### as regards turkey , the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti - discrimination legislation , including membership of all major international human rights treaties . in 2014 , the european court of human rights found violations in 94 out of 2899 applications . there are no indications of any incidents of refoulement of its own citizens . in 2014 , member states considered that 23 , 1 % of asylum applications of citizens of turkey were well - founded . one member state has designated turkey as a safe country of origin . turkey has been designated as a candidate country by the european council and negotiations have been opened . at that time the assessment was that turkey fulfilled the criteria established by the copenhagen european council of 21 - 22 june 1993 relating to stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities and turkey will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the annual progress report . ### as regards turkey , the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti - discrimination legislation , including membership of all major international human rights treaties . in 2014 , the european court of human rights found violations in 94 cases . there are no indications of any incidents of refoulement of its own citizens . the current situation in turkey , however , calls for caution . in 2014 , member states considered that 23 , 1 % of asylum applications of citizens of turkey were well - founded . only one member state has designated turkey as a safe country of origin . turkey has been designated as a candidate country by the european council and negotiations have been opened . at that time the assessment was that turkey fulfilled the criteria established by the copenhagen european council of 21 - 22 june 1993 relating to stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities and turkey will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the annual progress report . both several reported violations of freedom of expression and the ongoing armed conflict in the eastern and south - eastern regions of turkey involving the kurdish minority should be taken into account in the assessment of turkey ' s current compliance with the criteria set out in directive 2013 / 32 / eu . on the basis of the situation on the ground , the concept of ' safe country of origin ' may not be applied to turkish applicants who can demonstrate that they have been resident in these regions .


### as regards albania , the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti - discrimination legislation , including membership of all major international human rights treaties . in 2014 , the european court of human rights found violations in four out of 150 applications . there are no indications of any incidents of refoulement of its own citizens . in 2014 , member states considered that 7 , 8% of asylum applications of citizens from albania were well - founded . at least eight member states have designated albania as a safe country of origin . albania has been designated as a candidate country by the european council . at that time the assessment was that albania fulfilled the criteria established by the copenhagen european council of 21 - 22 june 1993 relating to stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities and albania will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the annual progress report . ### as regards albania , the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti - discrimination legislation , including membership of all major international human rights treaties . in 2014 , the european court of human rights found violations in four cases . there are no indications of any incidents of refoulement of its own citizens . in 2014 , member states considered that 7 , 8% of asylum applications of citizens from albania were well - founded . at least eight member states have designated albania as a safe country of origin . albania has been designated as a candidate country by the european council . at that time the assessment was that albania fulfilled the criteria established by the copenhagen european council of 21 - 22 june 1993 relating to stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities and albania will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the annual progress report .


### as regards the former yugoslav republic of macedonia , the legal basis for protection against persecution and mistreatment is adequately provided by principle substantive and procedural human rights and anti - discrimination legislation , including membership of all major international human rights treaties . in 2014 , the european court of human rights found violations in six out of 502 applications . there are no indications of any incidents of refoulement of its own citizens . in 2014 , member states considered that 0 , 9% of asylum applications of citizens of the former yugoslav republic of macedonia were well - founded . at least seven member states have designated the former yugoslav republic of macedonia as a safe country of origin . the former yugoslav republic of macedonia has been designated as a candidate country by the european council . at that time the assessment was that the former yugoslav republic of macedonia fulfilled the criteria established by the copenhagen european council of 21 - 22 june 1993 relating to stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities and the former yugoslav republic of macedonia will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the annual progress report . ### as regards the former yugoslav republic of macedonia , the legal basis for protection against persecution and mistreatment is adequately provided by principle substantive and procedural human rights and anti - discrimination legislation , including membership of all major international human rights treaties . in 2014 , the european court of human rights found violations in six cases . there are no indications of any incidents of refoulement of its own citizens . in 2014 , member states considered that 0 , 9% of asylum applications of citizens of the former yugoslav republic of macedonia were well - founded . at least seven member states have designated the former yugoslav republic of macedonia as a safe country of origin . the former yugoslav republic of macedonia has been designated as a candidate country by the european council . at that time the assessment was that the former yugoslav republic of macedonia fulfilled the criteria established by the copenhagen european council of 21 - 22 june 1993 relating to stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities and the former yugoslav republic of macedonia will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the annual progress report .


### as regards serbia , the constitution provides the basis for self - governance of minority groups in the areas of education , use of language , information and culture . the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti - discrimination legislation , including membership of all major international human rights treaties . in 2014 , the european court of human rights found violations in 16 out of 11 490 applications . there are no indications of any incidents of refoulement of its own citizens . in 2014 , member states considered that 1 , 8% of asylum applications of citizens from serbia were well - founded . at least nine member states have designated serbia as a safe country of origin . serbia has been designated as a candidate country by the european council and negotiations have been opened . at that time the assessment was that serbia fulfilled the criteria established by the copenhagen european council of 21 - 22 june 1993 relating to stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities and serbia will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the annual progress report . ### as regards serbia , the constitution provides the basis for self - governance of minority groups in the areas of education , use of language , information and culture . the legal basis for protection against persecution and mistreatment is adequately provided by substantive and procedural human rights and anti - discrimination legislation , including membership of all major international human rights treaties . in 2014 , the european court of human rights found violations in 16 cases . there are no indications of any incidents of refoulement of its own citizens . in 2014 , member states considered that 1 , 8% of asylum applications of citizens from serbia were well - founded . at least nine member states have designated serbia as a safe country of origin . serbia has been designated as a candidate country by the european council and negotiations have been opened . at that time the assessment was that serbia fulfilled the criteria established by the copenhagen european council of 21 - 22 june 1993 relating to stability of institutions guaranteeing democracy , the rule of law , human rights and respect for and protection of minorities and serbia will have to continue to fulfil these criteria for becoming a member in line with the recommendations provided in the annual progress report .


