### (50) there are considerable disparities between regulated roaming tariffs within the union and roaming tariffs incurred by customers when they are travelling outside the union , which are significantly higher than prices within the union , where roaming surcharges are only exceptionally applied following the abolition of retail roaming charges . due to the absence of a consistent approach to transparency and safeguard measures concerning roaming outside the union , consumers are not confident about their rights and are therefore often deterred from using mobile services while abroad. transparent information provided to consumers could not only assist them in the decision as to how to use their mobile devices while travelling abroad (both within and outside the union) , but could also assist them in the choice between roaming providers. it is therefore necessary to address the problem of the lack of transparency and consumer protection by applying certain transparency and safeguard measures also to roaming services provided outside the union. those measures should facilitate competition and improve the functioning of the internal market. ### (50) there are considerable disparities between regulated roaming tariffs within the union and roaming tariffs incurred by customers when they are travelling outside the union , which are significantly higher than prices within the union , where roaming surcharges are only exceptionally applied following the abolition of retail roaming charges. citizens and businesses in external border regions would benefit greatly from roaming provisions with neighbouring countries similar to those in the union , which should lead to lowering roaming fees when using mobile connections in third countries. due to the absence of a consistent approach to transparency and safeguard measures concerning roaming outside the union , consumers are not confident about their rights and are therefore often deterred from using mobile services while abroad. transparent information provided to consumers could not only assist them in the decision as to how to use their mobile devices while travelling abroad (both within and outside the union) , but could also assist them in the choice between roaming providers. it is therefore necessary to address the problem of the lack of transparency and consumer protection by applying certain transparency and safeguard measures also to roaming services provided outside the union. it is also necessary to encourage bilateral agreements between operators from the union and outside the union as well as to include rlah provisions in future international agreements with third countries , in particular those directly bordering the union. those measures should facilitate competition and improve the functioning of the internal market.


### (63) since the objectives of this regulation , namely to provide for a common approach for ensuring that users of public mobile communications networks , when travelling within the union , do not pay excessive prices for union-wide roaming services in comparison with competitive national prices , while increasing transparency and ensuring sustainability of the provision of retail roaming services at domestic prices as well as a genuine rlah experience in terms of quality of service and access to emergency services while roaming , cannot be sufficiently achieved by the member states but can rather be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives. ### (63) since the objectives of this regulation , namely to provide for a common approach for ensuring that users of public mobile communications networks and users of non-terrestrial networks in aircrafts and vessels , when travelling within the union , do not pay excessive prices for union-wide roaming services in comparison with competitive national prices , while increasing consumer protection , transparency and ensuring sustainability of the provision of retail roaming services at domestic prices as well as a genuine rlah experience in terms of quality of service and access to emergency services while roaming , cannot be sufficiently achieved by the member states but can rather be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives.


### ‘visited network’ means a terrestrial public mobile communications network situated in a member state other than that of the roaming customer’s domestic provider that permits a roaming customer to make or receive calls , to send or receive sms messages or to use packet switched data communications , by means of arrangements with the home network operator; ### ‘visited network’ means a public mobile communications network situated in a member state other than that of the roaming customer’s domestic provider that permits a roaming customer to make or receive calls , to send or receive sms messages or to use packet switched data communications , by means of arrangements with the home network operator;


### ‘roaming customer’ means a customer of a roaming provider of regulated roaming services , by means of a terrestrial public mobile communications network situated in the union , whose contract or arrangement with that roaming provider permits union-wide roaming; ### ‘roaming customer’ means a customer of a roaming provider of regulated roaming services , by means of a public mobile communications network situated in the union , whose contract or arrangement with that roaming provider permits union-wide roaming;


### without prejudice to articles 10 , 11 and 12 , the visited network operator shall not levy on the roaming provider any charge related to the emergency communications initiated by the roaming customer and the transmission of caller location information. ### without prejudice to articles 10 , 11 and 12 , the visited network operator shall not levy on the roaming provider any charge related to the emergency communications initiated by the roaming customer and the transmission of caller location information. the visited network operator shall also not levy on the roaming provider any charge related to other non-emergency crucial communications services of social value initiated by the roaming customer.


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


### 5. roaming providers shall make available information to their customers on how to avoid inadvertent roaming in border regions. roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home member state. ### 5. roaming providers shall make available information to their customers on how to avoid inadvertent roaming in border regions and while using non-terrestrial networks. roaming providers shall take the necessary measures to ensure their customers are protected from paying roaming charges for inadvertently accessed roaming services while situated in their home member state.


### 6. roaming providers shall take reasonable steps to protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home member state. this shall include informing customers on how to avoid inadvertent roaming in border regions. ### 6. roaming providers shall take the necessary measures to effectively protect their customers from paying roaming charges for inadvertently accessed roaming services while situated in their home member state. this shall include ensuring customers can opt-in to roaming outside the eu in border regions and informing customers on how to effectively avoid inadvertent roaming in border regions.


