### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic and environmental development , culture , cultural heritage and security in urban areas ; recalling that all the projects related to cultural heritage preservation , restoration , reuse and communication should take into consideration the recommendations on quality interventions on cultural heritage sites issued during the european year of cultural heritage 2018 ;


### artistic freedom is at the core of vibrant cultural and creative industries , including the news media sector . the programme should promote cross - overs and collaboration between the audiovisual sector and the publishing sector to promote a pluralistic media environment . ### artistic freedom is at the core of vibrant cultural and creative industries , including the news media sector . the programme should promote cross - overs and collaboration between the audiovisual sector and the publishing sector to promote , support and help maintain a more pluralistic media environment .


### in line with articles 8 and 10 of the treaty on the functioning of the european union , the programme in all its activities should support gender mainstreaming and the mainstreaming of non - discrimination objectives and , where applicable , should define appropriate gender balance criteria . ### in line with articles 8 and 10 of the treaty on the functioning of the european union , the programme in all its activities should support gender mainstreaming and the mainstreaming of non - discrimination objectives and , where applicable , should define appropriate gender balance criteria . participation in and projects of the programme should seek to reach and to reflect the diversity of european society and the activities of the programme should be monitored and reported upon , in order to ascertain the performance of the programme in this respect and enable policy makers to make better informed decisions over future programmes .


### the financial envelope for the implementation of the programme for the period 2021 – 2027 shall be eur 1 850 000 000 in current prices . ### the financial envelope for the implementation of the programme for the period 2021 – 2027 shall be eur 2 806 000 000 in 2018 prices .


### –up to eur 609 000 000 for the objective referred to in article 3 ; ### –up to 32 . 92% of the amount referred to in paragraph 1 , subparagraph 1 for the objective referred to in article 3 ;


### –up to eur 1 081 000 000 for the objective referred to in article 3 ; ### –up to 58 . 43% of the amount referred to in paragraph 1 , subparagraph 1 for the objective referred to in article 3 ;


### –up to eur 160 000 000 for the activities referred to in article 3 . ### –up to 8 . 65% of the amount referred to in paragraph 1 , subparagraph 1 for the activities referred to in article 3 .


### part i of this directive takes over the provisions of directive 2009 / 102 / ec as regards all single - member limited liability companies . it requires that in case all shares come to be held by a single shareholder , its identity should be disclosed to the public by the entry in the register . this directive also provides that decisions taken by the single shareholder exercising the power of the general meeting as well as the contracts between the shareholder and the company should be recorded in writing , unless they relate to contracts concluded under market conditions in the ordinary course of business . ### part i of this directive takes over the provisions of directive 2009 / 102 / ec as regards all single - member limited liability companies . it requires that in case all shares come to be held by a single shareholder , its identity should be disclosed to the public by the entry in the register . this directive also provides that decisions taken by the single shareholder exercising the power of the general meeting as well as the contracts between the shareholder and the company should be recorded in the minutes or drawn up in writing , unless they relate to contracts or operations concluded under market conditions in the ordinary course of business .


### in line with the europe 2020 strategy , the review of the small business act for europe18 advocated further progress in making smart regulation a reality , enhancing market access and promoting entrepreneurship , job creation and inclusive growth . __________________ 18 com 78 final , 23 . 2 . 2011 . ### in line with the europe 2020 strategy , the review of the small business act for europe18 advocated further progress in making smart regulation a reality , enhancing market access and promoting entrepreneurship , job creation and inclusive growth . such smart regulation should not be looked at in isolation , but should form part of a comprehensive regular quality impact assessment taking into account the interests of all stakeholders involved , and in particular of consumers , creditors and employees . __________________ 18 com 78 final , 23 . 2 . 2011 .


### in order to facilitate the cross - border activities of smes and the establishment of single - member companies as subsidiaries in other member states , the costs and administrative burdens involved in setting - up these companies should be reduced . ### in order to foster more entrepreneurship in europe and to facilitate the cross - border activities of micro and small undertakings , in particular the establishment of single - member private limited liability companies by those undertakings in other member states , the costs and administrative burdens involved in setting - up these companies should be reduced . to this end , this directive should provide harmonised rules lowering entry barriers for micro and small undertakings when setting up companies abroad .


### the availability of a harmonised legal framework governing the formation of single - member companies , including the establishment of a uniform template for the articles of association should contribute to the progressive abolition of restrictions on freedom of establishment as regards the conditions for setting up subsidiaries in the territories of member states and lead to a reduction in costs . ### the availability of a minimum harmonised legal framework governing the online formation of single - member private limited liability companies , including the establishment of a uniform online template for the articles of association should contribute to the progressive abolition of restrictions on freedom of establishment as regards the conditions for setting up subsidiaries in the territories of member states and lead to a reduction in costs .