### in case of sudden changes in the situation of a third country that is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in annex i of directive 2013 / 32 / eu and , if those conditions are no longer met , shall adopt , in accordance with article 290 tfue , a decision suspending the presence of that third country from the eu common list for a period of one year . ### in case of sudden changes in the situation of a third country that is on the eu common list of safe countries of origin , the commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in annex i of directive 2013 / 32 / eu . if those conditions are no longer met , it shall adopt within a reasonable period of time consistent with the urgency of the situation on the ground , in accordance with article 290 tfeu , a decision suspending the presence of that third country from the eu common list for a period of one year .


### the commission should regularly review the situation in third countries that are on the eu common list of safe countries of origin . in case of sudden change for the worse in the situation of a third country on the eu common list , 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 in respect of suspending the presence of this third country from the eu common list for a period of one year where it considers , on the basis of a substantiated assessment , that the conditions set by directive 2013 / 32 / eu for regarding a third country as safe country of origin are no longer met . for the purpose of this substantiated assessment , the commission should take into consideration a range of sources of information at its disposal including in particular , its annual progress reports for third countries designated as candidate countries by the european council , regular reports from the european external action service and the information from member states , the european asylum support office , the united nations high commissioner for refugees , the council of europe and other relevant international organisations . the commission should be able to extend the suspension of the presence of a third country from the eu common list for a period of maximum one year , where it has proposed an amendment to this regulation in order to remove this third country from the eu common list of safe countries of origin . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### the commission should continuously monitor the situation in third countries that are on the eu common list of safe countries of origin and conduct reviews in this regard at least every six months . in case of sudden change for the worse in the situation of a third country on the eu common list , 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 in respect of suspending the presence of this third country from the eu common list for a period of one year where it considers , on the basis of a substantiated assessment , that the conditions set by directive 2013 / 32 / eu for regarding a third country as safe country of origin are no longer met . for the purpose of this substantiated assessment , the commission should take into consideration a range of sources of information at its disposal including in particular , its annual progress reports for third countries designated as candidate countries by the european council , regular reports from the european external action service and the information from member states , the european asylum support office , the united nations high commissioner for refugees , the council of europe and other relevant international organisations . the eu delegations in these countries should be tasked with monitoring for cases of refoulement and immediately report on any . the commission should be able to extend the suspension of the presence of a third country from the eu common list for a period of maximum one year , where it has proposed an amendment to this regulation in order to remove this third country from the eu common list of safe countries of origin . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### member states may introduce administrative sanctions , in accordance with their national law , for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article . these sanctions shall be effective , proportionate and dissuasive . in this context , detention should only be used as a means of last resort in order to determine or verify a third - country national ' s identity . ### member states shall introduce administrative sanctions , in accordance with their national law , for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article . these sanctions shall be effective , proportionate and dissuasive . in this context , detention should only be used as a means of last resort in order to determine or verify a third - country national ' s identity .


### for the purposes laid down in article 1 , europol shall designate an operating unit that is authorised to request comparisons with eurodac data through its designated national access point . the designated authority shall be an operating unit of europol which is competent to collect , store , process , analyse and exchange information to support and strengthen action by member states in preventing , detecting or investigating terrorist offences or other serious criminal offences falling within europol ' s mandate . ### for the purposes laid down in article 1 , europol shall designate an operating unit that is authorised to request comparisons with eurodac data the designated authority shall be an operating unit of europol which is competent to collect , store , process , analyse and exchange information to support and strengthen action by member states in preventing , detecting or investigating terrorist offences or other serious criminal offences falling within europol ' s mandate .


### the member state of origin which entered the data in the central system has given its consent and the individual concerned has been informed that his or her personal information may be shared with the authorities of a third - country . ### the member state of origin which entered the data in the central system has given its consent and the individual concerned has been informed that his or her personal information will be shared with the authorities of that third - country .


### lay down the conditions under which member states ' designated authorities and the european police office may request the comparison of fingerprint and facial image data with those stored in the central system for law enforcement purposes for the prevention , detection or investigation of terrorist offences or of other serious criminal offences . ### lay down the conditions under which member states ' designated authorities and the european police office may request the comparison of fingerprint and facial image data with those stored in the central system for law enforcement purposes .


### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . a member state may attempt to re - take the fingerprints or facial image of a minor or vulnerable person who refuses to comply , where the reason for non - compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so . where a minor , in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks , the minor shall be referred to the national child protection authorities and / or national referral mechanisms . ### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals or stateless persons who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . a member state may attempt to re - take the fingerprints or facial image of a minor or vulnerable person who refuses to comply , where the reason for non - compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so . where a minor , in particular an unaccompanied or separated minor refuses to give their fingerprints or facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks , the minor shall be referred to the national child protection authorities and / or national referral mechanisms .