### this article , with the exception of paragraph 6 , the second subparagraph of paragraph 2 and paragraph 3 , and subject to the second and third subparagraphs of this paragraph , shall also apply to data roaming services used by roaming customers travelling outside the union and provided by a roaming provider. ### this article , with the exception of paragraph 6 ,the second subparagraph of paragraph 2 and paragraph 3 , and subject to the second and third subparagraphs of this paragraph , shall also apply to data roaming services used by roaming customers travelling outside the union and provided by a roaming provider and to data roaming services used by roaming customers when using non-terrestrial networks.


### 2. national regulatory authorities and , where relevant , berec shall make up-to-date information on the application of this regulation , in particular articles 5 , 6 , 7 , 9 , 10 , 11 , and 12 , publicly available in a manner that enables interested parties to have easy access to it. ### 2. national regulatory authorities and , where relevant , berec shall make up-to-date information on the application of this regulation , in particular articles 5 , 6 , 7 , 9 , 10 , 11 , 12 , 13 , and 18 (1 a) publicly available in a manner accessible to interested parties , including to persons with disabilities.


### the extent to which roaming customers and operators face problems in relation to value added services; ### the extent to which roaming customers and operators face problems in relation to value added services and how those problems can be best resolved to protect consumers and secure an internal single market;


### in order to assess competitive developments in the union-wide roaming markets , berec shall collect data regularly from national regulatory authorities on developments in retail and wholesale charges for regulated voice , sms and data roaming services , including wholesale charges applied for balanced and unbalanced roaming traffic respectively , on the use of trading platforms and similar instruments , on the development of machine-to-machine roaming , and on the extent to which wholesale roaming agreements cover quality of service and give access to different network technologies and generations. berec shall also collect data regularly from national regulatory authorities on the application of fair use policy by operators , the developments of domestic-only tariffs , the application of the sustainability mechanisms and complaints on roaming. when consulted pursuant to paragraph 1 , berec shall collect and provide additional information on transparency , the application of measures on emergency communication and on value added services . ### in order to assess competitive developments in the union-wide roaming markets , berec shall collect data regularly from national regulatory authorities on developments in retail and wholesale charges for regulated voice , sms and data roaming services , including wholesale charges applied for balanced and unbalanced roaming traffic respectively , on the use of trading platforms and similar instruments , on the development of machine-to-machine roaming , and on the extent to which wholesale roaming agreements cover quality of service and give access to different network technologies and generations. berec shall also collect data regularly from national regulatory authorities on the application of fair use policy by operators , the developments of domestic-only tariffs , the application of the sustainability mechanisms and complaints on roaming. when consulted pursuant to paragraph 1 , berec shall collect and provide additional information on all relevant points , including but not limited to transparency , the application of measures on emergency communication and on value added services.


### entry into force and expiry ### entry into force


### (7) an internal telecommunications market cannot be said to exist while there are differences between domestic and roaming prices. therefore the difference between domestic charges and roaming charges should be eliminated , thus establishing an internal market for mobile communication services. ### (7) an internal telecommunications market cannot be said to exist while there are differences between domestic and roaming prices. therefore the difference between domestic charges and roaming charges should be eliminated , thus establishing an internal market for mobile communication services. specifities of iot must be taken into consideration.


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


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


### 1. recalls the importance , for a properly functioning and competitive internal market , of effective better law-making tools that take subsidiarity and proportionality fully into account when drawing up scientifically based and balanced legislation , particularly for consumers and smes; ### 1. recalls the importance , for a properly functioning and competitive internal market , of effective better law-making tools that take subsidiarity and proportionality fully into account when drawing up balanced , clear and comprehensible legislation , particularly for consumers and smes


### 1. notes that while the number of reasoned opinions received from national parliaments continued to fall between 2017 and 2019 , the number of opinions submitted to the commission and contributions to the european parliament , including on non-legislative initiatives , remains consistently high , which is testament to the positive and forward-looking engagement of national parliaments with the eu policy cycle; notes that several of these submissions focused on important institutional issues such as the completion of the economic and monetary union (emu) and the activation of passerelle clauses; ### 1. notes that while the number of reasoned opinions received from national parliaments continued to fall between 2017 and 2019 , the number of opinions submitted to the commission and contributions to the european parliament , including on non-legislative initiatives , remains consistently high , which is testament to the positive and forward-looking engagement of national parliaments with the eu policy cycle and the need of strengthening the subsidiarity principle; notes that several of these submissions focused on important institutional issues such as the completion of the economic and monetary union (emu) and the activation of passerelle clauses;


### 1. welcomes the constant consideration of the principles of subsidiarity and proportionality , which are guiding principles for the european union when it chooses to act; recalls the concerns raised in previous reports about the somewhat perfunctory character of the annual reports on subsidiarity and proportionality prepared by the commission , which often fail to pay detailed consideration to how these principles are observed in eu policy-making; ### 1. welcomes the constant consideration of the principles of subsidiarity and proportionality , which are guiding principles for the european union; recalls the concerns raised in previous reports about the somewhat perfunctory character of the annual reports on subsidiarity and proportionality prepared by the commission , which often fail to pay detailed consideration to how these principles are observed in eu policy-making; acknowledges the growing comprehensiveness of the annual reports on subsidiarity and proportionality of the commission , within the current legal format , which are increasingly detailed and exhaustive;


