### insofar as online marketplaces act as mere intermediaries between economic operators on the one hand , and members of the general public , professional users or farmers on the other hand , they should not be required to instruct their personnel involved in the sale of restricted explosives precursors or verify the identity and , where appropriate , the licence of the prospective customer or request other information from the prospective customer . however , given the central role which online marketplaces that act as an intermediary play in online economic transactions , including as regards the sales of restricted explosives precursors , it is appropriate that they should inform , in a clear and effective manner , users who aim to make available restricted explosives precursors through the use of their services of the obligations under this regulation . in addition , it is appropriate that online marketplaces that act as an intermediary take measures to help ensure that their users comply with their obligations regarding verification , for instance by offering tools to faciliate verification of licences . all such obligations on online marketplaces that act as an intermediary under this regulation should be without prejudice to articles 14 and 15 of directive 2000 / 31 / ec of the european parliament and of the council34 . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### insofar as online marketplaces act as mere intermediaries between economic operators on the one hand , and members of the general public , professional users or farmers on the other hand , they should not be required to instruct their personnel regarding the obligations under this regulation or to verify the identity and , where appropriate , the licence of the prospective customer or request other information from the prospective customer . however , given the central role which online marketplaces that act as an intermediary play in online economic transactions , including as regards the sales of restricted explosives precursors , it is appropriate that they inform , in a clear and effective manner , users who aim to make available regulated explosives precursors of their obligations under this regulation . they should also take measures to help ensure that their users comply with their obligations regarding verification , for instance by offering tools to facilitate verification of licences . in addition , they should be subject to the same detection and reporting obligations as economic operators with respect to suspicious transactions .


### economic operators , other than online marketplaces that act as an intermediary , shall have in place procedures to detect suspicious transactions , targeted to the environment in which the regulated explosives precursors are offered . ### economic operators and online marketplaces that act as an intermediary shall have procedures in place to detect suspicious transactions , targeted to the environment in which the regulated explosives precursors are offered .


### economic operators shall report such suspicious transactions after having regard to all the circumstances and in particular where the prospective customer displays one or more of the following : ### economic operators and online marketplaces acting as an intermediary shall report such suspicious transactions after having regard to all the circumstances and in particular where the prospective customer displays one or more of the following :


### economic operators may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction within 24 hours , including if possible the identity of the customer , to the national contact point of the member state where the suspicious transaction was concluded or attempted . ### economic operators and online marketplaces that act as an intermediary may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction within 12 hours , including if possible the identity of the customer , to the national contact point of the member state where the suspicious transaction was concluded or attempted . should an economic operator or online marketplace that acts as an intermediary be unable to report within 12 hours , it shall report without undue delay .


### the competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it . ### the competent authority of the member state in which the main establishment of the hosting service provider or its designated representative is located shall have the power to issue a removal order requiring the hosting service provider to remove illegal terrorist content or disable access to it . requests by an independent competent administrative body must&#160 ; be&#160 ; obtained&#160 ; with&#160 ; a&#160 ; court&#160 ; order&#160 ; under an expeditious proceeding .


### the available budget shall be allocated in a geographically balanced manner to projects meeting the above conditions in view of the proposals received and , in principle , on a ' first come , first served ' basis . ### the available budget shall be allocated in a geographically balanced manner with priority being given to projects in areas identified as lagging behind in connectivity and digital literacy , meeting the eligibility criteria detailed in the work programme and , in principle , on a ' first come , first served ' basis .


### due to the limited reach of any single local wireless access point and the small value of individual projects covered , access points benefitting from financial assistance under this regulation are not expected to challenge commercial offers . in order to further ensure that such financial assistance does not unduly distort competition , crowd out private investments or create disincentives for private operators to invest , the intervention should be limited to projects that do not duplicate already existing private or public offers of similar characteristics in the same area . this should not exclude additional support to deployments under this initiative from public or private sources of funding . ### due to the limited reach of any single local wireless access point and the small value of individual projects covered , access points benefitting from financial assistance under this regulation are not expected to challenge commercial offers . in order to further ensure that such financial assistance does not unduly distort competition , crowd out private investments or create disincentives for private operators to invest , the intervention should be focused on areas determined by the member states or the commission as lagging behind in connectivity or digital literacy and limited to projects that do not duplicate already existing private or public offers of similar characteristics in the same area . this should not exclude additional support to deployments under this initiative from public or private sources of funding


### support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high - speed broadband in the centres of public life . such entities could include municipalities and other local public authorities , libraries and hospitals . ### support of this kind should encourage entities with a public mission such as local public authorities to offer free local wireless connectivity , while guaranteeing high levels of cybersecurity - as an ancillary service to their public mission ; in this regard , such support should thus help to ensure that local communities are guaranteed access to information and involvement in public life , can improve their digital skills and can experience the benefits of very high - speed broadband in the centres of public life . such entities could include premises of the municipal administrations and other local public authorities and their immediate vicinity as well as public libraries , museums , schools and universities , community centres , multipurpose spaces , culture , sport , youth establishments , municipal squares and parks as well as health care facilities , also ensuring that the interactions between those bodies and the local services providers are less burdensome and faster for the smes and the whole process less bureaucratic . the offer of high - speed free wireless connectivity could be also provided to free accessible spaces of public transport , such as waiting areas . improving access to fast and ultra - fast broadband and ict services , especially in remote areas , can increase the quality of life of individuals by facilitating access to services and the economic possibilities for local business and start - ups , ultimately improving social inclusion , economic growth and competitiveness . the competent authorities should therefore ensure that nobody is left behind and that the internet content and online services are accessible to all , including citizens who are not digitally literate and people with disabilities .


