathered on the functioning of those markets after the implementation of those rules.


### (62) in order to ensure that the maximum wholesale charges are based on recent and updated data , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend the maximum wholesale charges that a visited network operator can levy on the roaming provider for the provision of regulated voice , sms or data roaming services by means of that visited network. this regulation should lay down the detailed criteria and parameters on the basis of which the values of those maximum wholesale charges are set. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making69 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### deleted


### 3. without prejudice to part iii , title iii of directive (eu) 2018/1972 , roaming providers shall ensure that a contract which includes any type of regulated retail roaming service specifies the characteristics of that regulated retail roaming service provided , including in particular: ### 3. without prejudice to part iii , title iii of directive (eu) 2018/1972 , roaming providers shall ensure the highest quality of service available in every country and shall guarantee that a contract which includes any type of regulated retail roaming service specifies the characteristics of that regulated retail roaming service provided , including in particular:


### the quality of service that can reasonably be expected when roaming in the union. ### clear and intelligible information on the quality of service available when roaming in the union and on the divergences from the quality included in the national subscription.


### roaming providers shall , except when the roaming customer has notified the roaming provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when the roaming customer enters a member state other than that of his domestic provider , with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and , if available , information on value added services number ranges. ### roaming providers shall , except when the roaming customer has notified the roaming provider that he does not require this service , provide the customer , automatically by means of a message service , without undue delay and free of charge , when the roaming customer enters a member state other than that of his domestic provider , with information on the potential risk of increased charges due to the use of value added services including a link to a dedicated webpage providing information about the types of services that may be subject to increased costs and , if available , information on value added services number ranges. roaming providers shall also ensure that the use of value added services is provided under the same conditions as if such services were consumed domestically.


### the first , second , fifth and sixth subparagraphs , with the exception of the reference to the fair use policy and the surcharge applied in accordance with article 7 , shall also apply to voice and sms roaming services used by roaming customers travelling outside the union and provided by a roaming provider. ### the first , second , fifth and sixth subparagraphs , with the exception of the reference to the fair use policy and the surcharge applied in accordance with article 7 , shall also apply to voice and sms roaming services supplied by roaming providers and used by roaming customers travelling outside the union , inadvertently roaming outside the union and for using non-terrestrial networks with automatic handover on marine vessels and on board aircrafts.


### 5. roaming providers shall make available information to their customers on how to avoid inadvertent roaming in border regions. roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home member state. ### 5. roaming providers shall provide reasonable cut-off limits and grant their roaming customers the opportunity to block non eu/eea networks , unless their customers request to opt-in , in order to avoid inadvertent roaming in border regions , including the use of non-terrestrial networks with automatic handover on marine vessels and on board aircrafts. roaming providers shall take reasonable steps to protect and inform in a clear and intelligible manner their customers from the risk of paying additional charges for inadvertently accessed roaming services while situated in their home member state.


### 6. roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home member state. this shall include informing customers on how to avoid inadvertent roaming in border regions. ### 6. roaming providers shall take reasonable steps to protect and inform in a clear and intelligible manner their customers from the risk of paying additional charges for inadvertently accessed roaming services while situated in their home member state. this shall include an obligation to roaming providers to block non eu/eea networks , unless their customers request to opt-in , in order to avoid inadvertent roaming in border regions , including the use of non-terrestrial networks with automatic handover on marine vessels and on board aircrafts.


### roaming providers shall ensure that their roaming customers are kept adequately informed on the means of access to emergency services in the visited member state. ### roaming providers shall ensure that their roaming customers are kept adequately informed on the means of access to emergency services in the visited member state. this shall include equivalent access and choice for end-users with disabilities in accordance with directive (eu) 2018/1972.


### an automatic message from the roaming provider shall inform the roaming customer that the latter may access emergency services free of charge by calling the single european emergency number ‘112’ and by alternative means of access to emergency services through emergency communications mandated in the visited member state. the information shall be delivered to the roaming customer’s mobile device by an sms message , every time the roaming customer enters a member state other than that of his domestic provider. it shall be provided free of charge at the moment the roaming customer initiates a roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension. ### an automatic message from the roaming provider shall inform the roaming customer that the latter may access emergency services free of charge by calling the single european emergency number ‘112’ and by alternative means of access to emergency services through emergency communications mandated in the visited member state. the information shall be delivered to the roaming customer’s mobile device by an sms message , and via all the appropriate means established in directive (eu) 2018/1972 , in order to ensure that end-users with disabilities can access emergency services on an equivalent basis with others , every time the roaming customer enters a member state other than that of his domestic provider. it shall be provided free of charge at the moment the roaming customer initiates a roaming service , by an appropriate means adapted to facilitate its receipt and easy comprehension.


### berec shall establish and maintain a single union-wide database of value added services numbering ranges in each member state to be made accessible for national regulatory authorities and operators. the database shall be established by 31 december 2023. to that end , the nra or other competent authorities shall , by electronic means , provide the necessary information and the relevant updates to berec without undue delay. ### berec shall establish and maintain a single union-wide database of value added services numbering ranges in each member state to be made accessible for national regulatory authorities and operators and shall create the necessary conditions for roaming providers to ensure that the use of value added services is provided under the same prices as if such services were consumed domestically. berec shall ensure adequate means of access to emergency services to customers , in particular to persons with disabilities in accordance with directive (eu) 2018/1972. the database shall be established by 31 december 2023. to that end , the nra or other competent authorities shall , by electronic means , provide the necessary information and the relevant updates to berec without undue delay.


### the commission shall , after consulting berec , submit two reports to the european parliament and to the council. where necessary , after submitting each report , the commission shall adopt a delegated act pursuant to article 22 amending the maximum wholesale charges for regulated roaming services laid down in this regulation. the first such report shall be submitted by 30 june 2025 and the second by 30 june 2029 . ### the commission shall , after consulting berec , submit two reports to the european parliament and to the council. where necessary , after submitting each report , the commission shall present a legislative proposal to amend this regulation , including a proposal for lowering the maximum wholesale charges for regulated roaming services laid down in this regulation. the first such report shall be submitted by 30 june 2025 and the second by 30 june 2029 .