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


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


### 3. underlines that the use of directives as legislative instruments allows for better compliance with and respect for the principle of subsidiarity; ### 3. stresses that in no case should the subsidiarity process lead to a dilemma between regulations and directives , this choice corresponds to another framework , since the subsidiarity analysis concerns "who does what better and closer” and not who prescribes norms or policies , thus it is not a necessarily legal analysis;


### 4. calls on the member states’ authorities at national and regional level , and on stakeholders to become more closely involved at an early stage of the decision-making process , with subsidiarity and proportionality checks and administrative burden assessments of eu legislation; calls further on the member states to ensure the swift and consistent transposition , implementation and enforcement of legislation , and to avoid ‘gold-plating’ that can undermine the smooth functioning of the internal market; ### 4. calls on the member states’ authorities at national and regional level , and on stakeholders to become more closely involved at an early stage of the decision-making process , with subsidiarity and proportionality checks and administrative burden assessments of eu legislation; calls further on the member states to ensure the swift and consistent transposition , implementation and enforcement of legislation;


### 4. encourages the commission to assess the possibility of assisting the national parliaments in playing a positive and proactive role in eu affairs through the introduction of an informal ‘green card’ procedure; ### 4. encourages the commission to bring europe closer to its citizens developing its work with the local , regional and national policy makers;


### 4. notes the conclusions of the task force on subsidiarity , proportionality and ‘doing less more efficiently’; draws attention to the fact that parliament declined the invitation to participate by appointing members to the task force , with full respect for its institutional role as the only directly elected body of the european union and of ensuring democratic scrutiny of the activity of european union; ### 4. notes the conclusions of the task force on subsidiarity , proportionality and ‘doing less more efficiently’; draws attention to the fact that parliament declined the invitation to participate by appointing members to the task force , with full respect for its institutional role as the only directly elected body of the european union and of ensuring democratic scrutiny of the activity of european union; welcomes the results and recommendations of the report of the task force stating that there is eu value added in all existing areas of activity and the task force did not , therefore , identify any treaty competences or policy areas that should be re-delegated definitively , in whole or in part , to the member states;


### 5. warns that legislation which increases administrative burdens greatly affects smes and consumers by hindering competitiveness and preventing the single market from unlocking its full potential; calls on the commission , with a view to providing evidence on the added value of eu action , and its costs and benefits , to strengthen the sme fitness check. ### 5. warns that legislation which increases unnecessary administrative burdens could affect smes and consumers by hindering competitiveness and preventing the single market from unlocking its full potential; further stresses that the reduction of administrative burdens does not necessarily mean deregulation , and in any event , it must not compromise environmental and consumer protection , healthcare and food safety; recalls that , while additional unnecessary administrative burdens should be avoided , this should not prevent the member states from maintaining or taking more ambitious measures and adopting higher social , environmental and consumer protection standards in cases where only minimum standards are defined by union law; calls on the commission , with a view to providing evidence on the added value of eu action , and its costs and benefits , to strengthen the sme fitness check.


### 5. warns that legislation which increases administrative burdens greatly affects smes and consumers by hindering competitiveness and preventing the single market from unlocking its full potential; calls on the commission , with a view to providing evidence on the added value of eu action , and its costs and benefits , to strengthen the sme fitness check. ### 5. notes that micro and smes should face proportionate obligations taking into account their specificities and sectorial characteristics and encourages the commission to use strong enforcement action to limit market fragmentation , remove unjustified market barriers and ensure a level playing field by making use of all available tools , in order to avoid limiting consumer choice , hindering competitiveness and preventing the single market from unlocking its full potential; calls on the commission , with a view to providing evidence on the added value of eu action , and its costs and benefits , to strengthen the sme fitness check.


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


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


### 6. emphasises the importance of the participation of national parliaments in the process of law-making at eu level; regrets the fact that in 2017 the commission received 20 % fewer reasoned opinions than in 2016 (52 reasoned opinions in 2017 compared to 65 reasoned opinions in 2016) , and that in 2018 it received only 37 reasoned opinions; observes that no proposals received more than four reasoned opinions; ### 6. recalls that the “orange card” procedure has never been activated , and that the “yellow card” has been activated only three times , out of a total of 435 reasoned opinions and 5227 opinions in the period 2007-2019; emphasises the importance of the participation of national parliaments in the process of policy-making at eu level; emphasises the fact that in 2017 the commission received 20 % fewer reasoned opinions than in 2016 (52 reasoned opinions in 2017 compared to 65 reasoned opinions in 2016) , and that in 2018 it received only 37 reasoned opinions; stresses that in 2019 , 0 reasoned opinions were submitted; observes that no proposals received more than four reasoned opinions;