### the coordination measures provided for in this directive shall apply to the laws , regulations and administrative provisions of the member states relating to : ### the coordination measures provided for in this directive shall apply to the laws , regulations and administrative provisions of the member states relating to single - member private limited liability companies :


### ' single - member company ' means a company whose shares are held by a single person ; ### ' single - member private limited liability company ' means a company whose shares are held by a single person with limited liability and whose shares may not be offered to the general public ;


### decisions taken by the single - member exercising powers referred to in paragraph 1 shall be recorded in writing . ### decisions taken by the single - member exercising powers referred to in paragraph 1 shall be recorded in the minutes or drawn up in writing .


### contracts between the single - member and the company shall be recorded in writing . ### contracts between the single - member and the company as represented by him shall be recorded in minutes or drawn up in writing .


### member states shall provide that the single - member shall not be liable for any amount exceeding the subscribed share capital . ### member states shall provide that the single - member shall not be liable for any amount exceeding the subscribed share capital . where the subscribed share capital is less than eur 10 000 , the sup shall , through board accountability , be liable up to this amount ;


### member states shall require that the articles of association of the sup shall cover at least the subject matters provided for in paragraph 2 . ### for the purpose of on - line registration of the single - member private limited liability company , member states shall provide , by electronic means , a uniform template of articles of association which shall cover at least the subject matters provided for in paragraph 2 . this shall be without prejudice to any national laws governing matters related to the articles of association for single - member private limited liability companies that are not subject to online registration within the scope of this directive .


### registration ### online registration


### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should amount , in current prices , to eur 6 140 000 000 . emff resources should be split between shared , direct and indirect management . eur 5 311 000 000 should be allocated to support under shared management and eur 829 000 000 to support under direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . _________________ 6 oj c [ … ] , [ … ] , p . [ … ] . ### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should be maintained at the same levels as for the period 2014 - 2020 . it should amount , in current prices , to eur 6 400 000 000 . emff resources should be split between shared , direct and indirect management . eur 5 760 000 000 should be allocated to support under shared management and eur 640 000 000 to support under direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . _________________ 6 oj c [ … ] , [ … ] , p . [ … ] .


### enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ; ### enabling the growth of a sustainable blue economy and fostering prosperous coastal communities and fisheries area ;


### the commission shall develop an analysis for each sea basin indicating the common strengths and weaknesses of the sea basin with regard to the achievement of the objectives of the cfp , as referred to in article 2 of regulation no 1380 / 2013 . where applicable , this analysis shall take into account the existing sea basin and macro - regional strategies . ### the commission , after obtaining the opinions of the relevant advisory councils , shall develop an analysis for each sea basin indicating the common strengths and weaknesses of the sea basin with regard to the achievement of the objectives of the cfp , as referred to in article 2 of regulation no 1380 / 2013 . where applicable , this analysis shall take into account the existing sea basin and macro - regional strategies .


### support under this chapter shall contribute to the achievement of the environmental , economic , social and employment objectives of the cfp , as set out in article 2 of regulation no 1380 / 2013 . ### support under this chapter shall contribute to the achievement of the environmental , economic , social and employment objectives of the cfp , as set out in article 2 of regulation no 1380 / 2013 , and encourage social dialogue between stakeholders .


### reinforcement of the value chain of the sector and promotion of marketing strategies ; ### creation and reinforcement of the value chain of the sector and promotion of marketing strategies ;


### improvement of health , safety and working conditions on board fishing vessels ; ### improvement of health , safety and working conditions on board fishing vessels , thereby making it possible to attract more young people and significantly reduce the causes of marine incidents ;


### the commercial activities of the vessel concerned are stopped during at least 90 consecutive days ; and ### the commercial activities of the vessel concerned are stopped during at least 90 consecutive days ;


### support under this article shall only be granted through the financial instruments provided for in article 52 of regulation no [ regulation laying down common provisions ] and through investeu , in accordance article 10 of that regulation . ### support under this article may be granted through grants and through the financial instruments provided for in article 52 of regulation no [ regulation laying down common provisions ] and through investeu , in accordance article 10 of that regulation .


### good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe , efficient and socially accountable road transport sector . to facilitate that process it is essential that the union social rules in road transport are clear , fit for purpose , easy to apply and to enforce and implemented in an effective and consistent manner throughout the union . ### good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe , efficient , socially accountable and non - discriminatory road transport sector . to facilitate that process it is essential that the union social rules in road transport are clear , fit for purpose , easy to apply and to enforce and implemented in an effective and consistent manner throughout the union .


### good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe , efficient and socially accountable road transport sector . to facilitate that process it is essential that the union social rules in road transport are clear , fit for purpose , easy to apply and to enforce and implemented in an effective and consistent manner throughout the union . ### good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe , efficient and socially accountable road transport sector . to facilitate that process it is essential that the union social rules in road transport are clear , proportionate , fit for purpose , easy to apply and to enforce and implemented in an effective and consistent manner throughout the union .


### the ex - post evaluation of regulation no 561 / 2006 confirmed that inconsistent and ineffective enforcement of the union social rules was mainly due to unclear rules , inefficient use of the control tools and insufficient administrative cooperation between the member states . ### the ex - post evaluation of regulation no 561 / 2006 confirmed that inconsistent and ineffective enforcement of the union social rules was mainly due to unclear rules , inefficient use of the control tools and insufficient administrative cooperation between the member states , increasing the fragmentation of the european internal market .