### the extent to which roaming customers and operators face problems in relation to value added services; ### the extent to which roaming customers and operators face problems in relation to value added services , inadvertent roaming and how those problems can be resolved;


### new(14) in order to allow for the development of a more efficient , integrated and competitive market for roaming services , there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of providing roaming services. obstacles to access to such wholesale roaming services , due to differences in negotiating power and in the degree of infrastructure ownership of undertakings , should be removed. to that end , wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. mobile virtual network operators (mvnos) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same member state. commercial negotiations , however , may not leave enough margin to mvnos and resellers for stimulating competition through lower prices. the removal of those obstacles and balancing the negotiation power between mvnos/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative , innovative and union-wide roaming services and offers for customers. directive (eu) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers. ### new(14) in order to allow for the development of a more efficient , integrated and competitive market for roaming services , there should be no restrictions preventing undertakings from effectively negotiating wholesale access for the purpose of fulfilling their consumer-contracts while providing roaming services. lowering the quality of service due to commercial barriers is unacceptable , and obstacles to access to such wholesale roaming services , due to differences in negotiating power and in the degree of infrastructure ownership of undertakings , should be removed. to that end , wholesale roaming access agreements should respect the principle of technology neutrality and ensure all operators an equal and fair opportunity to accessing all networks and technologies available and be negotiated in good faith allowing the roaming provider to offer retail roaming services equivalent to the services offered domestically. mobile virtual network operators (mvnos) and resellers of mobile communication services without their own network infrastructure typically provide roaming services based on commercial wholesale roaming agreements with their host mobile network operators in the same member state. commercial negotiations , however , may not leave enough margin to mvnos and resellers for stimulating competition through lower prices. the removal of those obstacles and balancing the negotiation power between mvnos/resellers and mobile network operators by an access obligation and wholesale caps should facilitate the development of alternative , innovative and union-wide roaming services and offers for customers. directive (eu) 2018/1972 does not provide for a solution to this problem via the imposition of obligations on operators with significant market powers.


### 1. recalls the importance , for a properly functioning and competitive internal market , of effective better law-making tools that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislation , particularly for consumers and smes; ### 1. recalls the importance , for a properly functioning and competitive internal market , of effective better law-making tools that take subsidiarity and proportionality fully into account when drawing up transparent , balanced , clear and comprehensive legislation in order to allow each parties to understand their rights and obligations , including by designing appropriate reporting , monitoring and evaluation requirements , particularly for consumers and smes;


### 2. reiterates that internal market objectives such as improving competitiveness , digitalisation , sustainability and consumer protection should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (refit) and the regulatory scrutiny board; ### 2. reiterates that internal market objectives such as improving competitiveness , digitalisation , sustainability and consumer protection should be underpinned by the enhanced use of scrutiny instruments such as the regulatory fitness and performance programme (refit) and the regulatory scrutiny board; highlights that such instruments should take into consideration economic , environmental , gender-related and social impacts in an integrated and balanced way and use both qualitative and quantitative analyses , as well as address the costs of non-harmonisation at eu level;


### 2. welcomes the conclusions of the task force on subsidiarity , proportionality and ‘doing less more efficiently’ of june 2018; welcomes , in particular , the concept of ‘active subsidiarity’ , aiming to promote greater ownership of eu policies; insists that the commission implement these conclusions , and in particular integrate the ‘model grid’ , in order to assess the application of both principles throughout the decision-making process; notes that this will require a strong commitment , including from eu co-legislators; ### 2. takes note of the conclusions of the task force on subsidiarity , proportionality and ‘doing less more efficiently’ of july 2018; welcomes the concept of ‘active subsidiarity’ , aiming to promote greater ownership of eu policies; calls on the commission to implement these conclusions , and in particular to better involve local and regional authorities fully in its consultation processes , as well as to integrate the ‘model grid’ , in order to assess the application of both principles throughout the decision-making process; notes that this will require a strong commitment from eu co-legislators;


### 2. recalls that the principle of subsidiarity enshrined in article 5 of the treaty on european union aims to ensure that decisions are taken as closely as possible to citizens and that constant checks are carried out to verify that action at eu level is justified in the light of the possibilities available at national , regional or local level and to guarantee that the eu does not take action , except in the areas that fall within its exclusive competence , unless it is more effective than action taken at national , regional or local level; recalls , too , that the principle of proportionality requires that any action taken by the eu should not go beyond what is necessary to achieve the objectives of the treaties; ### 2. recalls that the principle of subsidiarity enshrined in article 5 of the treaty on european union aims to ensure that decisions are taken at the most appropriate policy level and that constant checks are carried out to verify that action at eu level is justified in the light of the possibilities available at national , regional or local level and to guarantee that the eu does not take action , except in the areas that fall within its exclusive competence , unless it is more effective than action taken at national , regional or local level; recalls , too , that the principle of proportionality requires that any action taken by the eu should not go beyond what is necessary to achieve the objectives of the treaties;


### 3. underlines that smes in particular will continue to face serious repercussions due to the covid-19 pandemic and need more flexibility to react quickly to the ever-changing demands of our economy; reiterates that cutting red tape , the ‘think small first’ principle and fostering a society that values entrepreneurship need to be priorities within internal market legislation; ### 3. underlines that smes in particular will continue to face serious repercussions due to the covid-19 pandemic and need targeted support to react quickly to the ever-changing demands of our economy; reiterates that simplifying administrative processes so as to avoid unjustified burden in this respect , the ‘think small first’ principle and fostering a society that values entrepreneurship need to be priorities within internal market legislation while ensuring a high level of consumer protection;


### 3. highlights the commission’s commitment to providing , in future , for aggregated answers where at least four parliaments have issued reasoned opinions and to allowing for flexibility on the eight-week deadline by which national parliaments must submit their opinions; ### 3. highlights the commission’s commitment to providing , in future , for aggregated answers where at least four parliaments have issued reasoned opinions and to extend the eight-week deadline on a case-by-case basis by which national parliaments must submit their opinions , in particular in view to better integrate the opinion of regional parliaments with legislative powers;


### 3. underlines that the use of directives as legislative instruments allows for better compliance with and respect for the principle of subsidiarity; ### 3. underlines that the use of directives as legislative instruments allows for better compliance with and respect for the principle of subsidiarity; highlights , however , that the use of a horizontal regulation can in some cases alleviate the complexity of eu legislation and ensure that one uniform rule applies in all member states;


