### compile , register , process and make available to the commission and the competent authorities of the member states all the information received or available pursuant to article 4 and , article 7 , article 9 , article 13 . the agency shall make the non - confidential information publicly available on its website and shall facilitate the exchange of that information with relevant information platforms such as those referred to in article 13 ; ### compile , register , process and make available to the commission and the competent authorities of the member states all the information received or available pursuant to article 4 and , article 5 , article 7 , article 9 , article 13 . the agency shall make the non - confidential information publicly available on its website and shall facilitate the exchange of that information with relevant information platforms such as those referred to in article 13 ;


### the power to adopt delegated acts referred to in articles 4 , 7 and 15 shall be conferred on the commission for an indeterminate period of time from [ … ] . ### the power to adopt delegated acts referred to in articles 4 , 7 and 15 shall be conferred on the commission for a period of five years from [ date of entry into force of this regulation ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### three years after the start of operations of the ees and every four years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of results achieved against objectives and the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council . ### three years after the start of operations of the ees and every two years thereafter , the commission shall produce an overall evaluation of the ees . this overall evaluation shall include an examination of costs and results achieved against objectives as well as the impact on fundamental rights , and assessing the continuing validity of the underlying rationale , the application of the regulation , the security of the ees and any implications on future operations , and shall make any necessary recommendations . the commission shall transmit the evaluation report to the european parliament and the council .


### the communication of the commission of 6 april 2016 entitled ' stronger and smarter information systems for borders and security ' 46 outlined the need for the eu to strengthen and improve its it systems , data architecture and information exchange in the area of border management , law enforcement and counter - terrorism and emphasised the need to improve the interoperability of it systems . the communication also identified a need to address information gaps , including on third country nationals holding a long - stay visa . _________________ 46 com 205 final . ### the communication of the commission of 6 april 2016 entitled ' stronger and smarter information systems for borders and security ' 46 outlined the need for the eu to strengthen and improve its it systems , data architecture and information exchange in the area of border management , law enforcement and counter - terrorism and emphasised the need to improve the interoperability of it systems . _________________ 46 com 205 final .


### the continuous emergence of new forms of security threats , new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means . since these means entail the processing of important amounts of personal data , appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary in a democratic society . ### the continuous emergence of new forms of security threats , new patterns of irregular migration and public health threats requires effective responses and needs to be countered with modern means . since these means entail the processing of important amounts of personal data , appropriate safeguards should be introduced to keep the interference with the rights to respect for private and family life and to the personal data limited to what is necessary in a democratic society without infringing any of the human rights specified under the existing rules .


### [ regulation 2018 / xx on interoperability ] provides the possibility for a member state police authority which has been so empowered by national legislative measures , to identify a person with the biometric data of that person taken during an identity check . however specific circumstances may exist where identification of a person is necessary in the interest of that person . such cases include situations where the person was found after having gone missing , been abducted or having been identified as victim of trafficking . in such cases , quick access for law enforcement authorities to vis data to enable a fast and reliable identification of the person , without the need to fulfill all the preconditions and additional safeguards for law enforcement access , should be provided . ### [ regulation 2018 / xx on interoperability ] provides the possibility for a member state police authority which has been so empowered by national legislative measures , to identify a person with the biometric data of that person taken during an identity check . however specific circumstances may exist where identification of a person is necessary in the interest of that person . such cases include situations where the person was found after having gone missing , been abducted or having been identified as victim of trafficking . in such cases alone , quick access for law enforcement authorities to vis data to enable a fast and reliable identification of the person , without the need to fulfill all the preconditions and additional safeguards for law enforcement access , should be provided .


### member states should make available relevant personal data processed in the vis , in accordance with the applicable data protection rules and where required in individual cases for carrying out tasks under regulation … / … of the european parliament and the council60 , union resettlement framework regulation ] , to the [ european union asylum agency ] and relevant international bodies such as the united nations high commissioner for refugees , the international organisation on migration and to the international committee of the red cross refugee and resettlement operations , in relation to third - country nationals or stateless persons referred by them to member states in the implementation of regulation … / … [ the union resettlement framework regulation ] . _________________ 60 regulation … / … of the european parliament and the council [ full title ] . ### after the final decision in the case of application for international protection is made , member states should make available relevant personal data processed in the vis , in accordance with the applicable data protection rules and where required in individual cases for carrying out tasks under regulation … / … of the european parliament and the council60 , union resettlement framework regulation ] , to the [ european union asylum agency ] and relevant international bodies such as the united nations high commissioner for refugees , the international organisation on migration and to the international committee of the red cross refugee and resettlement operations , in relation to third - country nationals or stateless persons referred by them to member states in the implementation of regulation … / … [ the union resettlement framework regulation ] . _________________ 60 regulation … / … of the european parliament and the council [ full title ] .