### the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle . they shall be taken in a suitable accommodation , with adequate sleeping and sanitary facilities ; ### the regular weekly rest periods , the reduced weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle . they shall be taken in a suitable accommodation , with adequate private sleeping and sanitary facilities ;


### article 10 a transport undertaking shall not give drivers it employs or who are put at its disposal any payment , even in the form of a bonus or wage supplement , related to distances travelled and / or the amount of goods carried if that payment is of such a kind as to endanger road safety and / or encourages infringement of this regulation . ### article 10 , paragraph 1 is amended as follows : ' article 10 a transport undertaking shall not give drivers it employs or who are put at its disposal any payment , even in the form of a bonus or wage supplement , that endangers road safety and / or encourages infringement of this regulation , including but not limited to time such as fast delivery , distances travelled and / or the amount of goods carried ; '


### vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge , ford or tunnel open for use by motor vehicles ; ### article 13 shall be replaced by the following : ' vehicles operating exclusively on islands or regions isolated from the rest of the national territory not exceeding 2 300 square kilometres in area which are not connected to the rest of the national territory by a bridge , ford or tunnel open for use by motor vehicles , and which do not border another member state ; '


### 15 years after newly registered vehicles are required to have a tachograph as provided for in this article and in articles 8 and 10 , member states shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this article , taking into account their specific enforcement requirements and strategies . until that time , member states may decide whether to equip their control authorities with such remote early detection equipment . ### article 9 paragraph 2 is amended as follows : ' 2 . by 1st january [ insert year of entry into force of this directive ] after newly registered vehicles are required to have a tachographs provided in articles 8 , 9 and 10 , member states must identify the most suitable control authorities to perform the control task and equip them to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this article , taking into account their specific enforcement requirements and strategies . until that time , member states may decide whether to equip their control authorities with such remote early detection equipment . '


### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , supporting trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . _________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 . ### the application of this regulation should be based on the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including promoting democracy and human rights , preserving peace , conflict prevention , mediation and post - conflict reconstruction that includes promoting the role of [ mg1 ] women at all stages , strengthening international security , addressing root causes of irregular migration and forced displacement and assisting populations , countries and regions confronting natural or man - made disasters , bringing about the conditions to create an international legal framework for the protection of persons displaced due to climate change , supporting a rule and value - based trade policy as a tool for development and to bring improvements to the rule of law and human rights , including the promotion of an international ban on trade in goods used for torture and capital punishment , economic diplomacy and economic cooperation , promoting digital solutions and technologies , addressing global public health threats and fostering the international dimension of the union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social , labour and environmental standards including with regard to climate change , for the rule of law , and for international law , including with respect to humanitarian and international human rights law . _________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 .


### the new european consensus on development 60 , signed on 7 june 2017 , provides the framework for a common approach to development cooperation by the union and its member states to implement the 2030 agenda and the addis ababa action agenda . eradicating poverty , tackling discrimination and inequalities , leaving no one behind and strengthening resilience are at the heart of development cooperation policy . _________________ 60 ' the new european consensus on development ' our world , our dignity , our future ' ' , joint statement by the council and the representatives of the governments of the member states meeting within the council , the european parliament and the european commission , 8 june 2017 . ### the new european consensus on development 60 , signed on 7 june 2017 , provides the framework for a common approach to development cooperation by the union and its member states to implement the 2030 agenda and the addis ababa action agenda which seeks to bring about sustainable development and accelerate transformation by placing an emphasis on cross - cutting elements of development policy such as gender equality , youth , investment and trade , sustainable energy and climate action , good governance , democracy , the rule of law and human rights , and migration and mobility , in order to contribute with the entirety of the union’s external policies , including the common commercial policy , and to the goals defined in the united nations 2030 agenda for sustainable development . eradicating poverty , tackling discrimination and inequalities , leaving no one behind and strengthening resilience are at the heart of development cooperation policy . _________________ 60 ' the new european consensus on development ' our world , our dignity , our future ' ' , joint statement by the council and the representatives of the governments of the member states meeting within the council , the european parliament and the european commission , 8 june 2017 .


### the partners ' needs , established on the basis of specific criteria , taking into account the population , poverty , inequality , human development , economic and environmental vulnerability , and state and societal resilience ; ### the partners ' needs , established on the basis&#160 ; of specific criteria , and included in a registry which can be consulted , upon demand , by the european parliament taking into account the population , poverty , inequality , human development , the state of human rights and fundamental freedoms , economic and environmental vulnerability , and state and societal resilience ;


### cooperation with industrialised countries shall focus on the promotion of union and mutual interests . ### cooperation with industrialised countries shall focus on the promotion of union and mutual interests , as well as shared interests and values , and common goals and the defence of multilateralism . such cooperation shall be , where relevant , based on a dialogue between the union , including the european parliament , and the member states , involving civil society .