### ‘ critical benchmark’ means a benchmark , the majority of contributors to which are supervised entities and that reference financial instruments having a notional value of at least 500 billion euro ; ### ' critical benchmark ' means a benchmark with reference financial instruments having a notional value of at least 100 billion euro ; or a benchmark that in the event it were to be provided or were provided using an unrepresentative set of contributors or input data , this would have a significant adverse impact on financial stability , the orderly functioning of the markets , consumers or the real economy , in one or more member states or states or other jurisdiction which are different to the member state where the benchmark ' s administrator is located ;


### an administrator shall publish the input data used to determine the benchmark immediately after publication of the benchmark except where publication would have serious adverse consequences for the contributors or adversely affect the reliability or integrity of the benchmark . in such cases publication may be delayed for a period that significantly diminishes these consequences . any personal data included in input data shall not be published . ### an administrator shall publish and update at least annually the input data , including the names of the contributors , used to determine the benchmark immediately after publication of the benchmark except where publication would have serious adverse consequences for the contributors or adversely affect the reliability or integrity of the benchmark . in such cases publication may be delayed for a period of up to one month . any such delay shall be notified and justified to the competent authority . any personal data included in input data shall not be published .


### ‘ commodity benchmark’ means a benchmark where the underlying asset for the purposes of point of this article is a commodity within the meaning of point of article 2 of commission regulation no 1287 / 200627 ; emission allowances as defined in point of section c of annex i of [ mifid ] shall not be considered commodities for the purpose of this regulation ; __________________ 27 oj l 241 , 2 . 9 . 2006 , p . 1 . ### ‘ commodity benchmark’ means a benchmark where the underlying asset for the purposes of point of this article is a commodity within the meaning of point of article 2 of commission regulation no 1287 / 200627 ; __________________ 27 oj l 241 , 2 . 9 . 2006 , p . 1 .


### ‘ regulated data’ means input data that is contributed directly from a trading venue as defined in point of paragraph 1 of article 2 of [ mifir ] or approved publication arrangement as defined in point of paragraph 1 of article 2 of [ mifir ] or an approved reporting arrangement as defined in point of paragraph 1 of article 2 of [ mifir ] in accordance with mandatory post trade data requirements or an electricity exchange as referred to in point of paragraph 1 of article 37 of directive 2009 / 72 / ec19 or a natural gas exchange as referred to in point of paragraph 1 of article 41 of directive 2009 / 73 / ec20 or an auction platform referred to in article 26 or in article 30 of regulation no 1031 / 2010 of the european parliament and of the council ; __________________ 19 oj l 211 , 14 . 8 . 2009 , p . 55 . 20 oj l 9 , 14 . 8 . 2009 , p . 112 . ### ' regulated data ' means input data that is sourced from venues subject to mandatory post trade transparency requirements and that is contributed directly from a trading venue as defined in point of paragraph 1 of article 2 of [ mifir ] or approved publication arrangement as defined in point of paragraph 1 of article 2 of [ mifir ] or an approved reporting arrangement as defined in point of paragraph 1 of article 2 of [ mifir ] in accordance with mandatory post trade data requirements or an electricity exchange as referred to in point of paragraph 1 of article 37 of directive 2009 / 72 / ec19or a natural gas exchange as referred to in point of paragraph 1 of article 41 of directive 2009 / 73 / ec20 or an auction platform referred to in article 26 or in article 30 of regulation no 1031 / 2010 of the european parliament and of the council ; or from a third country market considered as equivalent to a regulated market in accordance with article 19 of directive 2004 / 39 / ec ; __________________ 19 oj l 211 , 14 . 8 . 2009 , p . 55 . 20 oj l 9 , 14 . 8 . 2009 , p . 112 .


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . others , however , have not had this debate . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area .


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the eu is a party as of 21 january 2011 , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### no sooner than [ five years after the date of application ] , the commission shall carry out an evaluation of this regulation and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this regulation . ### by [ five years after the date of application ] , the commission shall carry out an evaluation of this regulation and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this regulation . the commission ' s report shall take into account the viewpoints of relevant non - governmental organisations , including organisations of and by persons with disabilities and those representing older persons .