### to facilitate the visa application procedure ; ### to facilitate the visa application procedure and shorten award times ;


### to assist in the identification of persons who have gone missing ; ### to assist in the identification of persons referred to in article 22o of this regulation who have gone missing ;


### support a high level of security by contributing to the assessment of whether the applicant is considered to pose a threat to public policy , internal security or public health prior to their arrival at the external borders crossing points ; ### support a high level of security in all member states by contributing to the assessment of whether the applicant is considered to pose a threat to public policy , internal security or public health prior to their arrival at the external borders crossing points ;


### ‘ facial image’ means digital image of the face ; ### ‘ facial image’ means digital image of the face of sufficient image resolution and quality to be used in automated biometric matching ;


### fingerprint data referred to in article 9 and article 22c ; ### fingerprint data referred to in article 9 ;


### access to the vis for consulting the data shall be reserved exclusively for the duly authorised staff of the national authorities of each member state and of the eu bodies which are competent for the purposes laid down in articles 15 to 22 , articles 22c to 22f , articles 22g to 22j , as well as for the purposes laid down in articles 20 and 21 of [ regulation 2018 / xx on interoperability ] . ### access to the vis for consulting the data shall be reserved exclusively for the duly authorised staff of the national authorities of each member state and of the eu bodies which are competent for the purposes laid down in articles 15 to 22 .


### the facial image of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching . ### the facial image of third country nationals referred to in point 5 of the first paragraph shall have sufficient image resolution and quality to be used in automated biometric matching . if it lacks sufficient quality , the facial image shall not be used for automated matching .


### when an application is created or a visa is issued , the vis shall check whether the travel document related to that application is recognised in accordance to decision no 1105 / 2011 / eu , by performing an automatic search against the list of recognised travel documents referred to in article 5a , and shall return a result . ### when an application is created or a visa is issued , the vis shall check whether the travel document related to that application is recognised in accordance to decision no 1105 / 2011 / eu , by performing an automatic search against the list of recognised travel documents referred to in article 5a , and shall return a result in accordance with the end - user’s access rights in the underlying legal bases .


### for the purpose of the verifications provided for in article 21 and article 21 , and of regulation no 810 / 2009 , the vis shall launch a query by using the european search portal defined in article 6 [ of the interoperability regulation ] to compare the relevant data referred to in point of article 9 of this regulation to the data present in a record , file or alert registered in the vis , the schengen information system , the entry / exit system , the european travel information and authorisation system , including the watchlist referred to in article 29 of regulation 2018 / xx for the purposes of establishing a european travel information and authorisation system ] , the eurodac , [ the ecris - tcn system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned ] , the europol data , the interpol stolen and lost travel document database and the interpol travel documents associated with notices database . ### for the purpose of the verifications provided for in article 21 and article 21 , and of regulation no 810 / 2009 , the vis shall launch a query by using the european search portal defined in article 6 [ of the interoperability regulation ] to compare the data referred to in point article 9 of this regulation to the data present in a record , file or alert registered in the vis , the schengen information system , the entry / exit system , the european travel information and authorisation system , including the watchlist referred to in article 29 of regulation 2018 / xx for the purposes of establishing a european travel information and authorisation system ] , the europol data , the interpol stolen and lost travel document database and the interpol travel documents associated with notices database .


### as regards third country nationals who are members of the family of a union citizen to whom directive 2004 / 38 / ec applies or of a national of a third country enjoying the right of free movement equivalent to that of union citizens under an agreement between the union and its member states , on the one hand , and a third country , on the other , the automated checks in article 9a shall be carried our solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the member states poses a risk to security or high epidemic risk in accordance with directive 2004 / 38 / ec . ### as regards third country nationals who are members of the family of a union citizen to whom directive 2004 / 38 / ec applies or of a national of a third country enjoying the right of free movement equivalent to that of union citizens under an agreement between the union and its member states , on the one hand , and a third country , on the other , the automated checks in article 9a shall be carried our solely for the purpose of checking that there are no factual indications or reasonable grounds based on factual indications to conclude that the presence of the person on the territory of the member states poses a risk to security in accordance with directive 2004 / 38 / ec . the automated check shall not unduly and disproportionately affect the issuance of an entry visa .


### where the data correspond to or where doubts remain concerning the identity of the applicant , the central visa authority processing the application shall inform the central authority of the other member state , which were identified as having entered or supplied the data that triggered the hit pursuant to article 9a . where one or more member states were identified as having entered or supplied the data that triggered such hit , the central authority shall consult the central authorities of the other member state using the procedure set out in article 16 . ### where the data correspond to or where doubts remain concerning the identity of the applicant , in justified cases the central visa authority processing the application shall inform the central authority of the other member state , which were identified as having entered or supplied the data that triggered the hit pursuant to article 9a . where one or more member states were identified as having entered or supplied the data that triggered such hit , the central authority shall consult the central authorities of the other member state using the procedure set out in article 16 .


### when the application file is updated pursuant to paragraphs 1 and 2 , the vis shall send a notification to the member state that issued the visa , informing of the decision to annul or revoke that visa . such notification shall be generated automatically by the central system and transmitted via the mechanism provided in article 16 . ### when the application file is updated pursuant to paragraphs 1 and 2 , the vis shall send a notification to the member state that issued the visa , informing of the motivated decision to annul or revoke that visa . such notification shall be generated automatically by the central system and transmitted via the mechanism provided in article 16 .