### the recipients or categories of recipients of the data ; ### the recipients of the data ;


### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . _________________ 34 com 150 final , 27 . 5 . 2015 ### member states should refer to the commission ' s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals and the european union agency for fundamental rights ' checklist to act in compliance with fundamental rights when obtaining fingerprints for eurodac . 34a where a member state ' s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals and stateless persons who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image . _________________ 34 com 150 final , 27 . 5 . 2015 34a fra fundamental rights implications of the obligation to provide fingerprints for eurodac , 22 . 10 . 2015


### member states may introduce administrative sanctions , in accordance with their national law , for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article . these sanctions shall be effective , proportionate and dissuasive . in this context , detention should only be used as a means of last resort in order to determine or verify a third - country national ' s identity . ### member states may introduce , where appropriate , well justified administrative sanctions , in accordance with their national law and with full respect of the charter of fundamental rights of the european union , for non - compliance with the fingerprinting process and capturing a facial image in accordance with paragraph 1 of this article . these sanctions shall be effective , proportionate and dissuasive . in this context , detention , for as short a time as possible and necessary , should only be used as a means of last resort after effective counselling if there is no other way to determine or verify a third - country national ' s or stateless person ' s identity and there is a risk of absconding . detention of minors shall be prohibited .


### the best interests of the minor should be a primary consideration for member states when applying this regulation . where the requesting member state establishes that eurodac data pertain to a child , these data may only be used for law enforcement purposes by the requesting member state in accordance with that state ' s laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the child . ### the best interests of the minor should be a primary consideration for member states when applying this regulation . where the requesting member state establishes that eurodac data pertain to a child , these data may only be used for law enforcement purposes relating to the prevention , detection and investigation of child trafficking and for the protection of missing children and for taking measures for family tracing and reunification .


### nationality ; ### nationality or presumed and declared nationality or status as stateless person in accordance with article 1 of the 1954 convention relating to the status of stateless persons ;


### for the purposes laid down in article 10 , each set of data relating to an applicant for international protection , as referred to in article 12 , shall be stored in the central system for ten years from the date on which the fingerprints were taken . ### for the purposes laid down in article 10 , each set of data relating to an applicant for international protection , as referred to in article 12 , shall be stored in the central system for five years from the date on which the fingerprints were taken .


### member states are obliged to take the fingerprints and facial image of persons referred to in article 10 , 13 and 14 for the purposes of article 1 and of this regulation and shall impose on the data - subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with article 30 of this regulation . ### member states are obliged to take the fingerprints and facial image of persons referred to in article 10 , 13 and 14 for the purposes of article 1 , and&#160 ; of this regulation and shall impose on the data - subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with article 30 of this regulation . member states&#160 ; shall , at all times , &#160 ; respect the dignity and physical integrity of the person during the fingerprinting procedure and when capturing his or her facial image .


### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . a member state may attempt to re - take the fingerprints or facial image of a minor or vulnerable person who refuses to comply , where the reason for non - compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so . where a minor , in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks , the minor shall be referred to the national child protection authorities and / or national referral mechanisms . ### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . where a minor , in particular an unaccompanied or separated minor , refuses to give their fingerprints or a facial image , the minor shall be referred to the national child protection authorities , the national referral mechanisms or both . a specific needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests shall be undertaken by the national child protection authorities , the other relevant national referral mechanisms or both .


### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . ### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images especially for the purpose laid down in point of article 1 . the minor shall be informed in written and oral form in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . mental or physical coercion in order to coerce the taking of fingerprints or a facial image from minors or vulnerable persons shall not be allowed .


### data relating to a person who has acquired citizenship of any member state before expiry of the period referred to in article 17 , or shall be erased from the central system in accordance with article 28 as soon as the member state of origin becomes aware that the person concerned has acquired such citizenship . ### data relating to a person who has acquired citizenship of any member state before expiry of the period referred to in article 17 , or shall be erased from the central system in accordance with article 28 . the member state of origin shall be informed immediately if the person concerned has acquired such citizenship in order to erase the data .


### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security . this group should assess the necessity and proportionality of establishing interoperability with the schengen information systems and the visa information systems , and examine if there is a need to revise the legal framework for law enforcement access to eurodac . _________________ 28 com 205 final ### the commission’s communication on stronger and smarter information systems for borders and security28 highlights the need to improve the interoperability of information systems as a long - term objective , as also identified by the european council and the council . the communication proposes to set up an expert group on information systems and interoperability to address the legal and technical feasibility of achieving interoperability of the information systems and examine if there is a need to revise the legal framework for law enforcement access to eurodac . technological solutions should be developed to ensure the interoperability of eurodac with the schengen information system , the visa information system , europol and the entry - exit system in order to enhance effective cooperation amongst member states in managing external borders and combatting serious crime . _________________ 28 com 205 final


### no information regarding the fact that an application for international protection has been made in a member state shall be disclosed to any third - country for persons related to article 10 , particularly where that country is also the applicant ' s country of origin . ### no information regarding the fact that an application for international protection has been made in a member state shall be disclosed to any third - country for persons related to article 10 .