### 4. calls on the member states’ authorities at national and regional level , and on stakeholders to become more closely involved at an early stage of the decision-making process , with subsidiarity and proportionality checks and administrative burden assessments of eu legislation; calls further on the member states to ensure the swift and consistent transposition , implementation and enforcement of legislation , and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market; ### 4. calls on the member states’ authorities at national and regional level , and on relevant stakeholders , such as consumer organisations , civil society , business representatives and environmental organisations , to become more closely involved at an early stage of the decision-making process to achieve clear , transparent and efficient obligations and stresses therefore the importance of participating in public consultations organised by the commission; calls further on the member states to ensure the swift and consistent transposition , implementation and enforcement of legislation;


### 4. encourages the commission to assess the possibility of assisting the national parliaments in playing a positive and proactive role in eu affairs through the introduction of an informal ‘green card’ procedure; ### 4. encourages the commission to assess the possibility of introducing an informal ‘green card’ procedure with the aim of assisting national parliaments in playing a positive and proactive role in eu affairs through the;


### 5. warns that legislation which increases administrative burdens greatly affects smes and consumers by hindering competitiveness and preventing the single market from unlocking its full potential; calls on the commission , with a view to providing evidence on the added value of eu action , and its costs and benefits , to strengthen the sme fitness check. ### 5. notes that legislation resulting in unnecessary administrative burdens could affect smes and consumers; calls on the commission to take better into account the impact of forthcoming legislation and administrative initiatives on smes , with a view to providing clear and balanced obligations while identifying targeted support to be provided , and to implement the “think-small first principle” in its policy making to assess the impact of forthcoming legislation on smes;


### 5. suggests that the introduction of a ‘red card’ instrument , enabling a legislative proposal from the commission to be withdrawn if 55 % of national parliaments raise an objection , should be discussed at the conference on the future of europe; ### deleted


### 6. encourages the involvement of regional parliaments with legislative powers , which under article 6 of protocol no 2 to the treaty on the functioning of the european union can be consulted by national parliaments , and supports their systematic consultation on major initiatives; ### 6. encourages the involvement of regional parliaments with legislative powers , which under article 6 of protocol no 2 to the treaty on the functioning of the european union can be consulted by national parliaments , and supports their systematic consultation on major initiatives , in particular , where there is a link with regional competences;


### 6. emphasises the importance of the participation of national parliaments in the process of law-making at eu level; regrets the fact that in 2017 the commission received 20 % fewer reasoned opinions than in 2016 (52 reasoned opinions in 2017 compared to 65 reasoned opinions in 2016) , and that in 2018 it received only 37 reasoned opinions; observes that no proposals received more than four reasoned opinions; ### 6. emphasises the importance of the participation of national parliaments in the process of law-making at eu level; notes the fact that in 2017 the commission received 20 % fewer reasoned opinions than in 2016 (52 reasoned opinions in 2017 compared to 65 reasoned opinions in 2016) , and that in 2018 it received only 37 reasoned opinions; observes that no proposals received more than four reasoned opinions; welcomes the active participation of national parliaments in legislative dialogue with the eu institutions through other means than subsidiarity control mechanism;


### 7. expresses its support to national parliaments in providing joint own-initiative opinions , such as those provided by the visegrád group countries on the future of the subsidiarity principle and parliamentary cooperation; ### deleted


### 8. believes that the refit platform should be expanded to widen its focus from regulatory burdens to matters of subsidiarity and proportionality; warns against the rigid application by the commission of a ‘one in , one out’ principle in the implementation of better law-making processes. ### 8. warns against the rigid application by the commission of a ‘one in , one out’ principle in the implementation of better law-making processes; highlights that such processes should take into consideration economic , environmental , gender and social impacts in an integrated and balanced way and use both qualitative and quantitative analyses , as well as addressing the costs of non-harmonisation at eu level;.


### h. whereas the current crisis has strengthened the need to alleviate unnecessary regulatory burdens to make sure that eu laws deliver their intended benefits while reducing unnecessary costs , particularly for small and medium-sized enterprises (smes); ### h. whereas the current crisis has strengthened the need to alleviate unnecessary regulatory burdens to make sure that eu laws deliver their intended benefits while reducing unnecessary costs , particularly for small and medium-sized enterprises (smes); whereas , however , ‘better regulation’ should deliver for all and serve the interest of european society; whereas business interests alone cannot be put on an equal footing with the general interest , which also includes the interests of workers , citizens , consumers and the environment;


### 10. underlines that ‘strategic foresight’ could play a key role in helping to future-proof eu policy-making by ensuring that short-term initiatives are grounded in a longer-term perspective; acknowledges that ‘foresight elements’ will be fully integrated into the commission’s better regulation agenda , in impact assessments and evaluations; notes , too , that ‘strategic foresight’ will support the refit programme , which identifies opportunities to reduce regulatory burdens and ensure that existing eu laws remain ‘fit for the future’; ### 10. underlines that ‘strategic foresight’ could play a key role in helping to future-proof eu policy-making by ensuring that short-term initiatives are grounded in a longer-term perspective; acknowledges that ‘foresight elements’ will be fully integrated into the commission’s better regulation agenda , in impact assessments and evaluations; notes , too , that ‘strategic foresight’ will support the refit programme , which identifies opportunities to reduce regulatory burdens and ensure that existing eu laws remain ‘fit for the future’; recalls that making regulation which is ‘fit for the future’ above all entails ensuring its economic , social , and environmental sustainability;


### 12. supports the commission’s commitment to ‘ex ante evaluation’ before considering possible legislative changes; believes that the european union and the authorities of the member states should continue to work closely together to ensure better evaluation of the real impact of eu regulations on citizens , on the economy , on the structure of the society and on the environment; ### 12. supports the commission’s commitment to ‘ex ante evaluation’ before considering possible legislative changes; believes that the european union and the authorities of the member states should continue to work closely together to ensure better evaluation of the real impact of eu regulations on citizens , on the economy , on the structure of the society and on the environment; welcomes also national parliaments’ input to ex ante evaluation via informal political dialogue;


### 14. welcome the ‘one-in , one-out’ approach based on stakeholder involvement , through which the commission aims to offset newly introduced burdens by relieving people and businesses of equivalent burdens at eu level in the same policy area; emphasises , however , that the implementation of this approach should not lead to mechanical decisions to repeal legislation or lower standards; ### 14. understands the objective behind the “one-in , one-out” principle in that of avoiding inappropriate burdens; is however concerned , that the implementation of this approach might run counter the objectives of good regulation , and emphasises that it should not lead to mechanical decisions to repeal legislation or lower standards; is of the opinion that a thorough impact assessment must equally be conducted for any potential repeal , to avoid unexpected consequences and undesirable effects;