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


### 8. believes that the refit platform should be expanded to widen its focus from regulatory burdens to matters of subsidiarity and proportionality; warns against the rigid application by the commission of a ‘one in , one out’ principle in the implementation of better law-making processes. ### 8. deleted


### f. whereas the commission received 52 reasoned opinions from national parliaments on the principle of subsidiarity in 2017 , 37 in 2018 and none in 2019; ### f. whereas the commission received 52 reasoned opinions from national parliaments on the principle of subsidiarity in 2017 , 37 in 2018 and none in 2019; whereas in 2020 (not covered in this report) the commission received a total of only 9 reasoned opinions;


### h. whereas the current crisis has strengthened the need to alleviate unnecessary regulatory burdens to make sure that eu laws deliver their intended benefits while reducing unnecessary costs , particularly for small and medium-sized enterprises (smes); ### h. whereas the current crisis has strengthened the need to identify unnecessary regulatory burdens to make sure that eu laws deliver their intended benefits while reducing unnecessary costs , particularly for small and medium-sized enterprises (smes);


### 13. supports the consolidation of responses if seven or more national parliaments issue reasoned opinions on one of the commission’s legislative proposals , despite the threshold for initiating the ‘yellow card’ procedure not having been reached; considers that this gives the views of national parliaments greater visibility; ### deleted


### 14. welcome the ‘one-in , one-out’ approach based on stakeholder involvement , through which the commission aims to offset newly introduced burdens by relieving people and businesses of equivalent burdens at eu level in the same policy area; emphasises , however , that the implementation of this approach should not lead to mechanical decisions to repeal legislation or lower standards; ### deleted


### 14. welcome the ‘one-in , one-out’ approach based on stakeholder involvement , through which the commission aims to offset newly introduced burdens by relieving people and businesses of equivalent burdens at eu level in the same policy area; emphasises , however , that the implementation of this approach should not lead to mechanical decisions to repeal legislation or lower standards; ### 14. welcome the ‘one-in , one-out’ approach based on stakeholder involvement , through which the commission aims to offset newly introduced burdens , not to be used as a deregulatory measure , by relieving people and businesses of equivalent burdens at eu level in the same policy area; emphasises , however , that the implementation of this approach should not lead to mechanical decisions to repeal legislation or lower standards; and that its aim should be to modernize and reform eu legislation to face new societal challenges , while taking into account the added value of existing measures for society as a whole;


### 15. welcomes , in this regard , the establishment by the commission of the fit for future platform , a high-level expert group with the participation of various stakeholders , member state experts , and representatives of the committee of the regions and the european economic and social committee , which advises the commission on how to identify potentially burdensome existing eu legislation and how to simplify and modernise it , including through digitalisation; ### 15. welcomes , in this regard , the establishment by the commission of the fit for future platform , a high-level expert group with the participation of various stakeholders , member state experts , and representatives of the committee of the regions and the european economic and social committee , which advises the commission on how to make eu legislation more efficient , by identifying potentially unnecessarily burdensome existing measures and how to simplify and modernise them , including through digitalisation;


### a. whereas despite the european-level ban on its use , asbestos remains the main cause of death linked to occupational diseases , and whereas it also affects individuals outside the working environment through a continuous increase in cancers and mesothelioma linked to passive , limited exposure; ### a. whereas despite the european-level ban on its use , asbestos remains the main cause of death linked to occupational diseases , and whereas it also affects individuals outside the working environment through a continuous increase in cancers and mesothelioma linked to passive , limited exposure; whereas many cases of asbestos-related diseases are not recognised as occupational diseases;


### b. whereas the extensive use of asbestos in construction poses a threat to building users and occupants; ### b. whereas a substantial share of the existing built environment in the eu is older than 50 years and according to eu building stock observatory in most eu member states , half of the residential stock was built before 1970 when asbestos was widely used; whereas the extensive use of asbestos in construction poses a threat to many different groups of people , including home-owners , building users and occupants;


### a. the screening shall consists of a diagnosis of the presence of asbestos and must be followed by action to reduce the risk posed by any asbestos detected; ### a. the screening shall consists of a diagnosis of the presence of asbestos by a professional entity with appropriate qualifications and permits provided for by national and union law and must be followed by action to reduce the risk posed by any asbestos detected; asbestos waste disposal must be strictly controlled;


### c. the result of the screening must be communicated to a competent national body , which shall maintain a national register of asbestos risk reduction certificates and provide advice to owners; ### c. the result of the screening must be communicated to a competent national body , which shall maintain a national register of asbestos risk reduction certificates and provide advice to owners about applicable laws and regulation , the correct and safe removal of asbestos detected , and financial support available;


### 3. recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking; ### 3. recalls that asbestos diseases have been observed in populations living or having lived in the vicinity of industrial sites or premises with degraded flocking , including populations living close to construction sites , train infrastructures , shipyards and power plants;