### fingerprint data stored in the vis may be used for the purpose of entering an alert on missing persons in accordance with article 32 of regulation &#8230 ; of the european parliament and of the council* [ regulation on the establishment , operation and use of the schengen information system in the field of police cooperation and judicial cooperation in criminal matters ] . in those cases , the exchange of fingerprint data shall take place via secured means to the sirene bureau of the member state owning the data . ### fingerprint data stored in the vis may be used for the purpose of entering an alert on missing persons , in particular children , in accordance with article 32 of regulation &#8230 ; of the european parliament and of the council* [ regulation on the establishment , operation and use of the schengen information system in the field of police cooperation and judicial cooperation in criminal matters ] . in those cases , the exchange of fingerprint data shall take place via secured means to the sirene bureau of the member state owning the data .


### where , before expiry of the period referred to in article 23 , an applicant has acquired the nationality of a member state , the application files , the files and the links referred to in article 8 and , article 22a relating to him or her shall be erased without delay from the vis by the member state which created the respective application file and links . ; ### where , before expiry of the period referred to in article 23 , an applicant has acquired the nationality of a member state , the application files , the files and the links referred to in article 8 and , relating to him or her shall be erased without delay from the vis by the member state which created the respective application file and links .


### data pursuant to articles 9 , 22c and 22d and article 6 may only be sent to the vis following a quality check performed by the responsible national authorities ; ### data pursuant to articles 9 , and may only be sent to the vis following a quality check performed by the responsible national authorities ;


### the automated procedures pursuant to article 9 and 22b may be triggered by the vis only following a quality check performed by the vis pursuant to this article ; should these checks fail to meet the established quality criteria , the responsible authority shall be automatically notified by the vis ; ### the automated procedures pursuant to article 9 may be triggered by the vis only following a quality check performed by the vis pursuant to this article ; should these checks fail to meet the established quality criteria , the responsible authority shall be automatically notified by the vis ;


### each member state , the european border and coast guard agency and the management authority shall keep logs of all data processing operations within the vis . these logs shall show the purpose of access referred to in article 6 , article 20a , article 22k and articles 15 to 22 and 22g to 22j , the date and time , the type of data transmitted as referred to in articles 9 to 14 , the type of data used for interrogation as referred to in article 15 , article 18 , article 19 , article 20 , article 21 , article 22 , article 22g , article 22h , article 22i , article 22j , article 45a , and article 45d and the name of the authority entering or retrieving the data . in addition , each member state shall keep logs of the staff duly authorised to enter or retrieve the data . ### each member state , the european border and coast guard agency and the management authority shall keep logs of all data processing operations within the vis . these logs shall show the purpose of access referred to in article 6 , article 20a , article 22k and articles 15 to 22 , the date and time , the type of data transmitted as referred to in articles 9 to 14 , the type of data used for interrogation as referred to in article 15 , article 18 , article 19 , article 20 , article 21 , article 22 , article 45a , and article 45d and the name of the authority entering or retrieving the data . in addition , each member state shall keep logs of the staff duly authorised to enter or retrieve the data .


### the existence of the right of access to data relating to them , and the right to request that inaccurate data relating to them be corrected or that unlawfully processed data relating to them be deleted , including the right to receive information on the procedures for exercising those rights and the contact details of the national supervisory authorities referred to in article 41 , which shall hear claims concerning the protection of personal data . ### in paragraph 1 , point f is amended as follows : ' the existence of the right of access to data relating to them , and the right to request that inaccurate data relating to them be corrected or that unlawfully processed data relating to them be deleted , including the right to receive information on the procedures for exercising those rights , as laid down in article 47 of the [ interoperability regulation , borders and visa ] , and about the contact details of the european data protection supervisor and of the national supervisory authority of the member state responsible for the collection of the data referred to in article 41 , which shall hear claims concerning the protection of personal data . '


### chapter iiia ### deleted


### where it is technically impossible to proceed with the consultation query referred to in article 45b , because of a failure of any part of the vis or for other reasons beyond the carriers ' control , the carriers shall be exempted of the obligation to verify the possession of a valid visa or travel document by using the carrier gateway . where such failure is detected by the management authority , it shall notify the carriers . it shall also notify the carriers when the failure is remedied . where such failure is detected by the carriers , they may notify the management authority . ### where it is technically impossible to proceed with the consultation query referred to in article 45b , because of a failure of any part of the vis or for other reasons beyond the carriers ' control , including because of the small size of the company , the carriers shall be exempted of the obligation to verify the possession of a valid visa or travel document by using the carrier gateway . where such failure is detected by the management authority , it shall notify the carriers . it shall also notify the carriers when the failure is remedied . where such failure is detected by the carriers , they may notify the management authority .


### third country nationals and the persons referred to in articles 9 , 22c or 22d shall be informed of the following by the member state responsible : ; ### without prejudice to the right to information referred to in articles 11 and 12 of regulation 45 / 2001 , articles 13 and 14 of regulation 2016 / 679 , and article 13 of directive 2016 / 680 , third country nationals and the persons referred to in article 9 shall be informed of the following by the member state responsible :


### the information referred to in paragraph 1 shall be provided in writing to the third country national when the data , the photograph and the fingerprint data as referred to in points , and of article 9 , article 22c and article 22d to are collected , and where necessary , orally , in a language and manner that the data subject understands or is reasonably presumed to understand . children must be informed in an age - appropriate manner , using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting procedure . ; ### the information referred to in paragraph 1 shall be provided in writing to the third country national in a concise , intelligible and easily accessible form , and , where applicable , in a transparent form , pursuant to the gdpr and the police directive , when the data , the photograph and the fingerprint data as referred to in points , and of article 9 are collected , and where necessary , orally , in a language and manner that the data subject understands or is reasonably presumed to understand . children must be informed in an age - appropriate manner , using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting procedure .