### 15. welcomes , in this regard , the establishment by the commission of the fit for future platform , a high-level expert group with the participation of various stakeholders , member state experts , and representatives of the committee of the regions and the european economic and social committee , which advises the commission on how to identify potentially burdensome existing eu legislation and how to simplify and modernise it , including through digitalisation; ### 15. welcomes , in this regard , the establishment by the commission of the fit for future platform , a high-level expert group with the participation of various stakeholders , member state experts , and representatives of the committee of the regions and the european economic and social committee , which advises the commission on how to efficiently achieve the objectives laid down in existing eu legislation and how to modernise it , including through digitalisation , in order to ensure eu laws help , not hinder , eu citizens and businesses; recommends that the fit for future platform identify and explore legislation that runs counter the european green deal and wider sustainable development goal objectives , including by adopting a ‘think sustainability first’ approach in the better regulation guidelines;


### 16. instructs its president to forward this resolution to the council and the commission. ### 16. instructs its president to forward this resolution to the council and the commission; calls on the commission to take it into account in the drafting of its announced communication on better regulation.


### 1. calls on the commission to bring forward , on the basis of article 169(3) and article 114(1) of the treaty on the functioning of the european union , a legislative proposal introducing mandatory screening for the presence of asbestos in buildings before their sale or rental and laying down minimum requirements for locating and identifying all materials containing asbestos in buildings constructed before 2005 , or the year in which the national ban on asbestos was introduced , under the following conditions: ### 1. calls on the commission to bring forward , on the basis of article 169(3) and article 114(1) of the treaty on the functioning of the european union , a legislative proposal introducing mandatory screening for the owners of buildings in order to detect the presence of asbestos in buildings before their sale or rental but also prior to maintenance , renovation and demolition works; requires that this proposal lays down minimum requirements for locating , identifying and reporting all materials containing asbestos in buildings constructed before 2005 , or the year in which the national ban on asbestos was introduced , under the following conditions:


### b. the screening shall be validated by an asbestos risk certificate detailing the areas screened and , where appropriate , the action taken to reduce the risk posed by asbestos; ### b. the screening shall be validated by an asbestos risk certificate detailing the areas screened , the nature of contamination , the quantity of asbestos containing materials estimated and , where appropriate , the action taken to reduce the risk posed by asbestos;


### c. the result of the screening must be communicated to a competent national body , which shall maintain a national register of asbestos risk reduction certificates and provide advice to owners; ### c. the result of the screening must be communicated to a competent national body through a rapid and user-friendly alert system. this body shall maintain a national register of asbestos risk reduction certificates and provide advice to owners;


### d. in order to protect users or occupants as effectively as possible , the screening must be carried out by qualified and certified operators in accordance with directive 2009/148/ec; ### d. in order to protect users or occupants as effectively as possible , the screening and , when required , the removal must be carried out by qualified and certified operators in accordance with directive 2009/148/ec;


### 1. recalls that worldwide hundreds of millions of people are exposed to asbestos every year , despite its health risks having been known for decades; ### 1. stresses that the eu must ensure the right of all people living in the eu to a clean , healthy and sustainable environment; recalls that worldwide hundreds of millions of people are exposed to asbestos every year , despite its health risks having been known for decades; points out that , in recent years , the rate of death from asbestos fibres has even accelerated;


### 1. the development of models to detect , monitor and check asbestos in private and public buildings , land , infrastructure , logistics and piping; ### 1. the development of models to detect , register , monitor and check asbestos in private and public buildings , land , infrastructure , logistics and piping;


### 2. stresses the existence of different types of non-occupational exposure to asbestos , whether of para-occupational , domestic or environmental origin; ### 2. stresses the existence of different types of non-occupational exposure to asbestos , whether of para-occupational , domestic or environmental origin;


### 3. recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking; ### 3. recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking;


### 3. the development of information campaigns on asbestos to provide relevant information to workers , employers , owners , tenants , users of buildings and infrastructure , and citizens about the risks and legal obligations relating to asbestos; ### 3. the development of information campaigns on asbestos to provide relevant information to workers , employers , owners , tenants , users of buildings and infrastructure , and citizens about the risks , including of the synergistic effect of tobacco use and asbestos exposure , and legal obligations relating to asbestos and existing accompanying measures for the safe removal of asbestos;


### 4. recalls that a study by italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers; ### 4. recalls that a study by italian scientists has raised the important question of whether ingestion of water containing asbestos fibres increases the risk of gastric and colorectal cancers; stresses that , even if this analysis alone cannot make it possible to definitively conclude , at this stage , on the link between the ingestion of asbestos via water and the development of cancers of the gastrointestinal tract , the precautionary principle should apply given the uncertainties involved; considers that more research should be conducted on this important question;


### 4. recalls that a study by italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers; ### 4. recalls that a study by italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers;


### 4. the establishment of centres for the treatment and inerting of waste containing asbestos by providing for the phasing out of the disposal of such waste in landfills; ### 4. the establishment of centres and the promotion of research for the treatment and inerting of waste containing asbestos by providing for the phasing out of the disposal of such waste in landfills;


### 5. calls on the commission to set out a european strategy for the complete elimination of asbestos; calls on all member states to adopt national action plans to implement that strategy; considers that the commission should coordinate the national action plans , in particular through the adoption of a framework directive on this matter; ### 5. calls on the commission to set out a european strategy for the complete elimination of asbestos; calls on all member states to adopt national action plans to implement that strategy; considers that the commission should coordinate the national action plans , in particular through the adoption of a framework directive on this matter;


### 5. calls on the commission to set out a european strategy for the complete elimination of asbestos; calls on all member states to adopt national action plans to implement that strategy; considers that the commission should coordinate the national action plans , in particular through the adoption of a framework directive on this matter; ### 5. calls on the commission to set out a european strategy for the complete elimination of asbestos; calls on all member states to adopt national action plans to implement that strategy; considers that the commission should coordinate the national action plans , in particular through the adoption of a framework directive on this matter; points out that the safe removal of asbestos is an example of the need to apply the principle of health in all policies and is directly connected to recent and upcoming union policy initiatives such as the green deal with the renovation wave and europe’s beating cancer plan;


### 5. the establishment of a european framework for public and accessible asbestos registers , together with a mapping of the exact location of asbestos on public and private sites; ### 5. the establishment of a european framework for public and accessible asbestos registers , based on asbestos certificates delivered after the screening of buildings to map the exact location of asbestos on public and private sites;


