Legal provisions of COM(2021)731 - Transparency and targeting of political advertising - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)731 - Transparency and targeting of political advertising. |
|---|---|
| document | COM(2021)731  |
| date | March 13, 2024 |
Contents
CHAPTER I - GENERAL PROVISIONS
Article 1
Subject matter and objectives
1. This Regulation lays down:
| (a) | harmonised rules, including transparency and related due diligence obligations, for the provision of political advertising and related services, and, where applicable, for sponsors, on the collection, retention, disclosure and publication of information related to the provision of such services in the internal market; |
| (b) | harmonised rules on the use of targeting techniques and ad-delivery techniques that involve the processing of personal data in the context of the provision of online political advertising; |
| (c) | rules on the supervision and enforcement of this Regulation, including as regards the cooperation and coordination between the competent authorities. |
2. Political opinions and other editorial content, regardless of the medium through which they are expressed, that are subject to editorial responsibility shall not be considered to be political advertising unless specific payment or other remuneration is provided for, or in connection with, their preparation, placement, promotion, publication, delivery or dissemination by third parties.
3. Political opinions that are expressed in a personal capacity shall not be considered to be political advertising.
4. The objectives of this Regulation are:
| (a) | to contribute to the proper functioning of the internal market for political advertising and related services; |
| (b) | to protect the fundamental rights and freedoms enshrined in the Charter of Fundamental Rights of the European Union, in particular the right to privacy and the protection of personal data. |
Article 2
Scope
1. This Regulation applies to political advertising where the political advertisement is disseminated in the Union, is brought into the public domain in one or several Member States or is directed to Union citizens, irrespective of the place of establishment of the provider of political advertising services or of the place of residence or establishment of the sponsor, and irrespective of the means used.
2. This Regulation shall not affect the content of political advertisements or Union or national rules that regulate aspects related to political advertising other than those covered by this Regulation, including the rules on the organisation, financing and conduct of political campaigns, the rules on general bans or limitations on political advertising during specified periods, and, where applicable, the rules on electoral periods.
3. This Regulation is without prejudice to the rules laid down in the following:
| (a) | Directive 2000/31/EC; |
| (b) | Directive 2002/58/EC; |
| (c) | Directive 2005/29/EC; |
| (d) | Directive 2006/114/EC; |
| (e) | Directive 2006/123/EC; |
| (f) | Directive 2010/13/EU; |
| (g) | Directive 2011/83/EU; |
| (h) | Regulation (EU) 2019/1150; |
| (i) | Regulation (EU) 2022/2065. |
Article 3
Definitions
For the purpose of this Regulation, the following definitions apply:
| (1) | ‘service’ means any self-employed economic activity, normally provided for remuneration, as referred to in Article 57 TFEU; |
| (2) | ‘political advertising’ means the preparation, placement, promotion, publication, delivery or dissemination, by any means, of a message, normally provided for remuneration or through in-house activities or as part of a political advertising campaign:
|
| (3) | ‘political advertisement’ means an instance of political advertising published, delivered or disseminated by any means; |
| (4) | ‘political actor’ means any of the following:
|
| (5) | ‘political advertising service’ means a service consisting of political advertising with the exception of an online ‘intermediary service’, as defined in Article 3, point (g), of Regulation (EU) 2022/2065, that is provided without consideration, for the preparation, placement, promotion, publication, delivery or dissemination for the specific message; |
| (6) | ‘provider of political advertising services’ means a natural or legal person engaging in the provision of political advertising services, with the exception of purely ancillary services; |
| (7) | ‘political advertising campaign’ means the preparation, placement, promotion, publication, delivery or dissemination of a series of linked political advertisements in the course of a contract for political advertising on the basis of common preparation, sponsorship or funding; |
| (8) | ‘very large online platform’ means an online platform designated as a very large online platform pursuant to Article 33(4) of Regulation (EU) 2022/2065; |
| (9) | ‘very large online search engine’ means an online search engine designated as a very large online search engine pursuant to Article 33(4) of Regulation (EU) 2022/2065; |
| (10) | ‘sponsor’ means the natural or legal person at whose request or on whose behalf a political advertisement is prepared, placed, promoted, published, delivered or disseminated; |
| (11) | ‘targeting techniques’ means techniques that are used to address a political advertisement only to a specific person or group of persons, or to exclude them, on the basis of the processing of personal data; |
| (12) | ‘ad-delivery techniques’ means optimisation techniques that are used to increase the circulation, reach or visibility of a political advertisement on the basis of the automated processing of personal data and that can serve to deliver the political advertisement to a specific person or group of persons only; |
| (13) | ‘political advertising publisher’ means a provider of political advertising service that publishes, delivers or disseminates political advertising through any medium; |
| (14) | ‘controller’ means a ‘controller’ as defined in Article 4, point 7, of Regulation (EU) 2016/679 or, where applicable, as defined in Article 3, point 8, of Regulation (EU) 2018/1725. |
Article 4
Internal Market principle
1. Member States shall not maintain or introduce, on grounds related to the transparency of political advertising, provisions or measures diverging from those laid down in this Regulation.
2. The provision of political advertising services shall not be prohibited or restricted, including geographically, on grounds related to transparency when the requirements of this Regulation are complied with.
Article 5
Provision of political advertising services in the Union
1. Providers of political advertising services shall not make the provision of their services subject to discriminatory restrictions solely based on the place of residence or establishment of the sponsor.
Providers of political advertising services shall not restrict the provision of their services to a ‘European political party’ as defined in Article 2, point 3, of Regulation (EU, Euratom) No 1141/2014, or a political group in the European Parliament, solely on the basis of its place of establishment.