### if the request as provided for in paragraph 2 is made to a member state other than the member state responsible , the authorities of the member state with which the request was lodged shall contact the authorities of the member state responsible within a period of seven days . the member state responsible shall check the accuracy of the data and the lawfulness of their processing in the vis within a period of one month . ; ### if the request for access , correction or erasure of personal data , as provided for in paragraph 2 is made to a member state other than the member state responsible , the authorities of the member state with which the request was lodged shall contact the authorities of the member state responsible in writing within a period of seven days . the member state responsible shall check the accuracy of the data and the lawfulness of their processing in the vis without undue delay and in any event within a period of one month . the persons concerned shall be informed by the member state which contacted the authority of the member state responsible that his or her request was forwarded , to whom and about the further procedure . ' ;


### without prejudice to the obligation to provide other information in accordance with article 12 of directive 95 / 46 / ec , any person shall have the right to obtain communication of the data relating to him recorded in the vis and of the member state which transmitted them to the vis . such access to data may be granted only by a member state . each member state shall record any requests for such access . ### in article 38 , paragraph 1 is amended as follows : ' 1 . without prejudice to the right to information referred to in articles 11 and 12 of regulation 45 / 2001 , articles 13 and 14 of regulation 2016 / 679 , and article 13 of directive 2016 / 680 , any person shall have the right to obtain communication of the data relating to him recorded in the vis and of the member state which transmitted them to the vis . such access to data may be granted only by a member state . each member state shall record any requests for such access . the member state shall reply to such requests without delay and no later than within 30 days of receipt of the request” , in line with article 12 and of the gdpr . ’ '


### sex , date of birth and current nationality of the applicant ; ### sex , year of birth and current nationality of the applicant , this shall not lead to the identification of the person concerned ;


### the grounds indicated for any decision concerning the document or the application , only as regards short stay visas ; as regards long stay visas and residence permits , the decision concerning the application ; ### the grounds indicated for any decision concerning the visa document or the application , only as regards short stay visas ;


### the data entered in respect of any document withdrawn , annulled , revoked or whose validity is extended , as applicable ; ### the data entered in respect of any visa document withdrawn , annulled , revoked or whose validity is extended , as applicable ;


### in order to fulfil their obligation under point of article 26 of the convention implementing the schengen agreement , air carriers , sea carriers and international carriers transporting groups overland by coach shall send a query to the vis in order to verify whether or not third country nationals holding a short - stay visa , a long stay visa or a residence permit are in possession of a valid short stay visa , long stay visa or residence permit , as applicable . for this purpose , as regards short stay visas , carriers shall provide the data listed under points , and of article 9 of this regulation or under points , and of article 22c , as applicable . ### in order to fulfil their obligation under point of article 26 of the convention implementing the schengen agreement , air carriers , sea carriers and international carriers transporting groups overland by coach shall send a query to the vis in order to verify whether or not third country nationals holding a short - stay visa , a long stay visa or a residence permit are in possession of a valid short stay visa , long stay visa or residence permit , as applicable . for this purpose , as regards short stay visas , carriers shall provide the data listed under points , and of article 9 of this regulation as applicable .


### an authentication scheme , reserved exclusively for carriers , shall be set up in order to allow access to the carrier gateway for the purposes of paragraph 2 to the duly authorised members of the carriers ' staff . the authentication scheme shall be adopted by the commission by means of implementing acts in accordance with the examination procedure referred to in article 49 . ### an authentication scheme , reserved exclusively for carriers , shall be set up in order to allow access to the carrier gateway for the purposes of paragraph 2 to the duly authorised members of the carriers ' staff . the authentication scheme shall be adopted by the commission by means of implementing acts in accordance with the examination procedure referred to in article 49 . the carrier gateway shall be designed in a manner to avoid that data entry mistakes are flagged as ‘ not ok’ . the carriers shall provide information to passengers refused boarding due to a ‘ not ok’ response , indicating also how to exercise their rights referred in articles 37 and 38 .


### monitoring and evaluation ### monitoring and evaluation of impact on fundamental rights


### the management authority shall ensure that procedures are in place to monitor the functioning of the vis against objectives relating to output , cost - effectiveness , security and quality of service . ### the management authority shall ensure that procedures are in place to monitor the functioning of the vis against objectives relating to output , cost - effectiveness , security and quality of service , as well as to monitor that the right of protection of personal data , the right to non - discrimination , the rights of the child and the right to effective remedy are ensured .


### every four years , the commission shall produce an overall evaluation of the vis . this overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council . ### every four years , the commission shall produce an overall evaluation of the vis . this overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale , and its impact on fundamental rights , the application of this regulation in respect of the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council .


### every four years , the commission shall produce an overall evaluation of the vis . this overall evaluation shall include an examination of results achieved against objectives and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council . ### every two years , the commission shall produce an overall evaluation of the vis . this overall evaluation shall include an examination of results achieved against objectives and costs sustained and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of the vis , the security of the vis , the use made of the provisions referred to in article 31 and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council .