### 4. recalls that a study by italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers; ### 4. recalls that a study by italian scientists has shown that ingestion of water containing asbestos fibres significantly increases the risk of gastric and colorectal cancers; further recalls that in line with who recommendations asbestos-cement pipes should no longer be used or approved for drinking water;


### 4. the establishment of centres for the treatment and inerting of waste containing asbestos by providing for the phasing out of the disposal of such waste in landfills; ### 4. the integration of an eu-wide plan in the strategy to be developed by the commission for the treatment of asbestos waste and the safe handling , removal and substitution of this substance in waste streams;


### 5. the establishment of a european framework for public and accessible asbestos registers , together with a mapping of the exact location of asbestos on public and private sites; ### 5. the establishment of a european framework for public and accessible asbestos registers and minimum standards relating to their implementation , together with a mapping of the exact location of asbestos on public and private sites;


### 7. the active involvement of the social partners and other stakeholders , such as asbestos victims’ groups. ### 7. the measurement and access to information with regard to background concentration levels of asbestos in the atmosphere all over the eu and the introduction of exposure limit values for living spaces.


### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market by providing a fair and level playing field for all market participants , enabling the growth of innovative businesses , and guaranteeing a high level of consumer protection and choice; ### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market by preventing the distortion of competition , providing a fair and level playing field for all market participants - including the micro- , small- and medium-sized enterprises (smes) - , enabling the growth of innovative businesses , guaranteeing a high level of consumer protection and allowing consumers to choose between a variety of suppliers and products;


### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market by providing a fair and level playing field for all market participants , enabling the growth of innovative businesses , and guaranteeing a high level of consumer protection and choice; ### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market by providing a fair and level playing field for all market participants , enabling the growth of innovative businesses , and guaranteeing a high level of consumer protection and more varied choice;


### 2. notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the commission’s focus on modernising its competition policy to adequately tackle serious problems and market failures in the digital sector; ### 2. notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the commission’s focus on modernising its competition policy to adequately and in an ethical and non-discriminatory manner tackle serious problems , challenges , difficulties and market failures in the digital sector;


### 2. notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the commission’s focus on modernising its competition policy to adequately tackle serious problems and market failures in the digital sector; ### 2. notes the changes both businesses and consumers are facing due to the digital transformation and welcomes the commission’s focus on modernising its competition policy to adequately tackle serious problems and market failures in the digital sector; recalls that competition policy is also about ensuring consumer welfare as well as providing quality , innovation and sustainability; highlights also that consumer rights must be preserved and if possible strengthened both online and offline and therefore , competition policy rules are also tools for reaching a high level consumer protection;


### 4. highlights the importance of a few online operators acting as gatekeepers to the digital economy , including access to e-commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines , therefore , the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in the forthcoming digital markets act proposal; ### 4. highlights the importance of a few online operators acting as gatekeepers to the digital economy , including access to e-commerce markets and the consequences on freedom of choice for consumers and access to markets for companies , and especially smes; underlines , therefore , the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair , including as regards competition , and competitive; looks forward to seeing this instrument in the forthcoming digital markets act proposal;


### 4. highlights the importance of a few online operators acting as gatekeepers to the digital economy , including access to e-commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines , therefore , the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; looks forward to seeing this instrument in the forthcoming digital markets act proposal; ### 4. highlights the importance of a few online operators acting as gatekeepers to the digital economy , including access to e-commerce markets and the consequences on freedom of choice for consumers and access to markets for companies; underlines the need for an internal market ex ante regulatory instrument to ensure that impacted markets remain fair and competitive; welcomes therefore , the commission's suggestion in the digital markets act proposal;


### 6. stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties; ### 6. stresses the importance of clear measures to ensure effective and efficient enforcement and regulated supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties;


### 6. stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties; ### 6. stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the eu level; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties; urges the commission to further strengthen the role of the european consumers centres network (ecc-net) in the spirit of the ecn+ directive1a with a view to setting up an eu consumers authority;


### 7. calls on the commission to ensure fair and secure access to data for all market participants; notes that it should empower consumers to control their data and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on european values and fair competition. ### 7. calls on the commission to ensure fair and secure access to data for all market participants , taking current eu data protection legislation into account; notes that it should empower consumers to control their data and provide them with additional rights in terms of data portability and interoperability in order to ensure that the single market for data is based on european values and fair competition.


### (1) the treaty on the functioning of the european union (‘tfeu’) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. the establishment of common rules and practices in the member states relating to the development of a framework for data governance should contribute to the achievement of those objectives. ### (1) the treaty on the functioning of the european union (‘tfeu’) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. the establishment of common rules and practices in the member states relating to the development of a framework for data governance should also contribute to the development of an internal market that allows the sustainable development of smes and micro-enterprises and fair competition.


### (1) the treaty on the functioning of the european union (‘tfeu’) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. the establishment of common rules and practices in the member states relating to the development of a framework for data governance should contribute to the achievement of those objectives. ### (1) the treaty on the functioning of the european union (‘tfeu’) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. the establishment of common rules and practices in the member states relating to the development of a framework for data governance embedded fundamental rights-based european values should contribute to the achievement of those objectives.