### if the institution does not work on a cross - border basis , member states should be able to permit underfunding provided that a proper plan is established to restore full funding and without prejudice to the requirements of council directive 80 / 987 / eec of 20 october 1980 on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employer . 28 _______________ 28 oj l 283 , 28 . 10 . 1980 , p . 23 . ### member states should be able to permit underfunding provided that a proper plan is established to restore full funding , protection of the employees and without prejudice to the requirements of council directive 80 / 987 / eec of 20 october 1980 on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employer . 28 _______________ 28 oj l 283 , 28 . 10 . 1980 , p . 23 .


### the internal market should allow institutions to operate in other member states and ensure a high level of protection for members and beneficiaries of occupational retirement schemes . ### in the internal market institutions should have the possibility to operate in other member states on condition that that a high level of protection for members and beneficiaries of occupational retirement schemes is ensured .


### if the institution does not work on a cross - border basis , member states should be able to permit underfunding provided that a proper plan is established to restore full funding and without prejudice to the requirements of council directive 80 / 987 / eec of 20 october 1980 on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employer . 28 __________________ 28 oj l 283 , 28 . 10 . 1980 , p . 23 . ### if the institution does not work on a cross - border basis , member states should be able to permit temporary underfunding provided that a proper recovery plan with a clear timeline is established and approved by the competent authority to restore full funding and without prejudice to the requirements of council directive 80 / 987 / eec of 20 october 1980 on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employer . 28 __________________ 28 oj l 283 , 28 . 10 . 1980 , p . 23 .


### if the institution does not work on a cross - border basis , member states should be able to permit underfunding provided that a proper plan is established to restore full funding and without prejudice to the requirements of council directive 80 / 987 / eec of 20 october 1980 on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employer . 28 __________________ 28 oj l 283 , 28 . 10 . 1980 , p . 23 . ### member states should be able to allow institutions to be underfunded for a limited period of time , provided that a proper plan is established to restore full funding and without prejudice to the requirements of council directive 80 / 987 / eec28 . __________________ 28 council directive 80 / 987 / eec of 20 october 1980 on the approximation of the laws of the member states relating to the protection of employees in the event of the insolvency of their employer .


### the internal market should allow institutions to operate in other member states and ensure a high level of protection for members and beneficiaries of occupational retirement schemes . ### in the internal market institutions should have the possibility to operate in other member states on condition that a high level of protection for members and beneficiaries of occupational pension schemes is ensured .


### the risk evaluation for pensions shall be an integral part of the operational strategy and shall be taken into account in the strategic decisions of the institution . ### the risk evaluation for pensions shall be performed regularly and without delay following any significant change in the risk profile of the institution or of the pension scheme . it shall be made available to the members of the scheme and be published .


### action is needed to further develop complementary private retirement savings such as occupational pensions . this is important since social - security systems are coming under increasing pressure , which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future . occupational retirement pensions should be developed , without , however , calling into question the importance of social - security pension systems in terms of secure , durable and effective social protection , which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the european social model . ### action is needed to further ensure that statutory social security schemes protect from old age poverty while occupational pension schemes can provide for a valuable addition . this is important since employees can improve their future financial situation through occupational retirement pensions . therefore , it is a key objective of this directive to promote occupational pension schemes , to reinforce successful models of institutions for occupational retirement provision and to protect their continued existence . occupational retirement pensions should be developed , without , however , calling into question the importance of social - security pension systems in terms of secure , durable and effective social protection , which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the european social models .


### the programme has the general objective to develop and modernise the trans - european networks in the fields of transport , energy and digital and to facilitate cross - border cooperation in the field of renewable energy , taking into account the long - term decarbonisation commitments and with emphasis on synergies among sectors . ### the programme has the general objective to develop and modernise the trans - european networks in the fields of transport , energy and digital and to facilitate cross - border cooperation in the field of renewable energy , in accordance with the long - term decarbonisation commitments and with emphasis on synergies among sectors . the programme supports especially infrastructure projects that contribute to minimise external costs in the fields of safety , environment and climate . to this effect , at least 70% of the overall financial envelope of the programme shall contribute to fulfil the climate objectives .


### actions implementing the core network in accordance with chapter iii of regulation no 1315 / 2013 , including actions relating to urban nodes , maritime ports , inland ports and rail - road terminals of the core network as defined at annex ii to regulation no 1315 / 2013 . actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in article 19 of this regulation ; ### actions implementing the core network in accordance with chapter iii of regulation no 1315 / 2013 , including actions relating to urban nodes , maritime , inland , hinterland ports and rail - road terminals of the core network as defined at annex ii to regulation no 1315 / 2013 , as well as intermodal interconnections between the core end comprehensive networks . actions implementing the core network may include related elements located on the comprehensive network when necessary to optimize the investment and according to modalities specified in the work programmes referred to in article 19 of this regulation ;


### to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart , sustainable , inclusive , safe and secure mobility ; ### to contribute to the development of projects of common interest relating to sustainable , efficient and interconnected networks and infrastructure for smart , zero - emission , inclusive , safe and secure mobility ;


### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or alternative fuels . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions . ### an important objective of this programme is to deliver increased synergies between the transport , energy and digital sector . for that purpose , the programme should provide for the adoption of cross - sectoral work programmes that could address specific intervention areas , for instance as regards connected and automated mobility or sustainable alternative fuels , if contributing to emissions reductions in view of the eu’s long term ghg emissions reduction target . in addition , the programme should allow , within each sector , the possibility to consider eligible some ancillary components pertaining to another sector , where such an approach improves the socio - economic benefit of the investment . synergies between sectors should be incentivized through the award criteria for the selection of actions .