### member states shall designate the authorities which are entitled to consult the data stored in the vis in order to prevent , detect and investigate terrorist offences or other serious criminal offences . ### member states shall designate the authorities which are entitled to consult the data stored in the vis in order to prevent , detect and investigate terrorist offences or other serious criminal offences . the authorities shall only be allowed to consult data of children below 12 to protect missing children and children who are victims of serious crimes .


### the central access point shall act independently when performing its tasks under this regulation and shall not receive instructions from the europol designated authority referred to in paragraph 1 as regards the outcome of the verification . ### the central access point shall act fully independently when performing its tasks under this regulation and shall not receive instructions from the europol designated authority referred to in paragraph 1 as regards the outcome of the verification which it shall perform independently .


### by derogation from article 22n , designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the vis for the purpose of identification of persons who had gone missing , abducted or identified as victims of trafficking in human beings and in respect of whom there are reasonable grounds to consider that consultation of vis data will support their identification , and / or contribute in investigating specific cases of human trafficking . in such circumstances , the designated authorities may search in the vis with the fingerprints of those persons . ### by derogation from article 22n , designated authorities shall not be obliged to fulfil the conditions laid down in that paragraph to access the vis for the purpose of identification of persons , particularly children who had gone missing , abducted or identified as victims of trafficking in human beings and in respect of whom there are reasonable grounds to consider that consultation of vis data will support their identification . in such circumstances , the designated authorities may search in the vis with the fingerprints of those persons .


### the data referred to in article 9 , and , article 9 and , article 22c to , and , article 22d , , , and of regulation no 767 / 2008 ; ### the data referred to in article 9 , article 9 and of regulation no 767 / 2008 ;


### the right to a fair trial is one of the basic principles in a democratic society . the right of an accused person to be present at the trial is based on that right and should be guaranteed throughout the union . ### the right to a fair trial is one of the basic principles in a democratic society , as enshrined in article 47 of the charter of fundamental rights of the european union and article 6 of the european convention for the protection of human rights and fundamental freedoms . the right of an accused person to be present at the trial is based on that right and should be guaranteed throughout the union .


### however , the right of the accused person to be present at the trial is not absolute . under certain conditions the accused person may , expressly or tacitly but unequivocally , waive that right . ### however , under certain conditions the accused person may , expressly or tacitly but unequivocally , waive the right to be present at the trial .


### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . an effective remedy available in the event of a breach of any of the principles laid down in this directive should have , as far as possible , the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred . ### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law , including a right to appeal . an effective remedy available in the event of a breach of any of the principles laid down in this directive should have the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred .


### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law . ### member states shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law , with a final decision .


### member states shall promptly inform the suspect or accused persons of their right to remain silent , and explain the content of this right and the consequences of renouncing or invoking it . ### member states shall promptly inform the suspect or accused persons of their right to remain silent , and explain the content of this right and the legal consequences of renouncing or invoking it . this information must , however , be provided before any questioning begins .


### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed . ### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case – with the opportunity to secure new evidence and , if appropriate , to call the previous evidence into question through cross - examination – and which may lead to the original decision to be reversed .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### guaranteeing permanent access to online content services for consumers throughout the european union based on subscriptions contracted in the member state of residence is an important element for the completion of the single market and the effective enforcement of the principles of free movement of persons and services . consumers should be able to use online services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union for purposes such as business or leisure travel , periods of study . therefore , barriers that hamper access and use of such online content services cross borders should be eliminated .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union for purposes such as holidays , travel or business trips . therefore , barriers that hamper temporary access and use of such online content services cross border should be eliminated .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their member state of residence but also when they are temporarily present in another member state of the union . in regard to this , ensuring that european cultural and linguistic diversity is protected and promoted , through the adaptation and strengthening of and compliance with rules on copyright and related rights as a legal framework for the european cultural and creative industry and the basis for its ability to generate business , competitiveness , employment , creativity and innovation , is crucial .


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . nonetheless , territorial licences play a key role in the financing and production of cultural content adapted to suit the different markets in the union , especially in the audiovisual and film sphere , making a decisive contribution to european cultural diversity .


### therefore , increasingly , online content services are marketed in a package in which content which is not protected by copyright and / or related rights is not separable from content which is protected by copyright and / or related rights without substantially lessening the value of the service provided to consumers . this is especially the case with premium content such as sporting or other events of significant interest to consumers . in order to enable service providers to deliver to consumers full access to their online content services , it is indispensable that this regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of directive 2010 / 13 / eu as well as to transmissions of broadcasting organisations in their entirety . ### therefore , increasingly , online content services are marketed in a package in which content which is not protected by copyright and / or related rights is not separable from content which is protected by copyright and / or related rights without substantially lessening the value of the service provided to consumers . this is especially the case with premium content such as sporting or other events of significant interest to consumers . in order to enable service providers to deliver to consumers , who are temporarily present in a member states other than their member state of residence , full access to their online content services , it is indispensable that this regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of directive 2010 / 13 / eu as well as to transmissions of broadcasting organisations in their entirety . in this regard , it is crucial to fulfil the commitment to achieve the target of minimum download speeds of 30 mbps or more for all and 50% of the eu to be subscribed to broadband above 100 mbps by 2020 .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore , the objective of this regulation is to provide a legal framework for the provision of online content services based on a robust enforcement mechanism underpinning a legal fiction designed to permit portability of online content services to consumers who are temporarily present in a member state other than that of residence without additional costs .


### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders . ### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders , except for services which aim to facilitate access to culture and remove digital barriers for persons with disabilities .


### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation . ### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state other than the member state of residence , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation .


### requiring that the delivery of online content services to subscribers temporarily present in member states other than their member state of residence be of the same quality as in the member state of residence could result in high costs for service providers and thus ultimately for subscribers . therefore , it is not appropriate for this regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another member state . in such cases the provider shall not be liable if the quality of delivery of the service is lower . nevertheless , if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other member states , the provider shall be bound by such agreement . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . requiring that the delivery of online content services to subscribers temporarily present in member states other than their member state of residence be of the same quality as in the member state of residence could result in high costs for service providers and thus ultimately for subscribers . therefore , whilst this regulation does not impose disproportionate requirements to guarantee the same quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another member state , the provider should explicitly and duly inform the subscriber on a durable medium about the quality of the delivery of an online content service in a member state other than that of residence and about clear technical settings preventing the service provider from guaranteeing identical quality standards in the country of temporary stay . in such cases the provider shall not be liable if the quality of delivery of the service is lower . this information should be regarded as material for the purposes of article 7 of directive 2005 / 29 / ec . moreover , if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other member states , the provider shall be bound by such agreement .


### service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the member state of their temporary presence . therefore clauses in contracts designed to prohibit or limit the cross - border portability of online content services should be unenforceable . ### service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the member state of their temporary presence . therefore clauses in contracts designed to prohibit or limit the portability of online content services across the union should be unenforceable .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable , not intrusive , proportionate and do not go beyond what is strictly necessary in order to achieve this purpose . to that effect , providers should rely on the verification means listed in this regulation . these means should also not constitute an excessive burden for subscribers .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers within the scope of this regulation should be obliged to make use of effective means in order to verify the member state of residence of their subscribers . to that effect , the providers should rely on the verification means listed in this regulation . providers and right holders should be allowed to enter into agreements on particular verification means , whether listed or not in this regulation . the use of such means should always be reasonable and should not go beyond what is necessary in order to achieve the purpose of establishing the member state of residence .


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . accordingly , this regulation should be interpreted and applied in accordance with those rights and principles , in particular the right to respect for private and family life , the right to protection of personal data , the freedom of expression and the freedom to conduct a business . any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directives 95 / 46 / ec27 and 2002 / 58 / ec28 . in particular , service providers must ensure that any processing of personal data under this regulation must be necessary and proportionate in order to achieve the relevant purpose . __________________ 27 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data oj l 281 , 23 . 11 . 1995 , p . 31–50 . 28 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , called , as amended by directives 2006 / 24 / ec and 2009 / 136 / ec , the ' e - privacy directive ' . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . accordingly , this regulation should be interpreted and applied in accordance with those rights and principles , in particular the right to respect for private and family life , the right to protection of personal data , the right to property , including intellectual property rights , the freedom of expression and the freedom to conduct a business . any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directives 95 / 46 / ec27 and 2002 / 58 / ec28 . in particular , service providers must ensure that any processing of personal data under this regulation must be necessary and proportionate in order to achieve the relevant purpose . __________________ 27 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data oj l 281 , 23 . 11 . 1995 , p . 31–50 . 28 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , called , as amended by directives 2006 / 24 / ec and 2009 / 136 / ec , the ' e - privacy directive ' .


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . accordingly , this regulation should be interpreted and applied in accordance with those rights and principles , in particular the right to respect for private and family life , the right to protection of personal data , the freedom of expression and the freedom to conduct a business . any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directives 95 / 46 / ec27 and 2002 / 58 / ec28 . in particular , service providers must ensure that any processing of personal data under this regulation must be necessary and proportionate in order to achieve the relevant purpose . __________________ 27 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data oj l 281 , 23 . 11 . 1995 , p . 31–50 . 28 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , called , as amended by directives 2006 / 24 / ec and 2009 / 136 / ec , the ' e - privacy directive ' . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . accordingly , this regulation should be interpreted and applied in accordance with those rights and principles , in particular the right to respect for private and family life , the right to protection of personal data , the freedom of expression , the freedom to conduct a business and the right to access to culture . any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directives 95 / 46 / ec27 and 2002 / 58 / ec28 . in particular , service providers must ensure that any processing of personal data under this regulation must be necessary and proportionate in order to achieve the relevant purpose . __________________ 27 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data oj l 281 , 23 . 11 . 1995 , p . 31–50 . 28 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , called , as amended by directives 2006 / 24 / ec and 2009 / 136 / ec , the ' e - privacy directive ' .


### the provider of an online content service shall enable a subscriber who is temporarily present in a member state to access and use the online content service . ### the provider of a portable online content service provided against payment of money shall enable a subscriber who is temporarily present in a member state to access and use the online content service available in his or her member state of residence without imposing additional costs .


### the provider of an online content service shall inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1 . ### however , the provider of an online content service shall duly inform the subscriber , on a durable medium , before the subscription of the contract or , for contracts subscribed before the date of application of this regulation , in due time before that date , of the quality of delivery of the online content service provided in accordance with paragraph 1 and of the conditions of portability set out in accordance with this regulation .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . in this ever - evoluting and mutating digital environment , the commission has to diligently investigate all possible measures to prevent every kind of illegal use of copyright protected visual and audiovisual contents , aiming at commercial purposes , through abusing embedding or framing techniques . in addition , this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning and fair marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts and of the accounting deriving from the exploitation of protected works according to those contracts . _________________ 26 com 626 final .