### assist with the control of illegal immigration to and secondary movements within the union and with the identification of illegally staying third - country nationals for determining the appropriate measures to be taken by member states , including removal and repatriation of persons residing without authorisation . ### deleted


### assist with the control of illegal immigration to and secondary movements within the union and with the identification of illegally staying third - country nationals for determining the appropriate measures to be taken by member states , including removal and repatriation of persons residing without authorisation . ### assist with the control of illegal immigration and secondary movements within the union and with the identification of illegally staying third - country nationals and stateless persons for determining the appropriate measures to be taken by member states , including removal , repatriation and return measures for third - country nationals and stateless persons staying illegally .


### the member state of origin which entered the data in the central system has given its consent and the individual concerned has been informed that his or her personal information may be shared with the authorities of a third - country . ### the member state of origin which entered the data in the central system has given its consent and the individual concerned has been informed that his or her personal information will be shared with the authorities of a specific third - country .


### in view of successfully preventing and monitoring unauthorised movements of third - country nationals or stateless persons who have no right to stay in the union , and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with directive 2008 / 115 / ec35 and the right to protection of personal data , a period of five years should be considered a necessary period for the storage of fingerprint and facial data . _________________ 35 oj l 348 , 24 . 12 . 2008 , p . 98 ### in view of successfully preventing and monitoring unauthorised movements of third - country nationals or stateless persons who have no right to stay in the union , and of taking the necessary measures for returning third - country nationals and enforcing effective readmission to third countries in accordance with directive 2008 / 115 / ec35 and the right to protection of personal data , a period of five years should be considered a necessary period for the storage of fingerprint and facial data . _________________ 35 oj l 348 , 24 . 12 . 2008 , p . 98


### the leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . this member state - specific information shall include at least the rights of the data subject , the possibility of information by the national supervisory authorities , as well as the contact details of the office of the controller and of the data protection officer , and the national supervisory authorities . ### the leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . this member state - specific information shall include at least the possible administrative sanctions under national law , which a person could face for non - compliance with the fingerprinting process and capturing a facial image , the rights of the data subject , the possibility of information and assistance by the national supervisory authorities , as well as the contact details of the office of the controller and of the data protection officer , and the national supervisory authorities .


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the fees shall be reduced if the ship’s design , equipment , procurement and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner and , in the case of fishing vessels , if the fishing vessel has equipment on board to retrieve lost gear and it can be demonstrated that all reasonable precautions are systematically undertaken to prevent such losses during operation . reductions in fees for waste as defined in annex v to the marpol convention shall meet the minimum requirements in annex 4a to this directive . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management and the requirements on fishing vessels to undertake all reasonable precautions and to add additional requirements to annex 4a to this directive .


### the ‘ green ship’ concept should be further developed in relation to waste management , so that an effective reward system can be implemented for those vessels that reduce their waste on board . ### voluntary application of reduced fees for vessels that demonstrate good waste management practices beyond the required standards which result in the generation of reduced quantities of waste should be encouraged .


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the fees may be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner .


### to address the problem of marine litter effectively , it is fundamental to provide the right level of incentives for the delivery of waste to port reception facilities , in particular garbage . this can be achieved through a cost recovery system , which requires the application of an indirect fee , which is due irrespective of the delivery of waste and which should give a right of delivery of the waste without any additional direct charges . the fishing and recreational sector , given their contribution to the occurrence of marine litter , should also be included in this system . ### to address the problem of marine litter effectively , it is fundamental to provide the right level of incentives for the delivery of waste to port reception facilities , in particular garbage . this can be achieved through a cost recovery system , which requires the application of an indirect fee , which is due irrespective of the delivery of waste and which should give a right of delivery of the waste without any additional direct charges . the delivery of accidentally fished waste should be excluded from the cost recovery system and should not result in additional costs on fishing vessels .


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , and cargo residues of high - viscosity persistent floating substances , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ;


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; the indirect fee shall cover quantities normally delivered with respect to the category , type and size of the ship ;