### —promoting effective multilateralism and strategic partnership , contributing to reinforcing capacities of international , regional and national frameworks in promoting and protecting human rights , democracy and the rule of law . strategic partnerships shall be boosted , with a particular attention to the office of the high commissioner for human rights , the international criminal court and relevant regional and national human rights mechanisms . furthermore , the programme shall promote education and research on human rights and democracy , including through the global campus for human rights and democracy . ### —promoting effective multilateralism and strategic partnerships contributing to reinforcing capacities of international , regional and national frameworks and empowering local actor sin promoting and protecting human rights , democracy and the rule of law . partnerships for human rights shall focus on strengthening the national and international human rights architecture , including support to multilateralism , as the independence and effectiveness of the office of the high commissioner for human rights and relevant regional human rights mechanisms are essential . support to education and research on human rights and democracy shall continue , including through support to the global campus for human rights and democracy


### improving business environment and investment climate , supporting enhanced public - private dialogue , and building capacities of micro , small and medium enterprises , ### improving business environment and investment climate , supporting enhanced public - private dialogue , and building capacities of micro , small and medium enterprises , including their internationalisation ;


### the esf + should aim to promote employment through active interventions enabling integration into the labour market , notably for youth , the long - term unemployed and the inactive , as well as through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility . the esf + should promote women ' s participation in the labour market through measures aiming to ensure , amongst others , improved work / life balance and access to childcare . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce . ### the esf + should aim to promote quality employment through active interventions enabling integration into the labour market , notably for youth , persons with disabilities and people with chronic diseases , the long - term unemployed , the economically inactive , people from marginalised communities as well as those facing multiple forms of discrimination , through promoting self–employment and the social economy . the esf + should aim to improve the functioning of labour markets by supporting the modernisation and flexibility towards various target groups of labour market institutions such as the public employment services in order to improve their capacity to provide intensified targeted and individual counselling and guidance during the job search and the transition to employment and to facilitate workers’ mobility . the esf + should promote participation of women in sustainable and high - quality employment through measures aiming to ensure , amongst others , the respect of the principle of equal pay for equal work . the esf + should aim to improve work / life balance and access to affordable childcare and life - cycle care services for working parents and carers in order to facilitate their participation in quality employment and as such fight poverty among workers with caring responsibilities . the esf + should also aim to provide a healthy and well - adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce . the esf + should also support measures aimed to facilitate the transition of young people between education and employment , with special attention to youth from disadvantaged and marginalised backgrounds .


### the esf + should provide support to improving the quality , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development , employment , social inclusion and active citizenship . the esf + should help progression within education and training and transition to work , support lifelong learning and employability , and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields . this could be achieved for example through work - based learning and apprenticeships , lifelong guidance , skills anticipation in cooperation with industry , up - to - date training materials , forecasting and graduate tracking , training of educators , validation of learning outcomes and recognition of qualifications . ### the esf + should provide support to improving the quality , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development , employment , social inclusion and active citizenship . esf + shall exploit and better target the aims of the digital agenda and the digital single market strategy with a view to addressing the serious gender gap within the ict and stem sectors by promoting training and qualification of women and girls into ict and science , technology , engineering and mathematics sectors . the esf + should help progression within education and training and transition to work , support lifelong learning and employability , and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields . this could be achieved for example through work - based learning and apprenticeships , lifelong guidance , skills anticipation in cooperation with industry , up - to - date training materials , forecasting and graduate tracking , training of educators , validation of learning outcomes and recognition of qualifications .


### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility . ### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , sex and geographic location , including children , women in rural areas , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility .


### the member states and the commission should ensure that esf + contributes to the promotion of equality between women and men in accordance with article 8 tfeu to foster equality of treatment and opportunities between women and men in all areas , including regarding participation in the labour market , terms and conditions of employment and career progression . they should also ensure that the esf + promotes equal opportunities for all , without discrimination in accordance with article 10 tfeu and promotes the inclusion in society of persons with disabilities on equal basis with others and contributes to the implementation of the united nations convention on the rights of persons with disabilities . these principles should be taken into account in all dimensions and in all stages of the preparation , monitoring , implementation and evaluation of programmes , in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and equal opportunities . the esf + should also promote the transition from residential / institutional care to family and community - based care , in particular for those who face multiple discrimination . the esf + should not support any action that contributes to segregation or to social exclusion . regulation no [ future cpr ] provides that rules on eligibility of expenditure are to be established at national level , with certain exceptions for which it is necessary to lay down specific provisions with regard to the esf + strand under shared management . ### in line with the charter of fundamental rights of the european union , the member states and the commission should ensure that esf + contributes to the promotion of equality between women and men in accordance with article 8 tfeu to foster equality of treatment and opportunities between women and men in all areas , including regarding education and participation in the labour market , terms and conditions of employment and career progression . the member states and the commission should also ensure that the esf + promotes equal opportunities for all , without discrimination based on sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation in accordance with article 10 tfeu and promotes the inclusion in society of persons with disabilities on equal basis with others and contributes to the implementation of the united nations convention on the rights of persons with disabilities , with regard inter alia to education , employment , social protection and accessibility . these principles should be taken into account in all dimensions and in all stages of the preparation , monitoring , implementation and evaluation of programmes , in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and equal opportunities . the esf + should also promote the transition from institutional care to family and community - based care , in particular for those who face multiple and intersectional discrimination . the esf + should not support any action that contributes to segregation or to social exclusion . regulation no [ future cpr ] provides that rules on eligibility of expenditure are to be established at national level , with certain exceptions for which it is necessary to lay down specific provisions with regard to the social cohesion and social rights strand .