### this directive is based upon , and complements , the rules laid down in the directives currently in force in this area , in particular directive 96 / 9 / ec of the european parliament and of the council27 , directive 2001 / 29 / ec of the european parliament and of the council28 , directive 2006 / 115 / ec of the european parliament and of the council29 , directive 2009 / 24 / ec of the european parliament and of the council30 , directive 2012 / 28 / eu of the european parliament and of the council31 and directive 2014 / 26 / eu of the european parliament and of the council32 . _________________ 27 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 28 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society . 29 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property . 30 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs . 31 directive 2012 / 28 / eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works . 32 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market . ### this directive is based upon , and complements , the rules laid down in the directives currently in force in this area , in particular directive 96 / 9 / ec of the european parliament and of the council27 , directive 2000 / 31 / ec of the european parliament and of the council27a , directive 2001 / 29 / ec of the european parliament and of the council28 , directive 2006 / 115 / ec of the european parliament and of the council29 , directive 2009 / 24 / ec of the european parliament and of the council30 , directive 2012 / 28 / eu of the european parliament and of the council31 and directive 2014 / 26 / eu of the european parliament and of the council32 . _________________ 27 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 27a directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . 28 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society . 29 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property . 30 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs . 31 directive 2012 / 28 / eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works . 32 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market .


### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . ### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow the processing of large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that there is a need to clarify the legality of copies made for purposes of text and data mining in order to encourage innovation and discovery in all fields . without a mandatory exception applying throughoutthe union , all entities engaging in text and data mining , including research organisations such as universities and research institutes , are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . for text and data mining to occur one first needs to access information and then to reproduce that information . it is generally only after that information is normalised that its processing through text and data mining can occur . once there is lawful access to information , it is when that information is being normalised that a copyright protected use takes place since this leads to a reproduction by changing the format of the information itself or an extraction from a database into one that can be subjected to text and data mining . the copyright relevant processes in the use of text and data mining technology is consequently not the text and data mining process itself which consists of a reading and analysis of digitally stored normalised information , but the process of access and the process by which information is normalised to enable its automated computational analysis . the process of access to information be it works or other subject matter protected by copyright is already regulated in the copyright related acquis . in certain instances , text and data mining may involve works protected by copyright and / or by the sui generis database right . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright .


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of text and data mining technologies which are relevant far beyond the area of scientific research . moreover , where there is lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area and action lines envisaged in the european open science agenda will suffer unless steps are taken to address the legal uncertainty regarding text and data mining for all potential users . union law must acknowledge that text and data mining is increasingly used beyond formal research organisations and for purposes other than scientific research which nevertheless contribute to innovation , technology transfer and the public interest .


### in view of a potentially high number of access requests to and downloads of their works or other subject - matter , rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject - matter are hosted would be jeopardised . those measures should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exception . ### in view of a potentially high number of access requests to and downloads of works or other subject - matter , and in order to ensure reproducibility of research results , member states shall designate a facility to safely store datasets used for text and data mining .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become important sources of access to content online allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightsholders .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### evolution of digital technologies has led to the emergence of new business models and reinforced the role of the internet as the main marketplace for the distribution of and access to copyright - protected content . over the last years , the functioning of this marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used , as well as their possibilities to get an appropriate remuneration for it . the creative sector contributes significantly both economically and culturally to the strength of the union , and the importance of the sector has long been recognised by european union legislation including directive 2001 / 29 / ec , which aims to guarantee a framework wherein the exploitation of works and other protected subject - matter can take place . difficulties faced by rightholders when seeking to license their rights to certain online services and be remunerated for the online distribution of their works and subject matter risks undermining that aim . to uphold a high level of protection that enables the creative sectors to continue to contribute culturally and economically to the union it is necessary to ensure that legal certainty is provided both for rightholders and users of protected works and subject - matter and that rightholders are able to negotiate copyright licenses with user – uploaded content services that distribute their content .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers are in a weaker contractual position when they grant licences or transfer their rights , they need accurate information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts and subsequent transferees or licences , as well as their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . the reporting and transparency obligation should follow the work across all form of exploitation and across borders .


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements and standard reporting statements and procedures . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu , on the condition that member states have transposed directive 2014 / 26 / eu and taken all necessary measures to ensure that the management of all collective management organisations is carried out in a sound , prudent and appropriate manner . member states should also ensure that collective management organisations act in the best interest of the right holders whose rights they represent and regularly , diligently and accurately distribute and pay amounts due to rightholders and make public an annual transparency report , in full compliance with directive 2014 / 26 / eu .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , and authors and performers may not always be able to renegotiate them with their contractual counterparts or their successors in title . therefore , if , under the applicable law or practice in member states , authors and performers are not able to seek the modification or annulment of contracts for the exploitation of rights , member states shall provide for a remuneration adjustment mechanism in appropriate cases where the remuneration agreed under a licence or a transfer of rights has become strikingly disproportionate compared to the relevant unanticipated net revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . when assessing the disproportionality , the appropriate circumstances of each case , including the nature and significance of the contribution of the author or performer to the overall work or performance , should be taken into account . where the parties do not agree on the adjustment of the remuneration , the author or performer may be entitled to bring a claim before a court or other competent authority .