### the level of protection of human or animal health and of the environment chosen in the union allows for a uniform scientific assessment throughout the union and this directive should not alter that situation . therefore , to avoid any interference with the competences which are granted to the risk assessors and risk managers under directive 2001 / 18 / ec and regulation no 1829 / 2003 , a member state should only use grounds related to environmental policy objectives which do not conflict with the assessment of risks to health and the environment which are assessed in the context of the authorisation procedures provided in directive 2001 / 18 / ec and in regulation no 1829 / 2003 , such as the maintenance of certain type of natural and landscape features , certain habitats and ecosystems , as well as specific ecosystem functions and services . ### the level of protection of human or animal health and of the environment chosen in the union cannot be diverged from by a member state , and this principle should be maintained . therefore , to avoid any interference with the competences which are granted to the risk assessors and risk managers under directive 2001 / 18 / ec and regulation no 1829 / 2003 , a member state should only use grounds related to environmental policy objectives which are complementary to the assessment of risks to health and the environment which are assessed in the context of the authorisation procedures provided in directive 2001 / 18 / ec and in regulation no 1829 / 2003 .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives distinct from the elements assessed according to this directive and regulation no 1829 / 2003 ; town and country planning ; land use ; socio - economic impacts ; avoidance of gmo presence in other products without prejudice to article 26a ; agricultural policy objectives ; public policy . those grounds may be invoked individually or in combination , with the exception of the ground set out in point which cannot be used individually , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 . ### without prejudice to paragraph 1 , a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives relating to environmental impacts which might arise from the cultivation of gmos and which are complementary to the impacts examined during the scientific risk assessment conducted according to this directive and regulation no 1829 / 2003 . those grounds may include : - the prevention of the development of pesticide resistance amongst weeds and pests ; - the invasiveness or persistence of a genetically modified variety , or the possibility of interbreeding with domestically cultivated or wild plants ; - the prevention of negative impacts on the local environment caused by changes in agricultural practices linked to the cultivation of gmos ; - the maintenance of local biodiversity , including certain habitats and ecosystems , or certain types of natural and landscape features , as well as specific ecosystem functions and services ; - the absence or lack of adequate data concerning the potential negative impacts of the release of gmos on the local or regional environment of a member state , including on biodiversity ; town and country planning ; land use ; socio - economic impacts such as the impracticability or the high costs of coexistence measures or the impossibility of implementing coexistence measures due to specific geographical conditions such as small islands or mountain zones ; agricultural policy objectives . those grounds may include : - the need to protect the diversity of agricultural production ; - the maintenance and development of agricultural practices which offer a better potential to reconcile production with ecosystem sustainability ; – the need to ensure seed purity . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 .


### environmental policy objectives distinct from the elements assessed according to this directive and regulation no 1829 / 2003 ; ### environmental policy objectives distinct from the elements assessed according to this directive and regulation no 1829 / 2003 and&#160 ; based on empirical evidence which might arise from the cultivation of gmos such as pesticide resistance or loss of biodiversity ;


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### member states , acting as risk managers , should be authorised / granted the possibility / allowed to adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos or of all gmos in all or part of their territory , on the basis of grounds related to environmental impacts or other legitimate factors such as socio - economic impacts , where those factors have not been properly addressed as part of the harmonised procedures provided for in part c of directive 2001 / 18 / ec and regulation no 1829 / 2003 , or to persisting scientific uncertainty . those measures should be in conformity with union law .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### member states should always have the possibility to act as risk manager , and adopt reasoned measures restricting or prohibiting the cultivation of a gmo , groups of gmos defined by crop or trait or of all gmos in all or part of their territory , on the basis of grounds related to environmental or agricultural policy objectives , or other legitimate factors which might arise from the deliberate release or the placing on the market of gmos , such as socio - economic impacts , co - existence or persisting scientific uncertainty . those grounds may be invoked individually or in combination .


### the member state concerned shall refrain from adopting and implementing those measures ; and ### the member state concerned shall refrain from adopting and implementing those measures , provided that this does not coincide with the sowing period of the gm crops addressed by the measures ; and


### member states may take appropriate measures to avoid the unintended presence of gmos in other products . ### in article 26a , paragraph 1 is replaced by the following : ‘ 1 . member states shall take appropriate measures to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states . ’


### socio - economic impacts ; ### socio - economic impacts ; those grounds may include : - the impracticability or the high cost of coexistence measures or the impossibility of implementing coexistence measures due to specific geographical conditions ; - the need to protect the diversity of agricultural production ; - the need to ensure seed purity ; or


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives distinct from the elements assessed according to this directive and regulation no 1829 / 2003 ; town and country planning ; land use ; socio - economic impacts ; avoidance of gmo presence in other products without prejudice to article 26a ; agricultural policy objectives ; public policy . those grounds may be invoked individually or in combination , with the exception of the ground set out in point which cannot be used individually , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 . ### without prejudice to paragraph 1 , a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : environmental policy objectives relating to environmental impacts which might arise from the cultivation of gmos and which are complementary to the impacts observed during the scientific risk assessment conducted according to this directive and regulation no 1829 / 2003 . those grounds may be : – the prevention of the development of pesticide resistance among weeds and pests ; – the invasiveness or persistence of a genetically modified variety , or the possibility of interbreeding with domestically cultivated or wild plants ; – the prevention of negative impacts on the local environment caused by changes in agricultural practices linked to the cultivation of gmos ; – the maintenance of local biodiversity , including certain habitats and ecosystems , or certain types of natural and landscape features , as well as specific ecosystem functions and services ; – the absence or lack of adequate data concerning the potential negative impacts of the release of gmos on the local or regional environment of a member state , including on biodiversity ; town and country planning ; land use ; socio - economic impacts such as the impracticability or the high costs of coexistence measures or the impossibility of implementing coexistence measures due to specific geographical conditions , such as small islands or mountain zones ; avoidance of gmo presence in other products without prejudice to article 26a ; agricultural policy objectives . those grounds may include : – the need to protect the diversity of agricultural production ; – the maintenance and development of agricultural practices which offer greater potential to reconcile production with ecosystem sustainability ; – the need to ensure seed purity ; public policy ; grounds relating to public opinion , for example results of referendums at national , regional or local level . those grounds may be invoked individually or in combination , with the exception of the ground set out in point which cannot be used individually , depending on the particular circumstances of the member state , region or area in which those measures will apply , but shall , in no case , conflict with the environmental risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### a member state may , following the risk assessment carried out pursuant to this directive or to regulation no 1829 / 2003 and acting as risk manager , adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos defined by crop or trait or of all gmos in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , non - discriminatory and based on grounds such as those related to :


### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and no later than two years after the date when the consent / authorisation is granted , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . ____________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services . ### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and for the whole duration of the consent / authorisation , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . the member state concerned should therefore communicate the proposed measures to the commission at least 75 days prior to their adoption , in order to give the opportunity to the commission to comment , and should refrain from adopting and implementing those measures during that period . on the expiry of the established standstill period , the member state should be able to adopt the measures as originally proposed or amended to take into account the commission ' s comments . ____________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services .


### where the notifier / applicant opposes the adjustment of the geographical scope of its notification / application corresponding to a request made by a member state in accordance with paragraph 1 of this article , that member state may adopt measures restricting or prohibiting the cultivation of that gmo in all or part of its territory once authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , provided that such measures are in conformity with union law , reasoned , proportional and non - discriminatory and , in addition , are based on compelling grounds such as those related to : ### member states may , acting as risk managers , adopt measures restricting or prohibiting the cultivation of a particular gmo or of groups of gmos defined by crop or trait or of all gmos authorised in accordance with part c of this directive or with regulation no 1829 / 2003 , in all or part of their territory , provided that those measures are in conformity with union law , reasoned , proportional and non - discriminatory and based on grounds such as those related to :


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of strict scientific grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law .


### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted to the european parliament and to the esas . ### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted without delay to the european parliament and to the esas .


### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , where appropriate , at an early stage and in an open and transparent manner . ### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , especially the social partners , at an early stage and in an open and transparent manner . the results of those consultations have to be fully taken into account .


### all written communications not referred to in paragraph 1 between the court or tribunal and the parties shall be carried out by electronic means attested by an acknowledgment of receipt , where such means are acceptable in procedures under national law and only where the party accepts such means of communication . ### all written communications not referred to in paragraph 1 between the court or tribunal and the parties shall be carried out by electronic means attested by an acknowledgment of receipt , where such means are acceptable in procedures under national law .


### the member states shall ensure that the parties can pay the court fees by means of distance payment methods , including bank transfer and credit or debit card on - line payment system . ### the member states shall ensure that the parties can pay the court fees by means of distance payment methods , including bank transfer or credit or debit card on - line payment system .


### both parties indicate their willingness to conclude a court settlement and request a court hearing for that purpose . ### both parties indicate their willingness to conclude a court settlement and a settlement cannot be reached by correspondence .


### the protection of individuals with regard to the processing of personal data is governed by directive 95 / 46 / ec of the european parliament and of the council1 and by directive 2002 / 58 / ec of the european parliament and of the council2 which are fully applicable in the context of contracts for the supply of digital content . those directives already establish a legal framework in the field of personal data in the union . the implementation and application of this directive should be made in full compliance with that legal framework . __________ oj l 281 , 23 / 11 / 1995 , p . 31 - 50 ) [ to be replaced by the general data protection regulation , once adopted ] . 2 . oj l 201 , 31 . 7 . 2002 , p . 37–47 . ### the pursuit of activities falling within the scope of this directive involves the processing of personal data . this directive is without prejudice to the rules of union law applicable to the processing of personal data within the union , in particular regulation 2016 / 679 and directive 2002 / 58 / ec of the european parliament and of the council2 , which govern the processing of personal data carried out in the member states under the supervision of the member states ' competent authorities , in particular the public independent authorities designated by the member states . those legal acts already establish a legal framework in the field of personal data in the union and are fully applicable in the context of contracts for the supply of digital content . the implementation and application of this directive should be made in full compliance with that legal framework . __________ 2 . oj l 201 , 31 . 7 . 2002 , p . 37–47 .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### the contract should stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content and digital services with the contract . it is also necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content or digital services of the same description would normally be used .


### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content . ### as regards digital content or a digital service supplied in exchange for a counter - performance other than money , this directive should apply to contracts where the consumer provides personal or other data and the supplier directly or indirectly collects them . the directive should not apply to situations where the supplier collects data necessary for the conclusion or performance of a contract for the supply of digital content or a digital service .


### member states shall ensure that adequate and effective means exist to ensure compliance with this directive . ### member states shall ensure that effective and dissuasive means exist to ensure compliance with this directive .


### consumers will benefit from fully harmonised rights for digital content at a high level of protection . they will have clear rights when they receive or access digital content from anywhere in the eu . this will increase their confidence in buying digital content . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content . ### consumers will benefit from fully harmonised rights for digital content and digital services at a high and uniform level of protection . they will have clear rights when they receive or access digital content and digital services from anywhere in the eu . this will increase their confidence in buying digital content and digital services . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear and uniform rights that will enable them to address problems they face with digital content and digital services .


### where the digital content has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract , the consumer may terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contract . ### where the digital content has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract , the consumer shall be entitled to terminate the contract only from the date on which the digital content or digital service ceased to be in conformity with the contract , unless the lack of conformity with the contract is such as to justify termination of the contract as a whole .


### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content . ### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should also apply to contracts where the consumer provides personal data or any other data that may be used directly or indirectly by the supplier . this should also include contracts in which the consumer allows access to , and processing of his or her personal data by the supplier . this directive should not apply to situations where the supplier collects data that are exclusively used by the supplier in order for the digital content to function , including software updating , in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws .


### the supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content . moreover , given that digital content may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period . ### the supplier should be liable to the consumer for any failure to supply the digital content or a digital service and for the lack of conformity with the contract . moreover , given that digital content or digital services may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### the contract should stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content or service with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content or services of the same description would normally be used , taking into account the nature of the content and service and , if applicable , public statements made by or on behalf of the supplier or other persons in previous links of the commercial transaction chain .


### the supplier shall be liable to the consumer for any economic damage to the digital environment of the consumer caused by a lack of conformity with the contract or a failure to supply the digital content . damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract . ### the supplier shall be liable to the consumer for any economic damage to the consumer caused by a lack of conformity with the contract or a failure to supply the digital content . damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract .


### without prejudice to the fundamental rights to the protection of private life , including confidentiality of communications , and the protection of personal data of the consumer , the consumer should cooperate with the supplier in order to allow the supplier to ascertain the consumer ' s digital environment with the use of the least intrusive means which are at the disposal of both parties in the circumstances . this may often be done for instance by providing the supplier with automatically generated incident reports or details of the consumer ' s internet connection . only in exceptional and duly justified circumstances where with the best use of all other means there is no other way possible , this may also be done by allowing virtual access to the consumer ' s digital environment . however , where the consumer does not cooperate with the supplier , it should be for the consumer to prove that the digital content is not in conformity with the contract . ### without prejudice to the fundamental rights to the protection of private life , including confidentiality of communications , and the protection of personal data of the consumer , the consumer should cooperate with the supplier in order to allow the supplier to ascertain the consumer ' s digital environment with the use of the least intrusive means which are at the disposal of both parties in the circumstances . this may often be done for instance by providing the supplier with automatically generated incident reports or details of the consumer ' s internet connection . only in exceptional and duly justified circumstances where with the best use of all other means there is no other way possible , this may also be done by allowing virtual access to the consumer ' s digital environment . however , where the consumer does not cooperate with the supplier , it should be for the consumer to prove that the digital content or digital service is not in conformity with the contract provided that the consumer was informed about this consequence .


### this directive should fully harmonise a set of key rules that are so far not regulated at union level . it should include therefore rules on conformity of the digital content , remedies available to consumers in cases of lack of conformity of digital content with the contract and certain modalities for the exercise of those remedies . this directive should also harmonise certain aspects concerning the right to terminate a long term contract , as well as certain aspects concerning the modification of the digital content . ### this directive should harmonise a set of key rules that are so far not regulated at union level while leaving room for regulatory competition . it should include therefore rules on conformity of the digital content and digital services , remedies available to consumers in cases of lack of conformity of digital content and digital services with the contract and certain modalities for the exercise of those remedies . this directive should also harmonise certain aspects concerning the right to terminate a long term contract , as well as certain aspects concerning the modification of the digital content .


### in order to meet the expectations of consumers and ensure a clear - cut and simple legal framework for suppliers of digital content offered on a durable medium , in relation to conformity requirements and remedies available to consumers for non - conformity , this directive should apply to goods such as dvds and cds , incorporating digital content in such a way that the goods function only as a carrier of the digital content . the directive should apply to the digital content supplied on a durable medium , independently whether it is sold at a distance or in face - to - face situations , so as to avoid fragmentation between the different distribution channels . the directive 2011 / 83 should continue to apply to those goods , including to obligations related to the delivery of goods , remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied . the directive is also without prejudice to the distribution right applicable to these goods under copyright law . ### in order to meet the expectations of consumers and ensure a clear and unambiguous legal framework for suppliers of digital content or service offered on a physical medium , in relation to conformity requirements and remedies available to consumers for non - conformity , this directive should also apply to material goods incorporating digital content in such a way that it constitutes an integral part of the material good and cannot easily be uninstalled unless the supplier proves that the defect lies in the hardware of the good in question . this scope is justified by the increasing complexity of goods incorporating digital content . this directive should also apply to the digital content supplied on a physical medium , independently of whether it is sold at a distance or in face - to - face situations , so as to avoid fragmentation between the different distribution channels . the directive 2011 / 83 should continue to apply to those goods , including to obligations related to the delivery of goods , remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied . the directive is also without prejudice to the distribution right applicable to these goods under copyright law .


### differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstacles which hinder the development of the supply of digital content , as very few tailor - made rules exist at union level . businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when selling digital content across borders . businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content are already emerging in several member states , creating differences in scope and content between specific national rules governing these contracts . in those member states where there are not yet specific rules for the supply of digital content , traders willing to sell cross - border face uncertainty , as they will often not know which rules apply to digital content in the member state they want to export to , nor the content of those rules and whether they are mandatory . ### differences in national mandatory consumer contract law rules are an essential pre - condition for a learning process within the european union , whereas a maximum harmonisation approach would bear the risk of making contractual law non - responsive to swift technological or behavioural developments and changes . this is because maximum harmonisation would prevent member states from adopting more stringent rules in their national laws and thus prevent them from quickly and adequately responding to new business practices detrimental to consumers . suppliers willing to supply digital content and digital services cross - border would benefit highly from the european union ' s harmonisation efforts , despite a minimum harmonisation approach , as only very few member states possess specific rules on the supply of digital content and digital services . this gives the union the opportunity to harmonise this area of law and set common standards , while acknowledging that member states may want to maintain certain national provisions . business - to - business transactions are regulated differently in each member state and should remain outside the scope of this directive ;


### where the contract provides that the digital content shall be supplied over a period of time , any lack of conformity which occurs during the duration of that period . ### where the contract provides that the digital content shall be supplied over a period of time or at specified time or date for a single act of supply , any lack of conformity which occurs during the duration of that period or at the time or date agreed to supply the digital content or digital service .


### the supplier shall take all measures which could be expected in order to refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content ; ### the supplier shall refrain from the use of personal data or any other data which the consumer has made available instead of a payment in money in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been produced jointly by the consumer and others who continue to make use of the content . the supplier shall refrain from processing personal data for the mere purpose of allowing non - personal data and content to be linked to the consumer in order to be able to allow the consumer to retrieve it under point . the supplier shall comply with the obligations applicable under regulation 2016 / 679 ;


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks , adjusted to the consumers at whom it is targeted , to ascertain the conformity of the digital content with the contract , it is necessary to set conformity criteria to ensure that consumers sufficiently comprehend , and are not deprived of their rights . in such cases , the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used , available technical standards , and consumers ' reasonable expectations .


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content or digital service is to be supplied or made accessible over the period of time stipulated in the contract , the supplier may only alter the functionality , interoperability and other main performance features of the digital content or digital service , to the extent that those alterations&#160 ; benefit the consumer , if :


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council1 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . __________ oj l 304 , 22 . 11 . 2011 , p . 64 . ### this directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council1 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . __________ oj l 304 , 22 . 11 . 2011 , p . 64 .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council . 30 in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . _________________ 30 oj l 304 , 22 . 11 . 2011 , p . 64 . ### the directive should address problems across different categories of digital content or service and their supply . in order to ensure legal consistency , the notion of digital content should correspond with that used in directive 2011 / 83 / eu of the european parliament and of the council and should cover , for example , video , audio , applications , digital games and any other software . in order to cater for current and future technological developments , this directive should also cover digital services which allow the creation , processing or storage of data , for example cloud storage or file hosting services . it should likewise cover digital services allowing sharing and other interaction , for example social media , instant messaging services , video or audio - sharing websites or platforms , provided they fall outside the scope of electronic communication services within the meaning of directive 2002 / 21 / ec . while there are numerous ways for digital content or digital services to be supplied , such as downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital services or access to the use of social media , this directive should apply to all digital content or digital services independently of the medium used for their transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content or service should be ensured .


### the value the digital content would have if it were in conformity with the contract ; and ### the value the digital content or digital service would have if there were no lack of conformity ; and


### upon termination the supplier should also refrain from using the content generated by the consumer . however , in those cases where more than one consumer generated particular content , the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it . ### upon termination , the supplier should also refrain from using the content produced by the consumer . however , in those cases where more than one consumer produced particular content , the supplier is entitled to continue to use the content produced by the consumer where those other consumers make use of it .


### the growth potential of e - commerce has not yet been fully exploited . the digital single market strategy for europe29 tackles in a holistic manner the major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content and facilitating businesses to supply digital content is necessary to boost the union ' s digital economy and stimulate overall growth . _________________ 29 com 192 final . ### the growth potential of e - commerce has not yet been fully exploited . this directive tackles major obstacles to the development of cross - border e - commerce in the union in order to unleash&#160 ; its full&#160 ; potential . ensuring better access for consumers to digital content or digital services , providing remedies for consumers in case of lack of conformity or a failure to supply the digital content or digital services and facilitating businesses to supply digital content and digital services is necessary to boost the union ' s digital economy , stimulate overall growth and increase consumer trust in&#160 ; the digital single market .


### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content . ### the supplier shall bring the digital content or digital service in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content or digital service and the purpose for which the consumer required this digital content or digital service .


### the growth potential of e - commerce has not yet been fully exploited . the digital single market strategy for europe29 tackles in a holistic manner the major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content and facilitating businesses to supply digital content is necessary to boost the union ' s digital economy and stimulate overall growth . _________________ 29 com 192 final . ### the growth potential of e - commerce has not yet been fully exploited . the digital single market strategy for europe29 tackles in a holistic manner the major obstacles to the development of cross - border e - commerce in the union in order to unleash this potential . ensuring better access for consumers to digital content and facilitating businesses , and especially smes , to supply digital content is necessary to boost the union ' s digital economy and stimulate overall growth . _________________ 29 com 192 final .


### the supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content . moreover , given that digital content may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period . ### the supplier should be liable to the consumer for any failure to supply the digital content or a digital service and for the lack of conformity with the contract . moreover , given that digital content or digital services may be supplied over a period of time , it is justified that the supplier should be liable for any lack of conformity which occurs during that period .