### (2) over the last few years , digital technologies have transformed the economy and society , affecting all sectors of activity and daily life. data is at the centre of this transformation: data-driven innovation will bring enormous benefits for citizens , for example through improved personalised medicine , new mobility , and its contribution to the european green deal23 . in its data strategy24 , the commission described the vision of a common european data space , a single market for data in which data could be used irrespective of its physical location of storage in the union in compliance with applicable law. it also called for the free and safe flow of data with third countries , subject to exceptions and restrictions for public security , public order and other legitimate public policy objectives of the european union , in line with international obligations. in order to turn that vision into reality , it proposes to establish domain-specific common european data spaces , as the concrete arrangements in which data sharing and data pooling can happen. as foreseen in that strategy , such common european data spaces can cover areas such as health , mobility , manufacturing , financial services , energy , or agriculture or thematic areas , such as the european green deal or european data spaces for public administration or skills. ### (2) over the last few years , digital technologies have transformed the economy and society , affecting all sectors of activity and daily life , and the covid19 crisis is likely to result in permanent changes to life in europe , in which digitalisation will have a major role. data is at the centre of this transformation: data-driven innovation will bring enormous benefits both for citizens and the economy , for example through improved personalised medicine , new mobility , and its contribution to the european green deal23 . in its data strategy24 , the commission described the vision of a common european data space , a single market for data in which data could be used irrespective of its physical location of storage in the union in compliance with applicable law. it also called for the free and safe flow of data with third countries , subject to exceptions and restrictions for public security , public order and other legitimate public policy objectives of the european union , in line with international obligations. in order to turn that vision into reality , it proposes to establish domain-specific common european data spaces , as the concrete arrangements in which data sharing and data pooling can happen. as foreseen in that strategy , such common european data spaces can cover areas such as health , mobility , manufacturing , financial services , energy , or agriculture or thematic areas , such as the european green deal or european data spaces for public administration or skills. covid 19 is also widening the digital gap , especially the gender gap as women's digital literacy is lagging behind while the majority of services are digitalised. it is necessary to promote gender balance in the digital sector , bearing in mind the way people and companies use ict and other digital technologies to work and interact in the new digital society.


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


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


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


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


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


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


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


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


### (13) data subject to intellectual property rights as well as trade secrets should only be transmitted to a third party where such transmission is lawful by virtue of union or national law or with the agreement of the rightholder. where public sector bodies are holders of the right provided for in article 7(1) of directive 96/9/ec of the european parliament and of the council (41 ) they should not exercise that right in order to prevent the re-use of data or to restrict re-use beyond the limits set by this regulation. ### (13) data subject to intellectual property rights as well as trade secrets should only be transmitted to a third party where such transmission is lawful by virtue of union or national law and with the agreement of the rightholder. where public sector bodies are holders of the right provided for in article 7(1) of directive 96/9/ec of the european parliament and of the council (41 ) they should not exercise that right in order to prevent the re-use of data or to restrict re-use beyond the limits set by this regulation.


### (19) in order to build trust in re-use mechanisms , it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive , as regards the transfer to third countries , if such transfer could jeopardise public policy objectives , in line with international commitments. for example , in the health domain , certain datasets held by actors in the public health system , such as public hospitals , could be identified as highly sensitive health data. in order to ensure harmonised practices across the union , such types of highly sensitive non-personal public data should be defined by union law , for example in the context of the european health data space or other sectoral legislation. the conditions attached to the transfer of such data to third countries should be laid down in delegated acts. conditions should be proportionate , non-discriminatory and necessary to protect legitimate public policy objectives identified , such as the protection of public health , public order , safety , the environment , public morals , consumer protection , privacy and personal data protection. the conditions should correspond to the risks identified in relation to the sensitivity of such data , including in terms of the risk of the re-identification of individuals. these conditions could include terms applicable for the transfer or technical arrangements , such as the requirement of using a secure processing environment , limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. in exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest. ### (19) in order to build trust in re-use mechanisms , it is necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive , as regards the transfer to third countries , if such transfer could jeopardise public policy objectives , in line with international commitments. for example , in the health domain , certain datasets held by actors in the public health system , such as public hospitals , could be identified as highly sensitive health data. in order to ensure harmonised practices across the union , such types of highly sensitive non-personal public data should be defined by union law , for example in the context of the european health data space or other sectoral legislation. the conditions attached to the transfer of such data to third countries should be laid down in delegated acts. conditions should be proportionate , non-discriminatory and necessary to protect legitimate public policy objectives identified , such as the protection of public health , public order , safety , the environment , public morals , consumer protection , privacy and personal data protection. the conditions should correspond to the risks identified in relation to the sensitivity of such data , including in terms of the risk of the re-identification of individuals. these conditions could include terms applicable for the transfer or technical arrangements , such as the requirement of using a secure processing environment , limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. in exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.