### to contribute to the development of projects of common interest relating to efficient and interconnected networks and infrastructure for smart , sustainable , inclusive , safe and secure mobility ; ### to contribute to the development of projects of european added value and common interest relating to efficient and interconnected networks and infrastructure for smart , interoperable , intermodal , sustainable , inclusive , safe and secure transport and mobility ;


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every three years and the results thereof shall be communicated to the other member states , the commission , the forum established in article 10 , and , in accordance with article 12 of directive 2016 / xxx on the reduction of national emissions of certain atmospheric pollutants and amending directive 2003 / 35 / ec , the european clean air forum . the member state concerned shall make a summary of the results accessible to the public , which shall include in particular the number of type - approvals granted or rejected , the subject of the type - approval certificate , and the identity of the corresponding manufacturers .


### the eu type - approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements . verification shall include a documentary check of all requirements covered by an eu type - approval for an incomplete type of vehicle granted in the course of a multi - stage procedure , even where granted for a different category of vehicle . ### the eu type - approval for the final stage of completion shall be granted only after the approval authority has verified that the type of vehicle approved at the final stage meets at the time of the approval all applicable technical requirements . verification shall include a documentary check of all requirements covered by an eu type - approval for an incomplete type of vehicle granted in the course of a multi - stage procedure , even where granted for a different category of vehicle . the authority approving the final stage of the vehicle shall be responsible for ensuring the completed vehicle fulfils all the requirements , and shall , where necessary , repeat original tests to verify that the performance of systems and components that were approved separately is still in conformity with those type approvals when incorporated into a completed vehicle .


### where an approval authority or market surveillance authority finds that vehicles , systems , components or separate technical units are not in conformity with this regulation or that the type - approval has been granted on the basis of incorrect data or that vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , it may take all appropriate restrictive measures in accordance with article 53 . ### where an approval authority or market surveillance authority finds that vehicles , systems , components or separate technical units are not in conformity with this regulation or that the type - approval has been granted on the basis of incorrect data or that vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , it shall take all appropriate restrictive measures in accordance with article 53 .


### the commission shall organise and carry out , or require to be carried out , on an adequate scale , tests and inspections of vehicles , systems , components and separate technical units already made available on the market , with a view to verifying that those vehicles , systems , components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals . ### the european vehicle surveillance agency shall organise and carry out , or require to be carried out , on an adequate scale , tests and inspections of vehicles , systems , components and separate technical units already made available on the market , with a view to verifying that those vehicles , systems , components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals .


### the member state may refuse to register such vehicles until the economic operator has taken all appropriate corrective measures . ### the member state shall refuse to register such vehicles until the economic operator has taken all appropriate corrective measures .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities and the quality of the type - approvals issued . such reviews and assessments shall be carried out at least every two years and the results thereof shall be communicated to the other member states , the commission and third parties upon request . the member state concerned shall make a full report of the results accessible to the general public , in particular the number of type - approval granted and rejected and the identity of the corresponding manufacturers and vehicle types .


### this forum shall be composed of members appointed by the member states . ### this forum shall be composed of members appointed by the member states , representatives of the commission , as well as representatives of technical services , third - party testing organisations , safety and environment ngos and consumer groups . it shall be chaired by the agency .


### where , in the course of that evaluation , the approval authority that granted the approval finds that the vehicle , system , component or separate technical unit does not comply with the requirements laid down in this regulation , it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle , system , component or separate technical unit into compliance with those requirements , or take restrictive measures , either to withdraw the vehicle , system , component or separate technical unit from the market , or to recall it within a reasonable period , depending on the nature of the risk . ### where , in the course of that evaluation , the approval authority that granted the approval finds that the vehicle , system , component or separate technical unit does not comply with the requirements laid down in this regulation , it shall require without delay the relevant economic operator to take all appropriate corrective measures to bring the vehicle , system , component or separate technical unit into compliance with those requirements , or take restrictive measures , either to immediately withdraw the vehicle , system , component or separate technical unit from the market , or to recall it within 3 months , depending on the nature of the risk .


### an in - house technical service does not need to be notified to the commission for the purposes of article 78 , but information concerning its accreditation shall be given by the manufacturer of which it forms part or by the national accreditation body to the type - approval authority at the request of that authority . ### an in - house technical service shall be notified to the commission as set out in article 78 .