### improving access to employment of all jobseekers , in particular youth and long - term unemployed , and of inactive people , promoting self - employment and the social economy ; ### improving access to quality employment of all jobseekers , in particular youth , women , single parents , long - term unemployed and of economically inactive people , persons with disabilities or chronic diseases , people from marginalised communities and those suffering from multiple forms of discrimination , promoting entrepreneurship and the social economy ;


### promoting social integration of people at risk of poverty or social exclusion , including the most deprived and children ; ### promoting social integration of people at risk of poverty or social exclusion , including the most deprived , persons with disabilities or chronic diseases , people from marginalised communities , children and elderly , especially elderly women ;


### the commission and the member states shall ensure that aid provided in the framework of the esf + support for addressing material deprivation respects the dignity and prevents stigmatisation of the most deprived persons . ### the commission and the member states shall ensure that aid provided in the framework of the esf + support for addressing material deprivation respects the dignity and prevents stigmatisation of the most deprived persons . such aid shall be developed in a gender - responsive manner to best meet the special needs of women , children and disadvantaged people .


### members of the general public should not be able to acquire , introduce , possess or use those explosives precursors at concentrations at or above certain limit values . however , it is appropriate to provide for members of the general public to be able to acquire , introduce , possess or use some explosives precursors above that concentration limit for legitimate purposes , only if they hold a licence to do so . ### members of the general public must not be permitted to acquire , introduce , possess or use those explosives precursors at concentrations at or above certain limit values . however , it is appropriate to provide for members of the general public to be able to acquire , introduce , possess or use some explosives precursors above that concentration limit for legitimate purposes , only if they hold a licence to do so .


### members of the general public should not be able to acquire , introduce , possess or use those explosives precursors at concentrations at or above certain limit values . however , it is appropriate to provide for members of the general public to be able to acquire , introduce , possess or use some explosives precursors above that concentration limit for legitimate purposes , only if they hold a licence to do so . ### members of the general public should not be able to acquire , introduce , possess or use those explosives precursors at concentrations at or above certain limit values . however , members of the general public may be permitted to acquire , introduce , possess or use some explosives precursors above that concentration limit for legitimate purposes , only if they hold a licence to do so .


### licences may only be provided for substances in concentrations not exceeding the upper limit set by this regulation . above that upper limit , the risk in relation to the illicit manufacture of explosives outweighs the negligible legitimate use by the general public of these explosives precursors , for whom alternatives or lower concentrations can achieve the same effect . this regulation should also determine which circumstances the competent authorities , should as a minimum , take into account when considering whether to grant a licence . this should , together with the form annexed to this regulation , facilitate the recognition of licenses in other member states that apply licensing regime . ### licences may only be provided for substances in concentrations not exceeding the upper limit set by this regulation . above that upper limit , the risk in relation to the illicit manufacture of explosives outweighs the negligible legitimate use by the general public of these explosives precursors , for whom alternatives or lower concentrations can achieve the same effect . this regulation must also provide the authorities with an exhaustive set of objective criteria to be taken into account when considering whether to grant a licence . this should , together with the form annexed to this regulation , facilitate the recognition of licenses in other member states that apply licensing regime .


### in order to apply the restrictions and controls of this regulation , those economic operators selling to professional users or members of the general public with a licence should rely on information made available upstream in the supply chain . each economic operator in the supply chain should therefore inform the recipient of that restricted explosives precursor that the making available , introduction , possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in this regulation , for instance by affixing an appropriate label or by verifying that an appropriate label is affixed or by including this information in the safety data sheet compiled in accordance with annex ii to regulation no 1907 / 2006 of european parliament and of the council32 . _________________ 32 regulation no 1907 / 2006 of european parliament and of the council concerning the registration , evaluation , authorisation and restriction of chemicals . ### in order to apply the restrictions and controls of this regulation , those economic operators selling to professional users or members of the general public with a licence should rely on information made available upstream in the supply chain . each economic operator in the supply chain is obliged therefore inform the recipient of that restricted explosives precursor that the making available , introduction , possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in this regulation , for instance by affixing an appropriate label or by verifying that an appropriate label is affixed or by including this information in the safety data sheet compiled in accordance with annex ii to regulation no 1907 / 2006 of european parliament and of the council32 . _________________ 32 regulation no 1907 / 2006 of european parliament and of the council concerning the registration , evaluation , authorisation and restriction of chemicals .