### (19) in order to build trust in re-use mechanisms , it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive , as regards the transfer to third countries , if such transfer could jeopardise public policy objectives , in line with international commitments. for example , in the health domain , certain datasets held by actors in the public health system , such as public hospitals , could be identified as highly sensitive health data. in order to ensure harmonised practices across the union , such types of highly sensitive non-personal public data should be defined by union law , for example in the context of the european health data space or other sectoral legislation. the conditions attached to the transfer of such data to third countries should be laid down in delegated acts. conditions should be proportionate , non-discriminatory and necessary to protect legitimate public policy objectives identified , such as the protection of public health , public order , safety , the environment , public morals , consumer protection , privacy and personal data protection. the conditions should correspond to the risks identified in relation to the sensitivity of such data , including in terms of the risk of the re-identification of individuals. these conditions could include terms applicable for the transfer or technical arrangements , such as the requirement of using a secure processing environment , limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. in exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest. ### (19) in order to build trust in re-use mechanisms , it may be necessary to attach stricter conditions for certain types of non-personal data that have been identified as highly sensitive , as regards the transfer to third countries , if such transfer could jeopardise public policy objectives , in line with international commitments. for example , in the health domain , certain datasets held by actors in the public health system , such as public hospitals , could be identified as highly sensitive health data. in order to ensure harmonised practices across the union , such types of highly sensitive non-personal public data should be defined by union law , for example in the context of the european health data space or other sectoral legislation. the conditions attached to the transfer of such data to third countries should be laid down in delegated acts. conditions should be ethical , transparent , sustainable , proportionate , non-discriminatory and necessary to protect legitimate public policy objectives identified , such as the protection of public health , public order , safety , the environment , public morals , consumer protection , privacy and personal data protection. the conditions should correspond to the risks identified in relation to the sensitivity of such data , including in terms of the risk of the re-identification of individuals. these conditions could include terms applicable for the transfer or technical arrangements , such as the requirement of using a secure processing environment , limitations as regards the re-use of data in third-countries or categories of persons which are entitled to transfer such data to third countries or who can access the data in the third country. in exceptional cases they could also include restrictions on transfer of the data to third countries to protect the public interest.


### (33) the competent authorities designated to monitor compliance of data sharing services with the requirements in this regulation should be chosen on the basis of their capacity and expertise regarding horizontal or sectoral data sharing , and they should be independent as well as transparent and impartial in the exercise of their tasks. member states should notify the commission of the identity of the designated competent authorities. ### (33) the competent authorities designated to monitor compliance of data sharing services with the requirements in this regulation should be chosen on the basis of their proved capacity and expertise regarding horizontal or sectoral data sharing , and they should be independent as well as transparent and impartial in the exercise of their tasks. member states should notify the commission of the identity of the designated competent authorities.


### (33) the competent authorities designated to monitor compliance of data sharing services with the requirements in this regulation should be chosen on the basis of their capacity and expertise regarding horizontal or sectoral data sharing , and they should be independent as well as transparent and impartial in the exercise of their tasks. member states should notify the commission of the identity of the designated competent authorities. ### (33) the competent authorities designated to monitor compliance of data sharing services with the requirements in this regulation should be chosen on the basis of their capacity and expertise regarding horizontal or sectoral data sharing , and they should be independent as well as transparent and impartial in the exercise of their tasks and they should closely liaise with all relevant national authorities , in particular for data protection , competition , cybersecurity , artificial intelligence and any other sectoral authorities. which may have information necessary for the exercise of their task. member states should notify the commission of the identity of the designated competent authorities.


### (35) there is a strong potential in the use of data made available voluntarily by data subjects based on their consent or , where it concerns non-personal data , made available by legal persons , for purposes of general interest. such purposes would include healthcare , combating climate change , improving mobility , facilitating the establishment of official statistics or improving the provision of public services. support to scientific research , including for example technological development and demonstration , fundamental research , applied research and privately funded research , should be considered as well purposes of general interest. this regulation aims at contributing to the emergence of pools of data made available on the basis of data altruism that have a sufficient size in order to enable data analytics and machine learning , including across borders in the union. ### (35) there is a strong potential in the use of data made available voluntarily by data subjects based on their consent or , where it concerns non-personal data , made available by legal persons , for purposes of general interest. such purposes would include healthcare , combating climate change , improving mobility and education , reducing gender and cultural gaps , facilitating the establishment of official statistics or improving the provision of public services. support to scientific research , including for example technological development and demonstration , fundamental research , applied research and privately funded research , insofar as it contributes to the common benefit of society , should be considered as well purposes of general interest. this regulation aims at contributing to the emergence of pools of data made available on the basis of data altruism that have a sufficient size in order to enable data analytics and machine learning , including across borders in the union.