### where vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , or are not in conformity with this regulation or were approved on the basis of incorrect data , the approval authorities , market surveillance authorities or the commission may take the necessary restrictive measures in accordance with article 21 of regulation no 765 / 2008 , to prohibit or restrict the making available on the market , registration or entry into service on the market of non - compliant vehicles , systems , components or separate technical units , or to withdraw them from that market or to recall them , including the withdrawal of the type - approval by the approval authority that granted the eu type - approval , until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles , systems , components or separate technical units are brought into conformity . ### where vehicles , systems , components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type , or are not in conformity with this regulation or were approved on the basis of incorrect data , the approval authorities , market surveillance authorities or the agency shall take the necessary restrictive measures in accordance with article 21 of regulation no 765 / 2008 , to prohibit or restrict the making available on the market , registration or entry into service on the market of non - compliant vehicles , systems , components or separate technical units , or to withdraw them from that market or to recall them , including the withdrawal of the type - approval by the approval authority that granted the eu type - approval , until the relevant economic operator has taken all appropriate corrective measures to ensure that vehicles , systems , components or separate technical units are brought into conformity .


### those national fees shall be levied on the manufacturers who have applied for type - approval in the member state concerned . fees shall not be levied directly by technical services . ### the national fees regarding type - approvals activities shall be levied on the manufacturers who have applied for type - approval in the member state concerned . fees shall not be levied directly by technical services . member states shall levy a eur 10 fee per each vehicle sold on their territory on an annual basis to cover the costs of market surveillance and all other compliance verification activities required pursuant to the provisions of this regulation .


### ‘ market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles , systems , components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant union legislation and do not endanger health , safety or any other aspect of public interest protection ; ### ‘ market surveillance’ means the activities carried out and measures taken by the market surveillance authority to ensure that vehicles , systems , components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant union legislation and do not endanger health , safety , the environment or any other aspect of public interest protection ;


### compliance verification by the commission and enforcement co - ordination with member states ### compliance verification by the european surveillance authority and enforcement co - ordination with member states


### a technical service shall be established under the national law of a member state and have legal personality , except for an accredited in - house technical service of a manufacturer , as referred to in article 76 . ### a technical service shall be established under the national law of a member state and have legal personality .


### member states shall establish a national fee structure to cover the costs for their type - approvals and market surveillance activities as well as for the type - approval testing and conformity of production testing and inspections carried out by the technical services they have designated . ### member states shall establish a national fee structure to cover the costs for their type - approvals as well as for the type - approval testing and conformity of production testing and inspections carried out by the technical services they have designated .


### in order to increase transparency and mutual trust and to further align and develop the criteria for the assessment , designation , and notification of technical services , as well as extension and renewal procedures , member states should cooperate with each other and with the commission . they should consult each other and the commission on questions with general relevance for the implementation of this regulation and inform each other and the commission on their model assessment checklist . ### in order to increase transparency and mutual trust and to align and develop homogenous criteria in the eu for the assessment , designation , and notification of technical services , as well as extension and renewal procedures , member states should cooperate with each other and with the commission . they should consult each other and the commission on questions with general relevance for the implementation of this regulation .


### the member states shall provide information to the commission and the other member states on how it has addressed the recommendations in the peer - review report . ### the member states shall provide information to the commission and the other member states on how it has addressed the recommendations in the audit report .


### for the purpose of enabling the commission to carry out the testing referred to in paragraphs 1 and 2 , member states shall make available to the commission all data related to the type - approval of the vehicle , systems , components and separate technical units subject to compliance verification testing . those data shall include at least the information included in the type - approval certificate and its attachments referred to article 26 . ### for the purpose of enabling the agency to carry out the testing referred to in paragraphs 1 , 1a and 2 , member states shall make available to the agency all data related to the type - approval of the vehicle , systems , components and separate technical units subject to compliance verification testing . those data shall include at least the information included in the type - approval certificate and its attachments referred to article 26 .


### the outcome of the peer - review shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 on the basis of an assessment of this outcome carried out by the commission and issue recommendations . ### if the audit demonstrates that the authority concerned has breached any of the requirements of this regulation , or has issued type - approvals to the vehicles , systems , components and separate technical units that are not in conformity with the union safety or environmental requirements , it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the audit . other member states shall not recognise the type approvals issued to vehicles , systems , components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this regulation and the audit recommendations is put in place . the results of the audits shall be communicated to all member states , to the forum and third parties upon request , and a summary thereof shall be made publicly available . the forum shall discuss the results of the audits and follow - up on full implementation of the recommendations .


### the member states shall periodically review and assess the functioning of their type - approval activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approval granted and the identity of the corresponding manufacturers . ### the member states shall periodically review and assess the functioning of their type - approval activities and the quality and accuracy of the type - approvals issued . such reviews and assessments shall be carried out at least every two years and the results thereof shall be communicated to the other member states , the commission , the forum and third parties upon request . the member state concerned shall make a summary of the results accessible to the public , in particular the number of type - approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types .