### 6. a roadmap for asbestos-free workplaces and an asbestos-free environment , which could establish priority sectors and be subject to periodic evaluation every five years of the progress made by the national and regional authorities; ### 6. a roadmap for asbestos-free workplaces and an asbestos-free environment , which could establish priority sectors , comprise support for safe removal , and be subject to periodic evaluation every five years of the progress made by the national and regional authorities;


### 7. stresses that unsafe working conditions for workers may expose society as a whole to risks of asbestos exposure , in particular the families of the workers concerned; ### 7. stresses that unsafe working conditions for workers may expose society as a whole to risks of asbestos exposure , in particular the families of the workers concerned;


### 8. calls on the commission to support the dissemination of information on the various systems for the destruction of asbestos products based on best available techniques; ### 8. calls on the commission to support the dissemination of information on the various systems for the destruction of asbestos products based on best available techniques;


### 9. calls on the eu to work with other international organisations and third countries to achieve a global ban on asbestos; ### 9. calls on the eu to work with other international organisations and third countries to achieve a global ban on asbestos; stresses that asbestos should not be part of international trade , and that waste asbestos should not be exported to third countries;


### 9. calls on the eu to work with other international organisations and third countries to achieve a global ban on asbestos; ### 9. calls on the eu to work with other international organisations , notably the world health organization , and third countries to achieve a global ban on asbestos;


### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market by providing a fair and level playing field for all market participants , enabling the growth of innovative businesses , and guaranteeing a high level of consumer protection and choice; ### 1. recalls that competition policy is vital to the proper functioning and strengthening of the single market by providing a fair and level playing field for all market participants , both in non-digital and digital markets , enabling the growth of innovative businesses , and guaranteeing a high level of consumer protection and choice by leading to higher product choice , not only in terms of lowest price but also in terms of quality features; considers furthermore that smes would benefit from rigorous application of competition rules , both in offline and digital spheres;


### 3. recalls that regulating digital markets constitutes a core responsibility of the committee on internal market and consumer protection; in this context , highlights the adoption of the p2b regulation (regulation (eu) 2019/11501 ) and notes that ex ante regulatory intervention will address the gaps in ex post competition law enforcement; ### 3. recalls that regulating digital markets and strengthen fair competition between market participants by addressing both market failures and unfair business-to business practices constitute a core responsibility of the committee on internal market and consumer protection; in this context , highlights the adoption of the p2b regulation (regulation (eu) 2019/11501 ) and notes that ex ante regulatory intervention will address the gaps in ex post competition law enforcement;


### 6. stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties; ### 6. stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the eu level , especially in the context of fast-moving markets; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties;


### 7. calls on the commission to ensure fair and secure access to data for all market participants; notes that it should empower consumers to control their data and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on european values and fair competition. ### 7. calls on the commission to ensure fair secure and open-data access to data for all market participants , and in particular smes and micro-enterprises; notes that it should empower consumers to control their data and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on european values and fair competition; asks furthermore the commission to take into account the effects of access to personal and financial data when assessing market and network power , i.e. whether merging data and customer information during a merger distorts competition and weakens data protection , and whether an enterprise's access to exclusive analytical methods and patents excludes competitors;


### (3) it is necessary to improve the conditions for data sharing in the internal market , by creating a harmonised framework for data exchanges. sector-specific legislation can develop , adapt and propose new and complementary elements , depending on the specificities of the sector , such as the envisaged legislation on the european health data space25 and on access to vehicle data. moreover , certain sectors of the economy are already regulated by sector-specific union law that include rules relating to cross-border or union wide sharing or access to data26 . this regulation is therefore without prejudice to regulation (eu) 2016/679 of the european parliament and of the council (27 ) , and in particular the implementation of this regulation shall not prevent cross border transfers of data in accordance with chapter v of regulation (eu) 2016/679 from taking place , directive (eu) 2016/680 of the european parliament and of the council (28 ) , directive (eu) 2016/943 of the european parliament and of the council (29 ) , regulation (eu) 2018/1807 of the european parliament and of the council (30 ) , regulation (ec) no 223/2009 of the european parliament and of the council (31 ) , directive 2000/31/ec of the european parliament and of the council (32 ) , directive 2001/29/ec of the european parliament and of the council (33 ) , directive (eu) 2019/790 of the european parliament and of the council (34 ) , directive 2004/48/ec of the european parliament and of the council (35 ) , directive (eu) 2019/1024 of the european parliament and of the council (36 ) , as well as regulation 2018/858/eu of the european parliament and of the council (37 ) , directive 2010/40/eu of the european parliament and of the council (38 ) and delegated regulations adopted on its basis , and any other sector-specific union legislation that organises the access to and re-use of data. this regulation should be without prejudice to the access and use of data for the purpose of international cooperation in the context of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties. a horizontal regime for the re-use of certain categories of protected data held by public sector bodies , the provision of data sharing services and of services based on data altruism in the union should be established. specific characteristics of different sectors may require the design of sectoral data-based systems , while building on the requirements of this regulation. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act should also apply. ### (3) it is necessary to improve the conditions for data sharing in the internal market , by creating a harmonised framework for data exchanges. sector-specific legislation can develop , adapt and propose new and complementary elements , depending on the specificities of the sector , such as the envisaged legislation on the european health data space25 and on access to vehicle data. moreover , certain sectors of the economy are already regulated by sector-specific union law that include rules relating to cross-border or union wide sharing or access to data26 . this regulation is therefore without prejudice to directive (eu) 2016/943 of the european parliament and of the council (29 ) , regulation (eu) 2018/1807 of the european parliament and of the council (30 ) , regulation (ec) no 223/2009 of the european parliament and of the council (31 ) , directive 2000/31/ec of the european parliament and of the council (32 ) , directive 2001/29/ec of the european parliament and of the council (33 ) , directive (eu) 2019/790 of the european parliament and of the council (34 ) , directive 2004/48/ec of the european parliament and of the council (35 ) , directive (eu) 2019/1024 of the european parliament and of the council (36 ) , as well as regulation 2018/858/eu of the european parliament and of the council (37 ) , directive 2010/40/eu of the european parliament and of the council (38 ) and delegated regulations adopted on its basis , and any other sector-specific union legislation that organises the access to and re-use of data. this regulation should be without prejudice to union law on the access and use of data for the purpose of international cooperation in the context of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties. a horizontal regime for the re-use of certain categories of protected data held by public sector bodies , the provision of data sharing services and of services based on data altruism in the union should be established. specific characteristics of different sectors may require the design of sectoral data-based systems , while building on the requirements of this regulation. where a sector-specific union legal act requires public sector bodies , providers of data sharing services or registered entities providing data altruism services to comply with specific additional technical , administrative or organisational requirements , including through an authorisation or certification regime , those provisions of that sector-specific union legal act should also apply.