### any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable . ### any contractual provision or legal protection of technological measures contrary to the exception provided for in paragraph 1 shall be unenforceable .


### member states shall provide that when a collective management organisation , on behalf of its members , concludes a non - exclusive licence for non - commercial purposes with a cultural heritage institution for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , such a non - exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation , provided that : ### member states after consulting with rightholders and their representing organisations , cultural heritage institutions and other users , shall provide a legal mechanism enabling exclusive or non - exclusive licences for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , provided that :


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and no less than once a year and taking into account the specificities of each sector , timely , adequate , accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , accurate , timely , adequate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights , including subsequent transferees or licensees , notably as regards modes of promotion , exploitation , revenues generated and remuneration due .


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 , in particular regarding the possible application of an exception or an authorisation of use relating to the content concerned . such mechanisms shall not unreasonably prejudice the effectiveness of measures referred to in paragraph 1 .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers , or representatives they appoint , are entitled to request additional , equitable , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights , or their successor in title , when , it is duly justified to claim that the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances .


### the union shall make macro - financial assistance of a maximum amount of eur 200 million available to jordan , with a view to supporting jordan ' s economic stabilisation and a substantive reform agenda . the assistance shall contribute to covering jordan ' s balance of payments needs as identified in the imf programme . ### the union shall make macro - financial assistance of a maximum amount of eur 350 million available to jordan , with a view to supporting jordan ' s economic stabilisation and a substantive reform agenda . the assistance shall contribute to covering jordan ' s balance of payments needs as identified in the imf programme .


### where the conditions in paragraph 3 are continuously not met , the commission shall temporarily suspend or cancel the disbursement of the union’s macro - financial assistance . in such cases , it shall inform the european parliament and the council of the reasons for that suspension or cancellation . ### where the conditions in paragraph 3 are not met , the commission shall temporarily suspend or cancel the disbursement of the union’s macro - financial assistance . in such cases , it shall inform the european parliament and the council of the reasons for that suspension or cancellation .


### the european union is committed to building an energy union with a forward looking climate policy . energy efficiency is a crucial element of the european union ' s 2030 climate and energy policy framework and is key to moderate energy demand . ### the european union is committed to building an energy union with a forward looking climate policy . energy efficiency is a crucial element of the european union ' s 2030 climate and energy policy framework and is key to moderate energy demand and containment of greenhouse gas emissions .


### improving the efficiency of energy - related products through informed consumer choice benefits the union economy overall , drives innovation and will contribute to the achievement of the union ' s 2020 and 2030 energy efficiency targets . it will also allow consumers to save money . ### improving the efficiency of energy - related products through informed consumer choice benefits the union economy overall , drives innovation and will contribute to the achievement of the union ' s 2020 and 2030 energy efficiency targets and its environmental and climate action objectives . it will also allow consumers to save money by reducing household energy consumption .


### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where because of ecodesign measures under directive 2009 / 125 / ec products can no longer fall into classes ' f ' or ' g ' , those classes should not be shown on the label . for exceptional cases this should also be extended to the ' d ' and ' e ' classes , although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes . ### the provision of accurate , relevant and comparable information on the specific energy consumption of energy - related products facilitates the customer ' s choice in favour of those products which consume less energy and other essential resources during use . a standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy - related products . it should be supplemented with a product information sheet . the label should be easily recognisable , simple and concise . to this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products . a classification using letters from a to g has shown to be most effective for customers . in situations where , because of ecodesign measures under directive 2009 / 125 / ec , products can no longer fall into certain classes , those classes should be shown on the label using a distinct format and colour .


### it is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process . economic operators should be responsible for compliance in relation to their respective roles in the supply chain and should take appropriate measures to ensure that they only make available on the market products which are in conformity with this regulation and its delegated acts ### it is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process . economic operators should be responsible for compliance in relation to their respective roles in the supply chain and should take appropriate measures to ensure that they only make available on the market products which are in conformity with this regulation and its delegated acts . the supervisory authorities should carry out spot checks on energy product conformity with the requirements of this regulation .


### in order to ensure legal certainty , it is necessary to clarify that rules on union market surveillance and control of products entering the union market provided for in regulation no 765 / 2008 of the european parliament and of the councilapply to energy - related products . given the principle of free movement of goods , it is imperative that the market surveillance authorities of the member states cooperate with each other effectively . such cooperation on energy labelling should be reinforced through support by the commission . __________________ 21 oj l 218 , 13 . 8 . 2008 , p . 30 . ### in order to ensure legal certainty , it is necessary to clarify that rules on union market surveillance and control of products entering the union market provided for in regulation no 765 / 2008 of the european parliament and of the councilapply to energy - related products . given the principle of free movement of goods , it is imperative that the market surveillance authorities of the member states cooperate with each other effectively through ongoing exchanges of information , particularly regarding the outcome of product conformity assessments and the marketing or withdrawal from the market of certain products . such cooperation on energy labelling should be reinforced through support by the commission . __________________ 21 oj l 218 , 13 . 8 . 2008 , p . 30 .