### in order to apply the restrictions and controls of this regulation , those economic operators selling to professional users or members of the general public with a licence should rely on information made available upstream in the supply chain . each economic operator in the supply chain should therefore inform the recipient of that restricted explosives precursor that the making available , introduction , possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in this regulation , for instance by affixing an appropriate label or by verifying that an appropriate label is affixed or by including this information in the safety data sheet compiled in accordance with annex ii to regulation no 1907 / 2006 of european parliament and of the council32 . _________________ 32 regulation no 1907 / 2006 of european parliament and of the council concerning the registration , evaluation , authorisation and restriction of chemicals . ### in order to apply the restrictions and controls of this regulation , those economic operators selling to professional users or members of the general public with a licence should rely on information made available upstream in the supply chain . each economic operator in the supply chain should therefore inform the recipient of that restricted explosives precursor that the making available , introduction , possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in this regulation , for instance by affixing an appropriate label or by verifying that an appropriate label is affixed and by including this information in the safety data sheet compiled in accordance with annex ii to regulation no 1907 / 2006 of european parliament and of the council32 . _________________ 32 regulation no 1907 / 2006 of european parliament and of the council concerning the registration , evaluation , authorisation and restriction of chemicals .


### 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 facilitate 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 must be required to the same extent as economic operators to instruct their personnel involved in the sale of restricted explosives precursors , verify the identity and 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 facilitate 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 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 .


### the choice of substances used by criminals for the illicit manufacture of explosives can change rapidly . it should therefore be possible to bring additional substances under the regime provided by this regulation , where necessary as a matter of urgency . in order to accommodate developments in the misuse of substances as explosives precursors the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to list additional substances that are not to be made available to the general public , to amend the concentration limit values above which certain substances restricted under this regulation are not to be made available to the general public , and to list additional substances in respect of which suspicious transactions are to be reported . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201635 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 35 jo l 123 , 12 . 5 . 2016 , p . 1 . ### the choice of substances used by criminals for the illicit manufacture of explosives can change rapidly . it is therefore essential to make it possible to bring additional substances under the regime provided by this regulation , where necessary as a matter of urgency . in order to accommodate developments in the misuse of substances as explosives precursors the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to list additional substances that are not to be made available to the general public , to amend the concentration limit values above which certain substances restricted under this regulation are not to be made available to the general public , and to list additional substances in respect of which suspicious transactions are to be reported . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201635 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _________________ 35 jo l 123 , 12 . 5 . 2016 , p . 1 .


### ' professional user ' means any natural or legal person who has a demonstrable need for a restricted explosives precursor for purposes connected with their trade , business , craft or profession which exclude making that restricted explosives precursor available to another person . ### ' professional user ' means any natural or legal person who has a demonstrable need for a restricted explosives precursor for purposes connected with their trade , business , craft or profession which exclude making that restricted explosives precursor available to a member of the general public .


### the competent authority may suspend or revoke the licence where there are reasonable grounds for believing that the conditions under which the licence was granted are no longer fulfilled . ### the competent authority may suspend or revoke the licence where there are reasonable grounds for believing that the conditions under which the licence was granted are no longer fulfilled . the competent authority shall inform licence holders of any suspension or revocation of their licenses in due time .


### licences issued by a member state in accordance with article 7 of regulation no 98 / 2013 which are still valid on [ the day of entry into application of this regulation ] shall lose their validity on that date . each member state may decide , upon request of the licence holder , to confirm , renew or prolong such licences issued in that member state if the restricted explosives precursors can be subject to a license in accordance with the limit values set out in column 3 of annex i and if the competent authority considers that the requirements for granting the licence as referred to in paragraph 1 are met . such confirmation , renewal or prolongation should respect the time limit set in paragraph 3 of this article . ### licences issued by a member state in accordance with article 7 of regulation no 98 / 2013 which are still valid on [ the day of entry into application of this regulation ] shall lose their validity on that date . by . . . [ 6 months after the date of entry into force of this regulation ] , the competent authorities shall notify licence holders of the date on which their licences will cease to be valid . each member state may decide , upon request of the licence holder , to confirm , renew or prolong such licences issued in that member state if the restricted explosives precursors can be subject to a license in accordance with the limit values set out in column 3 of annex i and if the competent authority considers that the requirements for granting the licence as referred to in paragraph 1 are met . such confirmation , renewal or prolongation should respect the time limit set in paragraph 3 of this article .


### 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 .


### member states shall provide training for law enforcement , first responders and customs authorities to recognise regulated explosives precursors substances and mixtures during the course of their duties and to react in a timely and appropriate manner to suspicious activity . ### member states shall provide training for law enforcement , first responders and customs authorities to recognise regulated explosives precursors substances and mixtures during the course of their duties and to react in a timely and appropriate manner to suspicious activity . member states may request additional specific trainings from the european union agency for law enforcement training .


### no sooner than [ six years after the date of application of this regulation ] , the commission shall carry out an evaluation of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines . ### the commission shall carry out an evaluation of this regulation by . . . [ 3 years after the entry into force of this regulation ] . it shall present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines .


### substances on their own or in mixtures for which suspicious transactions shall be reported ### substances on their own or in mixtures for which suspicious transactions are to be reported within 12 hours .


### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information . ### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist and disinformation purposes . the functioning of the digital single market should be improved by reinforcing cybersecurity and legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information .


### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise and recruit and to facilitate and direct terrorist activity . ### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise , disinform and recruit and to facilitate and direct terrorist activity .


### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be improved by a clear legislative framework in order to further reduce the publication of and accessibility to terrorist content online and ensure , without cutting back on fundamental rights , that a rapidly evolving problem is addressed . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### rules to prevent the misuse of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this regulation in full respect of the fundamental rights protected in the union ' s legal order and notably those guaranteed in the charter of fundamental rights of the european union . ### rules to prevent the use of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this regulation in full respect of the fundamental rights protected in the union ' s legal order and notably those guaranteed in the charter of fundamental rights of the european union .


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


### the right to an effective remedy is enshrined in article 19 teu and article 47 of the charter of fundamental rights of the european union . each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this regulation , which can adversely affect the rights of that person . the right includes , in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the member state whose authorities issued the removal order . ### the right to an effective remedy is enshrined in article 19 teu and article 47 of the charter of fundamental rights of the european union . each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this regulation , which can adversely affect the rights of that person . the right includes , in particular the right for the hosting service providers and content providers to be informed about all available means of redress and the possibility for hosting service providers and content providers to effectively contest any proactive measures , including the removal orders before the court or a competent judicial authority of the member state , where they are established or have legal representative .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply , to the extent that it is possible to identify and remove specific content that is the subject of this regulation , to information society services which store information provided by a recipient of the service at his or her request and in processing and making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities where the services are established , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task , whilst at the same time guaranteeing legal certainty and predictability to users and service providers . member states should coordinate and cooperate with the host member state , where the service providers are established , when seeking to secure proactive measures for the removal of terrorist content from hosting service providers . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled promptly from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an information and assessment procedure by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### member states should take the necessary measures to ensure the prompt removal of terrorist content on their territory and to endeavour to obtain the removal of such content outside of their territory . these measures must be set by transparent procedures and provide adequate safeguards and the hosting service providers and content providers should be informed of the reason and justification , as to why the content is considered terrorist content . when seeking to remove terrorist content outside of their territory the competent authority should send a request for removal order to the competent authority of the host member state , which after proper assessment and approval of the request , should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . the host member state should , together with the transmition of the removal order , inform the hosting service provider or content service provider of their right to a judicial redress that can be exercised effectively in front of the relevant judicial authority of that member state . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### referrals by the competent authorities or europol constitute an effective and swift means of making hosting service providers aware of specific content on their services . this mechanism of alerting hosting service providers to information that may be considered terrorist content , for the provider’s voluntary consideration of the compatibility its own terms and conditions , should remain available in addition to removal orders . it is important that hosting service providers assess such referrals as a matter of priority and provide swift feedback about action taken . the ultimate decision about whether or not to remove the content because it is not compatible with their terms and conditions remains with the hosting service provider . in implementing this regulation related to referrals , europol’s mandate as laid down in regulation 2016 / 79413remains unaffected . _________________ 13 regulation 2016 / 794 of the european parliament and of the council of 11 may 2016 on the european union agency for law enforcement cooperation and replacing and repealing council decisions 2009 / 371 / jha , 2009 / 934 / jha , 2009 / 935 / jha , 2009 / 936 / jha and 2009 / 968 / jha . ### referrals by the competent authorities or europol constitute an effective and swift means of making hosting service providers aware of specific content on their services . this mechanism of alerting hosting service providers to information that may be considered terrorist content , for the provider’s voluntary consideration of the compatibility its own terms and conditions , should remain available in addition to removal orders . it is important that hosting service providers assess such referrals as a matter of priority and provide swift feedback about action taken . the ultimate decision about whether or not to remove the content because it is not compatible with their terms and conditions remains with the hosting service provider , but only after final consultation with the competent authorities . in implementing this regulation related to referrals , europol’s mandate as laid down in regulation 2016 / 79413 remains unaffected .


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks based on appropriate , sufficient and relevant evidence . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification .


### the obligation on hosting service providers to preserve removed content and related data , should be laid down for specific purposes and limited in time to what is necessary . there is need to extend the preservation requirement to related data to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question . related data can include data such as ‘ subscriber data’ , including in particular data pertaining to the identity of the content provider as well as ‘ access data’ , including for instance data about the date and time of use by the content provider , or the log - in to and log - off from the service , together with the ip address allocated by the internet access service provider to the content provider . ### the obligation on hosting service providers to preserve removed content and related data , should be laid down for specific purposes , limited in time to what is necessary and where this involves personal data , ensure it is duly protected . there is need to extend the preservation requirement to related data to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question . related data can include data such as ‘ subscriber data’ , including in particular data pertaining to the identity of the content provider as well as ‘ access data’ , including for instance data about the date and time of use by the content provider , or the log - in to and log - off from the service , together with the ip address allocated by the internet access service provider to the content provider .


### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content . ### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification , notification to the competent authorities and removal of terrorist content .


### complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information . hosting service providers should therefore establish user - friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider . the requirement for the hosting service provider to reinstate the content where it has been removed in error , does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds . ### complaint procedures constitute a necessary safeguard against erroneous removal of content protected under the freedom of expression and information . hosting service providers should therefore establish user - friendly complaint mechanisms and ensure that complaints are dealt with promptly and in full transparency towards the content provider . content providers should also have the right to complain directly to the competent authority if they are unable to resolve their complaint with a hosting service provider . the requirement for the hosting service provider to reinstate the content where it has been removed in error , does not affect the possibility of hosting service providers to enforce their own terms and conditions on other grounds .


### it is essential that the competent authority within the member state responsible for imposing penalties is fully informed about the issuing of removal orders and referrals and subsequent exchanges between the hosting service provider and the relevant competent authority . for that purpose , member states should ensure appropriate communication channels and mechanisms allowing the sharing of relevant information in a timely manner . ### it is essential that the competent authority within the member state responsible for imposing penalties is fully informed about the issuing of removal orders and referrals and subsequent exchanges between the hosting service provider and the relevant competent authority . for that purpose , member states must ensure appropriate communication channels and mechanisms allowing the sharing of relevant information in a timely manner .


### in the absence of a general requirement for service providers to ensure a physical presence within the territory of the union , there is a need to ensure clarity under which member state ' s jurisdiction the hosting service provider offering services within the union falls . as a general rule , the hosting service provider falls under the jurisdiction of the member state in which it has its main establishment or in which it has designated a legal representative . nevertheless , where another member state issues a removal order , its authorities should be able to enforce their orders by taking coercive measures of a non - punitive nature , such as penalty payments . with regards to a hosting service provider which has no establishment in the union and does not designate a legal representative , any member state should , nevertheless , be able to issue penalties , provided that the principle of ne bis in idem is respected . ### in the absence of a general requirement for service providers to ensure a physical presence within the territory of the union , there is a need to ensure clarity under which member state ' s jurisdiction the hosting service provider offering services within the union falls . as a general rule , the hosting service provider falls under the jurisdiction of the member state in which it has its main establishment or in which it has designated a legal representative .


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


### member states should collect information on the implementation of the legislation . a detailed programme for monitoring the outputs , results and impacts of this regulation should be established in order to inform an evaluation of the legislation . ### member states should collect information on the implementation of the legislation , including on policies , terms and conditions and transparency reports of hosting service providers . a detailed programme for monitoring the outputs , results and impacts of this regulation should be established in order to inform an evaluation of the legislation .


### a set of measures to be put in place by member states to identify terrorist content , to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies . ### a set of measures to be put in place by member states to identify terrorist content , to enable its swift removal by hosting service providers and to facilitate cooperation with the competent authorities in other member states , hosting service providers and where appropriate relevant union bodies in order to coordinate actions combating online terrorist content .


### this regulation shall apply to hosting service providers offering services in the union , irrespective of their place of main establishment . ### this regulation shall apply to hosting service providers offering services in the union , irrespective of their place of main establishment , to the extent that it is possible for such providers to identify and remove specific content alleged to fall within the scope of article 2 .


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services consisting in the storage or processing of information provided by and at the request of the content provider and in making such information available to third parties ;


### ' terrorist offences ' means offences as defined in article 3 of directive 2017 / 541 ; ### ' terrorist offences ' means offences as listed in article 3 of directive 2017 / 541 , where such offences are punishable as criminal offences under national law of a member state or states when committed intentionally ;


### 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 a member state shall have the power to issue a removal order requiring the hosting service provider to remove terrorist content or disable access to it , and shall immediately inform the competent authorities of any other member states whose interests it considers may be concerned that a removal order has been issued .


### hosting service providers shall remove terrorist content or disable access to it within one hour from receipt of the removal order . ### while mindful of keeping a fair balance between the fundamental rights of all parties , hosting service providers shall remove terrorist content or disable access to it as promptly as possible after receipt of the removal order .


### information about redress available to the hosting service provider and to the content provider ; ### information and any applicable deadlines about redress available to the hosting service provider and to the content provider ;


### the competent authority which issued the removal order shall inform the competent authority which oversees the implementation of proactive measures , referred to in article 17 when the removal order becomes final . a removal order becomes final where it has not been appealed within the deadline according to the applicable national law or where it has been confirmed following an appeal . ### the competent authority which issued the removal order and which oversees the implementation of proactive measures , referred to in article 17 shall inform the competent authority requesting the removal order when the removal order becomes final . a removal order becomes final where it has not been appealed and redress has not been sought within the deadline according to the applicable national law or where it has been confirmed following an appeal .


### the referral shall contain sufficiently detailed information , including the reasons why the content is considered terrorist content , a url and , where necessary , additional information enabling the identification of the terrorist content referred . ### the referral shall contain sufficiently detailed information , including the reasons why the content is considered terrorist content , a url and , where necessary , additional information enabling the identification of the terrorist content referred , including screenshots if obtainable .


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


### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools . ### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of , and protection of users from , terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools .


### hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content . ### unless there has been no specific action required by them under this regulation in any given year , hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content .