### (4) action at union level is necessary in order to address the barriers to a well-functioning data-driven economy and to create a union-wide governance framework for data access and use , in particular regarding the re-use of certain types of data held by the public sector , the provision of services by data sharing providers to business users and to data subjects , as well as the collection and processing of data made available for altruistic purposes by natural and legal persons. ### (4) action at union level is necessary in order to address the barriers to a well-functioning data-driven economy and to increase awareness and trust regarding the sharing of data , in particular by establishing proper mechanisms for data subjects to know and meaningfully exercise their rights , as well as data holders to exercise control over data , and create a union-wide governance framework for data access and use , in particular regarding the re-use of certain types of data held by the public sector , the provision of services by data sharing providers to business users and to data subjects , as well as the collection and processing of data made available for altruistic purposes by natural and legal persons.


### (5) the idea that data that has been generated at the expense of public budgets should benefit society has been part of union policy for a long time. directive (eu) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. however , certain categories of data (commercially confidential data , data subject to statistical confidentiality , data protected by intellectual property rights of third parties , including trade secrets and personal data not accessible on the basis of specific national or union legislation , such as regulation (eu) 2016/679 and directive (eu) 2016/680) in public databases is often not made available , not even for research or innovative activities. due to the sensitivity of this data , certain technical and legal procedural requirements must be met before they are made available , in order to ensure the respect of rights others have over such data. such requirements are usually time- and knowledge-intensive to fulfil. this has led to the underutilisation of such data. while some member states are setting up structures , processes and sometimes legislate to facilitate this type of re-use , this is not the case across the union. ### (5) the idea that data that has been generated at the expense of public budgets should benefit society has been part of union policy for a long time. directive (eu) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. however , certain categories of data (commercially confidential data , data subject to statistical confidentiality , data protected by intellectual property rights of third parties , including trade secrets and personal data not accessible on the basis of specific national or union legislation , such as regulation (eu) 2016/679 and directive (eu) 2016/680) in public databases is often not made available , not even for research or innovative activities. due to the sensitivity of this data , certain technical and legal procedural requirements must be met before they are made available , in order to ensure the respect of rights others have over such data. such legitimate requirements are usually time- and knowledge-intensive to fulfil. this has led to the underutilisation of such data. while some member states are setting up structures , processes and sometimes legislate to facilitate this type of re-use , this is not the case across the union.


### (5) the idea that data that has been generated at the expense of public budgets should benefit society has been part of union policy for a long time. directive (eu) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. however , certain categories of data (commercially confidential data , data subject to statistical confidentiality , data protected by intellectual property rights of third parties , including trade secrets and personal data not accessible on the basis of specific national or union legislation , such as regulation (eu) 2016/679 and directive (eu) 2016/680) in public databases is often not made available , not even for research or innovative activities. due to the sensitivity of this data , certain technical and legal procedural requirements must be met before they are made available , in order to ensure the respect of rights others have over such data. such requirements are usually time- and knowledge-intensive to fulfil. this has led to the underutilisation of such data. while some member states are setting up structures , processes and sometimes legislate to facilitate this type of re-use , this is not the case across the union. ### (5) the idea that data that has been generated at the expense of public budgets should benefit society has been part of union policy for a long time. directive (eu) 2019/1024 as well as sector-specific legislation ensure that the public sector makes more of the data it produces easily available for use and re-use. however , certain categories of data (commercially confidential data , data subject to statistical confidentiality , data protected by intellectual property rights of third parties , including trade secrets and personal data not accessible on the basis of specific national or union legislation , such as regulation (eu) 2016/679 and directive (eu) 2016/680) in public databases is often not made available , not even for research or innovative activities. due to the sensitivity of this data , certain technical and legal procedural requirements must be met before they are made available , in order to ensure the respect of rights others have over such data , or limit negative impact on fundamental rights , the principle of non-discrimination and data protection. such technical and legal procedural requirements are usually time- and knowledge-intensive to fulfil. this has led to the underutilisation of such data and a lack of public trust , transparency , and legal clarity. while some member states are setting up structures , processes and sometimes legislate to facilitate this type of re-use , this is not the case across the union.


### (6) there are techniques enabling privacy-friendly analyses on databases that contain personal data , such as anonymisation , pseudonymisation , differential privacy , generalisation , or suppression and randomisation. application of these privacy-enhancing technologies , together with comprehensive data protection approaches should ensure the safe re-use of personal data and commercially confidential business data for research , innovation and statistical purposes. in many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. there is experience at union level with such secure processing environments that are used for research on statistical microdata on the basis of commission regulation (eu) 557/2013 (39 ). in general , insofar as personal data are concerned , the processing of personal data should rely upon one or more of the grounds for processing provided in article 6 of regulation (eu) 2016/679. ### (6) there are techniques enabling privacy-friendly analyses on databases that contain personal data , such as anonymisation , pseudonymisation , differential privacy , generalisation , or suppression and randomisation. application of these privacy-enhancing technologies , together with comprehensive data protection approaches should be prioritised in order to ensure privacy by design and by default , permitting the safer re-use of personal data and commercially confidential business data for research , innovation and statistical purposes. in many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. there is experience at union level with such secure processing environments that are used for research on statistical microdata on the basis of commission regulation (eu) 557/2013 (39 ). in general , insofar as personal data are concerned , the processing of personal data should rely upon one or more of the grounds for processing provided in article 6 of regulation (eu) 2016/679.