### (36) legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements , should be able to register as ‘data altruism organisations recognised in the union’. this could lead to the establishment of data repositories. as registration in a member state would be valid across the union , and this should facilitate cross-border data use within the union and the emergence of data pools covering several member states. data subjects in this respect would consent to specific purposes of data processing , but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. the voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. such trust should result in particular from a place of establishment within the union , as well as from the requirement that registered entities have a not-for-profit character , from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity , oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics , effective technical means to withdraw or modify consent at any moment , based on the information obligations of data processors under regulation (eu) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. ### (36) legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements , should be able to register as ‘data altruism organisations recognised in the union’. this could lead to the establishment of data repositories. as registration in a member state would be valid across the union , and this should facilitate cross-border data use within the union and the emergence of data pools covering several member states. data subjects in this respect would consent to specific purposes of data processing , but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. the compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. such trust should result in particular from a place of establishment within the union , as well as from the requirement that registered entities have a not-for-profit character , from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity , oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics , effective technical means to withdraw or modify consent at any moment , based on the information obligations of data processors under regulation (eu) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. legal entities should ensure that misleading marketing practices are not used to solicit donations of data.


### (36) legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements , should be able to register as ‘data altruism organisations recognised in the union’. this could lead to the establishment of data repositories. as registration in a member state would be valid across the union , and this should facilitate cross-border data use within the union and the emergence of data pools covering several member states. data subjects in this respect would consent to specific purposes of data processing , but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. legal persons could give permission to the processing of their non-personal data for a range of purposes not defined at the moment of giving the permission. the voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. such trust should result in particular from a place of establishment within the union , as well as from the requirement that registered entities have a not-for-profit character , from transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity , oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics , effective technical means to withdraw or modify consent at any moment , based on the information obligations of data processors under regulation (eu) 2016/679 as well as means for data subjects to stay informed about the use of data they made available. ### (36) legal entities that seek to support purposes of general interest by making available relevant data based on data altruism at scale and meet certain requirements , should be able to register as ‘data altruism organisations recognised in the union’. this could lead to the establishment of data repositories. as registration in a member state would be valid across the union , and this should facilitate cross-border data use within the union and the emergence of data pools covering several member states. data subjects in this respect would consent to specific purposes of data processing , but could also consent to data processing in certain areas of research or parts of research projects as it is often not possible to fully identify the purpose of personal data processing for scientific research purposes at the time of data collection. this should be understood without prejudice of the consent procedures established in regulation (eu) 2016/679. legal persons could give permission to the processing of their non-personal data for a range of purposes of general interest , although not defined at the moment of giving the permission. the voluntary compliance of such registered entities with a set of requirements should bring trust that the data made available on altruistic purposes is serving a general interest purpose. such trust should result in particular from a place of establishment within the union , as well as from the requirement that registered entities have a not-for-profit character , from ethical and transparency requirements and from specific safeguards in place to protect rights and interests of data subjects and companies. further safeguards should include making it possible to process relevant data within a secure processing environment operated by the registered entity , oversight mechanisms such as ethics councils or boards to ensure that the data controller maintains high standards of scientific ethics , effective technical means to withdraw or modify consent at any moment , based on the information obligations of data processors under regulation (eu) 2016/679 as well as means for data subjects to stay informed about the use of data they made available.


### (39) to bring additional legal certainty to granting and withdrawing of consent , in particular in the context of scientific research and statistical use of data made available on an altruistic basis , a european data altruism consent form should be developed and used in the context of altruistic data sharing. such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. it could also be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data. in order to take into account the specificities of individual sectors , including from a data protection perspective , there should be a possibility for sectoral adjustments of the european data altruism consent form. ### (39) to bring additional legal certainty to granting and withdrawing of consent , in particular in the context of scientific research and statistical use of data made available on an altruistic basis , a european data altruism consent form should be developed and used in the context of altruistic data sharing. such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. it could also be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data at any moment in time. persons who decide to withdraw their consent shall be ensured that the data for which they gave their consent is no longer used and that they have been removed from the projects for which they were used. in order to take into account the specificities of individual sectors , including from a data protection perspective , there should be a possibility for sectoral adjustments of the european data altruism consent form.


### (39) to bring additional legal certainty to granting and withdrawing of consent , in particular in the context of scientific research and statistical use of data made available on an altruistic basis , a european data altruism consent form should be developed and used in the context of altruistic data sharing. such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. it could also be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data. in order to take into account the specificities of individual sectors , including from a data protection perspective , there should be a possibility for sectoral adjustments of the european data altruism consent form. ### (39) to bring additional legal certainty to granting and withdrawing of consent , in particular in the context of scientific research and statistical use of data made available on an altruistic basis , a european data altruism consent form should be developed and used in the context of altruistic data sharing. such a form should contribute to additional transparency for data subjects that their data will be accessed and used in accordance with their consent and also in full compliance with the data protection rules. it could also be used to streamline data altruism performed by companies and provide a mechanism allowing such companies to withdraw their permission to use the data any time. persons who decide to withdraw their consent shall be ensured that the data for which they gave their consent is no longer used and that they have been removed from the projects for which they were used. in order to take into account the specificities of individual sectors , including from a data protection perspective , there should be a possibility for sectoral adjustments of the european data altruism consent form.