### when , in spite of the measures taken to ensure a coherent application and follow up of the requirements by the member states , the competence of a technical service is in doubt , the commission should have the possibility to investigate individual cases . ### when , in spite of the measures taken to ensure a homogenous and coherent application and follow up of the requirements by the member states , the competence of a technical service is in doubt , the commission should have the possibility to investigate individual cases and propose solutions .


### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other member states and the commission . the member state concerned shall make a summary of the results accessible to the public . ### the member states shall periodically review and assess the functioning of their surveillance activities . such reviews and assessments shall be carried out at least every two years and the results thereof shall be communicated to the other member states , the commission , the forum and third parties upon request . the member state concerned shall make a summary of the results accessible to the public , in particular the number of those vehicles , systems , components or separate technical units that are not in conformity together with the identity of the corresponding manufacturers .


### market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities . ### market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities . this shall include access to software , algorithms , engine control units and any other technical specifications necessary .


### the commission shall publish a report of its findings following any compliance verification testing it has carried out . ### the agency shall publish annual reports on its findings following any compliance verification testing it has carried out . the reports shall be accessible to the public , including the information on the results of the tests carried out and on the vehicles , systems , components or separate technical units that are not in conformity with the identity of the corresponding manufacturers .


### member states shall ensure that in particular consumer organisations and independent public bodies are eligible for the status of qualified entity . member states may designate as qualified entities consumer organisations that represent members from more than one member state . ### member states shall ensure that established or ad - hoc organisations defending a public interest , in particular consumer organisations and , where applicable , independent public bodies are eligible for the status of qualified entity . member states may designate as qualified entities organisations that represent members from more than one member state .


### this directive should cover a variety of areas such as data protection , financial services , travel and tourism , energy , telecommunications and environment . it should cover infringements of provisions of union law which protect the interests of consumers , regardless of whether they are referred to as consumers or as travellers , users , customers , retail investors , retail clients or other in the relevant union law . to ensure adequate response to infringement to union law , the form and scale of which is quickly evolving , it should be considered , each time where a new union act relevant for the protection of the collective interests of consumers is adopted , whether to amend the annex to the present directive in order to place it under its scope . ### this directive should cover a variety of areas such as data protection , financial services , travel and tourism , energy , telecommunications , health and environment . it should cover infringements of provisions of union law which protect public interest and the interests of individuals , regardless of whether they are referred to as consumers or as workers , travellers , users , customers , retail investors , retail clients or other in the relevant union law . to ensure adequate response to infringement to union law , the form and scale of which is quickly evolving , it should be considered , each time where a new union act relevant for the protection of the collective interests is adopted , whether to amend the annex to the present directive in order to place it under its scope .


### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued . ### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order for a material or non - material damage , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate .


### individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1 , 2 and 3 . the redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the consumers concerned may have under union or national law . ### individuals concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1 , 2 and 3 . the redress obtained through an approved settlement in accordance with paragraph 4 shall be without prejudice to any additional rights to redress that the individuals concerned may have under union or national law .


### ensuring that consumers are informed about a representative action is crucial for its success . consumers should be informed of ongoing representative action , the fact that a trader ' s practice has been considered as a breach of law , their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned , particularly for obtaining redress . the reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights . ### ensuring that individuals and the general public are informed about a representative action is crucial for its success . individuals and the general public should be informed of ongoing representative action , the fact that a trader ' s practice has been considered as a breach of law , their rights following the establishment of an infringement and any subsequent steps to be taken by individuals concerned , particularly for obtaining redress . the reputational risks associated with spreading information about the infringement are also important for deterring infringing traders .


### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . ### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected individuals , in particular consumers and workers , as well as the general public at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all individuals concerned individually .


### member states shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement . these measures shall be sought on the basis of any final decision establishing that a practice constitutes an infringement of union law listed in annex i harming collective interests of consumers , including a final injunction order referred to in paragraph . ### member states shall ensure that qualified entities are entitled to bring representative actions seeking measures eliminating the continuing effects of the infringement . these measures shall be sought on the basis of any claim that a practice constitutes an infringement of union law as referred to in article 2 of this directive .


### the redress obtained through a final decision in accordance with paragraphs 1 , 2 and 3 shall be without prejudice to any additional rights to redress that the consumers concerned may have under union or national law . ### the redress obtained through a final decision in accordance with paragraphs 1 , 2 and 3 shall be without prejudice to any additional rights to redress that the individuals concerned may have under union or national law .


### ‘ collective interests of consumers’ means the interests of a number of consumers ; ### ‘ collective interests’ means the interests of a number of natural persons ;


### qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement . these measures should take the form of a redress order obligating the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate and as available under national laws . ### qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement . these measures should take the form of a redress order for a material or non - material damage obligating the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate and as available under national laws .


### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail . ### the qualified entity seeking a redress order as referred in article 6 shall declare at an early stage of the action the source of the funds used for its activity in general and the funds that it uses to support the action . it shall demonstrate that it has sufficient resources to represent the best interests of the individuals concerned .


### independent public bodies and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of union law and are all well placed to act as qualified entities . since these entities have access to different sources of information regarding traders ' practices towards consumers and hold different priorities for their activities , member states should be free to decide on the types of measures that may be sought by each of these qualified entities in representative actions . ### independent public bodies where they exist , organisations defending a public interest and consumer organisations in particular should play an active role in ensuring compliance with relevant provisions of union law and are all well placed to act as qualified entities . since these entities have access to different sources of information regarding traders ' practices towards individuals and hold different priorities for their activities , member states should be free to decide on the types of measures that may be sought by each of these qualified entities in representative actions .


### consumer rights and consumer protection as regulated by : ### consumer rights and consumer protection as regulated in particular by :


### general safety requirements of products placed in the union market as defined and regulated by : ### general safety requirements of products placed in the union market as defined and regulated in particular by :


### rules on nuclear safety as regulated by : ### rules on nuclear safety as regulated in particular by :


### manufacture , presentation and sale of tobacco and related products regulated by directive 2014 / 40 / eu of the european parliament and of the council of 3 april 2014 on the approximation of the laws , regulations and administrative provisions of the member states concerning the manufacture , presentation and sale of tobacco and related products and repealing directive 2001 / 37 / ec . ### manufacture , presentation and sale of tobacco and related products regulated by directive 2014 / 40 / eu of the european parliament and of the council of 3 april 2014 on the approximation of the laws , regulations and administrative provisions of the member states concerning the manufacture , presentation and sale of tobacco and related products and repealing directive 2001 / 37 / ec , and the advertising and sponsorship of tobacco products as regulated by directive 2003 / 33 / ec of the european parliament and of the council of 26 may 2003 on the approximation of the laws , regulations and administrative provisions of the member states relating to the advertising and sponsorship of tobacco products .


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . the purpose of this directive is to create a climate of trust that enables whistleblowers to report observed or suspected breaches of law , as well as threats to the public interest .


### measures setting high standards of quality and safety for medicinal products and devices of medical use as regulated by : ### measures setting high standards of quality and safety for medicinal products and devices of medical use as regulated in particular by :


### measures setting high standards of quality and safety of organs and substances of human origin , as regulated by : ### measures setting high standards of quality and safety of organs and substances of human origin , as regulated in particular by :


### review procedures regulated by : ### review procedures regulated in particular by :


### elements pointing to possible criminal conduct falling within the competence of the eppo may , in practice , be present in initial allegations received by the office or may emerge only in the course of an administrative investigation opened by the office on the grounds of suspicion of administrative irregularity . in order to comply with its duty to report to the eppo , the office should therefore , as the case may be , report criminal conduct at any stage before or during an investigation . ### elements pointing to possible criminal conduct falling within the competence of the eppo may , in practice , be present in initial allegations received by the office or may emerge only in the course of an administrative investigation opened by the office on the grounds of suspicion of administrative irregularity . in order to comply with its duty to report to the eppo , the office should therefore , as the case may be , immediately notify any criminal conduct and send a report without undue delay . both the notification and the report should be sent at any stage before or during an investigation .


### elements pointing to possible criminal conduct falling within the competence of the eppo may , in practice , be present in initial allegations received by the office or may emerge only in the course of an administrative investigation opened by the office on the grounds of suspicion of administrative irregularity . in order to comply with its duty to report to the eppo , the office should therefore , as the case may be , report criminal conduct at any stage before or during an investigation . ### elements pointing to possible criminal conduct falling within the competence of the eppo may , in practice , be present in initial allegations received by the office or may emerge only in the course of an administrative investigation opened by the office on the grounds of suspicion of administrative irregularity . in order to comply with its duty to report to the eppo , the office should therefore , as the case may be , immediately notify any criminal conduct . this notification may be followed by a report , where the eppo considers necessary . both the notification and the report should be sent at any stage before or during an investigation .


### in view of their common goal to preserve the integrity of the union budget , the office and the eppo should establish and maintain a close relationship based on sincere cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action , in particular as regards the scope of the enhanced cooperation for the establishment on the eppo . ultimately , the relationship should contribute to ensuring that all means are used to protect the financial interests of the union and avoiding unnecessary duplication of efforts . ### in view of their common goal to preserve the integrity of the union budget , the office and the eppo should establish and maintain a close relationship based on sincere cooperation and aimed at ensuring the complementarity of their respective mandates and coordination of their action , in particular as regards the scope of the enhanced cooperation for the establishment on the eppo . ultimately , the relationship should contribute to ensuring that all means are used to protect the financial interests of the union and avoiding unnecessary duplication of efforts . to foster good cooperation , the eppo and the office are encouraged to meet on a regular basis , in particular to get an overview of ongoing investigations , so as to identify trends and possible links between cases .


### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 . ### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction is targeted at persons suspected of having committed a criminal offence and constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should not be obliged by union or member states competent authorities to weaken any measures that ensure the integrity and confidentiality of electronic communications .


### it is necessary to maintain or restore the security of electronic communications networks and services , or detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose . ### it is technically strictly necessary to maintain or restore the availability , integrity and confidentiality of the respective electronic communications networks or services , or to detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose ; or


### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation . ### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as wireless internet access points situated at different places within a city , department stores , shopping malls , hospitals , airports , hotels and restaurants . those access points might require a login or provide a password and might be provided also by public administrations , including union bodies and agencies . to the extent that those communications networks are provided to users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . this regulation should also apply to closed social media profiles and groups that the users have defined as private . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , to which access is limited to members of the organisation .


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to points and of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a party , which could be the provider of the electronic communication service , specifically entrusted by the end - user to record , store or otherwise process such data . the end - user may further process the content in accordance with regulation 2016 / 679 , if applicable .


### providers of electronic communications networks and services may process electronic communications data if : ### providers of electronic communications networks and services may process electronic communications data only if :


### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , users are overloaded with requests to provide consent . this regulation should prevent the use of so - called ' cookie walls ' and ' cookie banners ' that do not help users to maintain control over their personal information and privacy or become informed about their rights . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent and to object by technical specifications using automated means , such as the appropriate settings of a hardware of software permitting the retrieval and presentation of information on the internet . those settings should include choices concerning the use of processing and storage capabilities of the user ' s terminal equipment as well as a signal sent by the hardware or software indicating the user ' s preferences to other parties . the choices made by users when establishing its general privacy settings of a hardware of software should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . more particularly web browsers , applications or mobile operating systems may be used as a user ' s personal privacy assistant communicating the user ' s choices , thus helping end - users to prevent information related to or processed by their terminal equipment from being accessed , processed or stored . they should therefore not abuse their position as gate - keepers and still allow for possibilities for the user to individually give consent with regard to a certain specific service or service provider .


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of input , output , processing and storage capabilities of terminal equipment and the processing of information from users ' terminal equipment , or making information available through the terminal equipment , including information about and processed by its software and hardware , other than by the user concerned shall be prohibited , except on the following grounds :


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


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


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


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


### present the identity of a line on which they can be contacted ; or ### present the identity of a line on which they can be contacted ; and


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . examples of such usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals , provided that the data are immediately anonymised or anonymisation techniques are used where the user is mixed with others . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure .


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


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


### it is necessary to achieve the transmission of the communication , for the duration necessary for that purpose ; or ### it is technically strictly necessary to achieve the transmission of the communication , for the duration necessary for that purpose ; or


### the providers of publicly available directories shall obtain the consent of end - users who are natural persons to include their personal data in the directory and , consequently , shall obtain consent from these end - users for inclusion of data per category of personal data , to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory . providers shall give end - users who are natural persons the means to verify , correct and delete such data . ### the providers of publicly available directories or the electronic communication service providers shall obtain the consent of end - users who are natural persons to include their personal data in the directory and , consequently , shall obtain consent from these end - users for inclusion of data per category of personal data , to the extent that such data are necessary for the purpose of the directory . providers shall give end - users who are natural persons the means to verify , correct and delete such data .


### the supervisory authority or authorities referred to in paragraph 1 shall cooperate whenever appropriate with national regulatory authorities established pursuant to the [ directive establishing the european electronic communications code ] . ### the supervisory authority or authorities referred to in paragraph 1 shall cooperate whenever appropriate with national regulatory authorities established pursuant to the [ directive establishing the european electronic communications code ] , and vice versa .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### after receiving all relevant information about the intended processing in clear and easily understandable language , provided separately from the terms and conditions of the provider , the user or users concerned have given their specific consent to the processing of their communications metadata for one or more specified purposes , including for the provision of specific services to such users , provided that the purpose or purposes concerned could not be fulfilled without the processing of such metadata . if the processing is likely to result in a high risk to the rights and freedoms of natural persons , articles 35 and 36 of regulation 2016 / 679 shall apply


### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences and political views , the disclosure of which could result in personal and social harm , economic loss or embarrassment . similarly , metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc . ### electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences and political views , the disclosure of which could result in personal and social harm , economic loss or embarrassment . these data includes text , voice , videos , images , sounds , the ip and mac addresses of end - users , the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc .


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


### the end - user has given his or her consent ; or ### the user has given his or her consent for a specific purpose , and the consent has not been a condition to access or use a service , for the duration necessary for that purpose ; or


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the processing of information from users ' terminal equipment , or making information available through the terminal equipment , including information about or generated by its software and hardware , other than by the user concerned shall be prohibited , except on the following grounds :


### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in end - users’ terminal equipment . ### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to hardware and software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to , processed by or stored in end - users’ terminal equipment .