### (6) there are techniques enabling privacy-friendly analyses on databases that contain personal data , such as anonymisation , pseudonymisation , differential privacy , generalisation , or suppression and randomisation. application of these privacy-enhancing technologies , together with comprehensive data protection approaches should ensure the safe re-use of personal data and commercially confidential business data for research , innovation and statistical purposes. in many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. there is experience at union level with such secure processing environments that are used for research on statistical microdata on the basis of commission regulation (eu) 557/2013 (39 ). in general , insofar as personal data are concerned , the processing of personal data should rely upon one or more of the grounds for processing provided in article 6 of regulation (eu) 2016/679. ### (6) there are techniques enabling analyses on databases that contain personal data , such as anonymisation , pseudonymisation , differential privacy , generalisation , or suppression , and randomisation that could contribute to a more privacy-friendly processing of data. application of these technologies , together with comprehensive data protection impact assessments and other approaches , can contribute to more safety in the use and re-use of personal data and commercially confidential business data for research , innovation and statistical purposes. in many cases this implies that the data use and re-use in this context can only be done in a secure processing environment set in place and supervised by the public sector. there is experience at union level with such secure processing environments that are used for research on statistical microdata on the basis of commission regulation (eu) 557/2013 ([1]).in general , insofar as personal data are concerned , the processing of personal data should rely upon one or more of the grounds for processing provided in article 6 and 9 of regulation (eu) 2016/679


### (7) the categories of data held by public sector bodies which should be subject to re-use under this regulation fall outside the scope of directive (eu) 2019/1024 that excludes data which is not accessible due to commercial and statistical confidentiality and data for which third parties have intellectual property rights. personal data fall outside the scope of directive (eu) 2019/1024 insofar as the access regime excludes or restricts access to such data for reasons of data protection , privacy and the integrity of the individual , in particular in accordance with data protection rules. the re-use of data , which may contain trade secrets , should take place without prejudice to directive (eu) 2016/94340 , which sets the framework for the lawful acquisition , use or disclosure of trade secrets. this regulation is without prejudice and complementary to more specific obligations on public sector bodies to allow re-use of data laid down in sector-specific union or national law. ### (7) the categories of data held by public sector bodies which should be subject to re-use under this regulation fall outside the scope of directive (eu) 2019/1024 that excludes data which is not accessible due to commercial and statistical confidentiality and data for which third parties have intellectual property rights. this regulation should apply to personal data that fall outside the scope of directive (eu) 2019/1024 insofar as the access regime excludes or restricts access to such data for reasons of data protection , privacy and the integrity of the individual , in particular in accordance with data protection rules. the re-use of data , which may contain trade secrets , should take place without prejudice to directive (eu) 2016/943 , which sets the framework for the lawful acquisition , use or disclosure of trade secrets. this regulation is without prejudice and complementary to more specific obligations on public sector bodies to allow re-use of data laid down in sector-specific union or national law. this regulation should not create an obligation to allow re-use of personal data held by public sector bodies.


### (9) public sector bodies should comply with competition law when establishing the principles for re-use of data they hold , avoiding as far as possible the conclusion of agreements , which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. such agreement should be only possible when justified and necessary for the provision of a service of general interest. this may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question , for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service or the product which allows the public sector body to provide an advanced digital service in the general interest. such arrangements should , however , be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. in addition , such arrangements should comply with the relevant state aid rules , as appropriate , and should be concluded for a limited period , which should not exceed three years. in order to ensure transparency , such exclusive agreements should be published online , regardless of a possible publication of an award of a public procurement contract. ### (9) public sector bodies should comply with competition law when establishing the principles for re-use of data they hold , avoiding as far as possible the conclusion of agreements , which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. such agreement should be only possible when justified and necessary for the provision of a service of general interest. this may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question. such arrangements should , however , be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. in addition , such arrangements should comply with the relevant state aid rules , as appropriate , and should be concluded for a limited period , which should not exceed three years. in order to ensure transparency , such exclusive agreements should be published online , regardless of a possible publication of an award of a public procurement contract.


### (9) public sector bodies should comply with competition law when establishing the principles for re-use of data they hold , avoiding as far as possible the conclusion of agreements , which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. such agreement should be only possible when justified and necessary for the provision of a service of general interest. this may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question , for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service or the product which allows the public sector body to provide an advanced digital service in the general interest. such arrangements should , however , be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. in addition , such arrangements should comply with the relevant state aid rules , as appropriate , and should be concluded for a limited period , which should not exceed three years. in order to ensure transparency , such exclusive agreements should be published online , regardless of a possible publication of an award of a public procurement contract. ### (9) public sector bodies should comply with competition law when establishing the principles for re-use of data they hold , avoiding as far as possible the conclusion of agreements , which might have as their objective or effect the creation of exclusive rights for the re-use of certain data. such agreement should be only possible when justified and necessary for the provision of a service of public interest. this may be the case when exclusive use of the data is the only way to maximise the societal benefits of the data in question , for example where there is only one entity (which has specialised in the processing of a specific dataset) capable of delivering the service or the product which allows the public sector body to provide an advanced digital service in the public interest. such arrangements should , however , be concluded in compliance with public procurement rules and be subject to regular review based on a market analysis in order to ascertain whether such exclusivity continues to be necessary. in addition , such arrangements should comply with the relevant state aid rules , as appropriate , and should be concluded for a limited period , which should not exceed three years. in order to ensure transparency , such exclusive agreements should be published online , regardless of a possible publication of an award of a public procurement contract.


### (11) conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re-use , and which should be without prejudice to rights or obligations concerning access to such data , should be laid down. those conditions should be non-discriminatory , proportionate and objectively justified , while not restricting competition. in particular , public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. depending on the case at hand , before its transmission , personal data should be fully anonymised , so as to definitively not allow the identification of the data subjects , or data containing commercially confidential information modified in such a way that no confidential information is disclosed. where provision of anonymised or modified data would not respond to the needs of the re-user , on-premise or remote re-use of the data within a secure processing environment could be permitted. data analyses in such secure processing environments should be supervised by the public sector body , so as to protect the rights and interests of others. in particular , personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. the public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. the public sector bodies , where relevant , should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. in this respect , the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users , where practically feasible. no contact information should be given that allows re-users to contact data subjects or companies directly. ### (11) conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re-use , and which should be without prejudice to rights or obligations concerning access to such data , should be laid down. those conditions should be non-discriminatory , proportionate and objectively justified , while not restricting competition. in particular , public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. public sector bodies should apply conditions which best serve the interests of the re-user without requiring a disproportionate effort for the public sector. depending on the case at hand , before its transmission , personal data should be fully anonymised , so as to definitively not allow the identification of the data subjects , or data containing commercially confidential information modified in such a way that no confidential information is disclosed. where this does not create meaningful risks for the rights and interests of data subjects , on-premise or remote re-use of the data within a secure processing environment could be permitted. data analyses in such secure processing environments should be supervised by the public sector body , so as to protect the rights and interests of others. in particular , personal data should only be transmitted for re-use to a third party where a legal basis under regulation 2016/679 allows such transmission. the public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. the public sector bodies , where relevant , should facilitate the re-use of personal data on the basis of informed consent of data subjects or , with regard to non-personal data , on the basis of permissions of legal persons on the re-use of data pertaining to them , through the use of adequate technical means. in this respect , the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users , where practically feasible. no contact information should be given that allows re-users to contact data subjects or companies directly. when transmitting the request to consent , the public sector body should ensure that the request is presented in a neutral way and that the data subject is clearly informed about the possibility to refuse such a request , risks involved in giving consent and how to subsequently easily revoke their consent.


### (11) conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re-use , and which should be without prejudice to rights or obligations concerning access to such data , should be laid down. those conditions should be non-discriminatory , proportionate and objectively justified , while not restricting competition. in particular , public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate effort for the public sector. depending on the case at hand , before its transmission , personal data should be fully anonymised , so as to definitively not allow the identification of the data subjects , or data containing commercially confidential information modified in such a way that no confidential information is disclosed. where provision of anonymised or modified data would not respond to the needs of the re-user , on-premise or remote re-use of the data within a secure processing environment could be permitted. data analyses in such secure processing environments should be supervised by the public sector body , so as to protect the rights and interests of others. in particular , personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. the public sector body could make the use of such secure processing environment conditional on the signature by the re-user of a confidentiality agreement that prohibits the disclosure of any information that jeopardises the rights and interests of third parties that the re-user may have acquired despite the safeguards put in place. the public sector bodies , where relevant , should facilitate the re-use of data on the basis of consent of data subjects or permissions of legal persons on the re-use of data pertaining to them through adequate technical means. in this respect , the public sector body should support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users , where practically feasible. no contact information should be given that allows re-users to contact data subjects or companies directly. ### (11) conditions for re-use of protected data that apply to public sector bodies competent under national law to allow re-use , and which should be without prejudice to rights or obligations concerning access to such data , should be laid down. those conditions should be non-discriminatory , proportionate and objectively justified , while not restricting competition. public sector bodies allowing re-use should have in place the technical means necessary to ensure the protection of rights and interests of third parties. conditions attached to the re-use of data should be limited to what is necessary to preserve the rights and interests of others in the data and the integrity of the information technology and communication systems of the public sector bodies. public sector bodies should apply conditions which best serve the interests of the re-user without leading to a disproportionate burden for the public sector. conditions should be designed to ensure effective safeguards with regard to the protection of personal data. before its transmission , personal data should be fully anonymised , so as to definitively not allow the identification of the data subjects , or data containing commercially confidential information modified in such a way that no confidential information is disclosed. where the impact on the protection of personal data has been carefully assessed and the risks for the rights and interests of data subjects are minimal , on-premise or remote re-use of the data within a secure processing environment could be permitted. data analyses in such secure processing environments should be supervised by the public sector body , so as to protect the rights and interests of others. in particular , personal data should only be transmitted for re-use to a third party where a legal basis allows such transmission. in a context of growing availability and sharing of data , even the re-use of non-personal data could have an impact on the protection of personal data , especially where such data are the result of anonymisation and other techniques , as an increase in available data can lead to an increase in the chance of re-identification of data subjects , as also pointed out in the aepd-edps joint paper on 10 misunderstandings related to anonymisation , published on 27 april 20211a.the public sector bodies , where relevant , should facilitate the re-use of personal data on the basis of consent of data subjects or , in case of non-personal data , on the basis of permissions of legal persons on there-use of data pertaining to them , through adequate technical means. in this respect , it should be possible for the public sector body to support potential re-users in seeking such consent by establishing technical mechanisms that permit transmitting requests for consent from re-users , where permitted and practically feasible. no contact information should be given that allows re-users to contact data subjects or companies directly. when transmitting the request to consent to data subjects that have previously agreed to being contacted , the public sector body should ensure that the data subjects are thoroughly informed of their rights , in particular of the right to refuse such a request. the responsibility for demonstrating that valid consent has been obtained should lie with the re-users.


### (12) the intellectual property rights of third parties should not be affected by this regulation. this regulation should neither affect the existence or ownership of intellectual property rights of public sector bodies , nor should it limit the exercise of these rights in any way beyond the boundaries set by this regulation. the obligations imposed in accordance with this regulation should apply only insofar as they are compatible with international agreements on the protection of intellectual property rights , in particular the berne convention for the protection of literary and artistic works (berne convention) , the agreement on trade-related aspects of intellectual property rights (trips agreement) and the wipo copyright treaty (wct). public sector bodies should , however , exercise their copyright in a way that facilitates re-use. ### (12) the intellectual property rights of third parties should not be affected by this regulation. this regulation should neither affect the existence or ownership of intellectual property rights of public sector bodies , nor should it limit the exercise of these rights in any way beyond the boundaries set by this regulation. the obligations imposed in accordance with this regulation should apply only insofar as they are compatible with international agreements on the protection of intellectual property rights , in particular the berne convention for the protection of literary and artistic works (berne convention) , the agreement on trade-related aspects of intellectual property rights (trips agreement) and the wipo copyright treaty (wct). public sector bodies should , however , exercise their copyright in a way that facilitates re-use and encourages a transparent and cooperative approach to data , including by using a creative commons approach to licensing to data that is not already open data.


### (14) companies and data subjects should be able to trust that the re-use of certain categories of protected data , which are held by the public sector , will take place in a manner that respects their rights and interests. additional safeguards should thus be put in place for situations in which the re-use of such public sector data is taking place on the basis of a processing of the data outside the public sector. such an additional safeguard could be found in the requirement that public sector bodies should take fully into account the rights and interests of natural and legal persons (in particular the protection of personal data , commercially sensitive data and the protection of intellectual property rights) in case such data is transferred to third countries. ### (14) companies and data subjects should be able to trust that the re-use of certain categories of protected data , which are held by the public sector , will take place in a manner that respects their rights and interests. additional safeguards should thus be put in place for situations in which the re-use of such public sector data is taking place on the basis of a processing of the data outside the public sector. such an additional safeguard could be found in the requirement that public sector bodies should fully respect the rights and interests of natural and legal persons (in particular the protection of personal data , commercially sensitive data and the protection of intellectual property rights). particular care is needed when such data is transferred to third countries.