2. Without prejudice to stricter national rules, in the last three months preceding an election or referendum organised at Union level or at national, regional or local level in a Member State, political advertising services pertaining to that election or referendum shall only be provided to a sponsor, or service provider acting on behalf of a sponsor, who declares itself to be:
| (a) | a citizen of the Union; or |
| (b) | a third-country national permanently residing in the Union and having a right to vote in that election or referendum in accordance with the national law of the Member State of residence; or |
| (c) | a legal person established in the Union which is not ultimately owned or controlled by a third-country national, with the exception of third-country nationals referred to in point (b), or by a legal person established in a third country. |
CHAPTER II - TRANSPARENCY AND DUE DILIGENCE OBLIGATIONS FOR POLITICAL ADVERTISING SERVICES
Article 6
Transparency and due diligence obligations for political advertising services
1. Political advertising services shall be provided in a transparent manner in accordance with the obligations laid down in this Article, Articles 7 to 17 and Article 21.
2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service enable compliance with the relevant provisions of this Regulation, including those relating to the allocation of responsibility and those relating to the completeness and accuracy of information.
Article 7
Identification of political advertising services
1. A provider of advertising services shall request sponsors, and providers of advertising services acting on behalf of sponsors, to declare whether the advertising service that they have requested the provider of advertising services to perform constitutes a political advertising service within the meaning of Article 3, point 5, and whether they fulfil any of the requirements under Article 5(2). Sponsors, and providers of advertising services acting on behalf of sponsors, shall make such declarations truthfully and shall be responsible for their accuracy.
2. Providers of political advertising services shall ensure that the contractual arrangements concluded for the provision of a political advertising service require the sponsor, or providers of advertising services acting on behalf of sponsors, to provide the declaration in accordance with paragraph 1 of this Article and the relevant information necessary to comply with Articles 9(1), 11(1) and 12(1). That information shall be transmitted in a complete and accurate manner and without undue delay.
3. Sponsors shall provide and ensure the accuracy of the information necessary for the providers of political advertising services to comply with Article 9(1), points (a), (d), (e) and (f), Article 11(1), points (a) to (d), and Article 12(1), points (a), (b), (c), (e), (h) and (k), before or during the period of publication, delivery, or dissemination of the political advertisement.
Where a sponsor, or a provider of advertising services acting on behalf of a sponsor, becomes aware that information which it has transmitted has changed, it shall ensure that updated information is transmitted to the relevant provider of political advertising services in a timely, complete and accurate manner.
Where a sponsor, or a provider of advertising services acting on behalf of a sponsor, becomes aware that any information transmitted to or published by the political advertising publisher is incomplete or inaccurate, it shall contact, without undue delay, the political advertising publisher concerned and shall transmit completed or corrected information to that political advertising publisher.
4. Providers of political advertising services shall require sponsors, or providers of advertising services acting on behalf of sponsors, who submit a declaration or information in accordance with this Article that is manifestly erroneous to correct that declaration or that information. Sponsors, or providers of advertising services acting on behalf of sponsors, shall make such corrections, which shall be complete and accurate, without undue delay.
5. Providers of political advertising services using an online interface shall ensure that that online interface is designed and organised in a way that facilitates compliance by sponsors, and providers of advertising services acting on behalf of sponsors, with their obligations as referred to in paragraph 1 of this Article and in Article 9(1).
Article 8
Identification of a political advertisement
1. For the purpose of determining whether a message constitutes political advertising within the meaning of Article 3, point 2, point (b), account shall be taken of all its features, including:
| (a) | the content of the message; |
| (b) | the sponsor of the message; |
| (c) | the language used to convey the message; |
| (d) | the context in which the message is conveyed, including the period of dissemination; |
| (e) | the means by which the message is prepared, placed, promoted, published, delivered or disseminated; |
| (f) | the target audience; |
| (g) | the objective of the message. |
2. The Commission shall draw up common guidance intended to contribute to the proper application of this Article.
Article 9
Record-keeping
1. Providers of political advertising services shall retain, to the extent necessary to comply with this Regulation, information they collect in the provision of their services on the following:
| (a) | the political advertisement or political advertising campaign to which the service or services are connected; |
| (b) | the specific service or services that they provided in connection with the political advertising; |
| (c) | the amounts they invoiced for the service or services that they provided, and the value of other benefits received in part or full exchange for the service or services provided; |
| (d) | information on the public or private origin of the amounts and other benefits referred to in point (c), as well as whether they originated from inside or outside of the Union; |
| (e) | the identity and the contact details of the sponsor of the political advertisement and, where applicable, of the entity ultimately controlling the sponsor and, for legal persons, their place of establishment; and |
| (f) | where applicable, an indication of the election, referendum, legislative or regulatory process to which the political advertisement is linked. |
2. Providers of political advertising services shall make reasonable efforts to ensure that the information retained pursuant to paragraph 1 is complete and accurate.
3. The information referred to in paragraph 1 shall be in written or in electronic form. Such information shall be retained in a machine-readable format for a period of seven years from the date of the last preparation, placement, promotion, publication, delivery or dissemination, as the case may be.
4. This Article shall not apply to micro-undertakings qualifying under Article 3(1) of Directive 2013/34/EU, if the provision of advertising services is purely marginal and ancillary to their main activities.
Article 10
Transmission of information to the political advertising publisher
1. Providers of political advertising services shall ensure that the information referred to in Article 9(1) is transmitted in a timely, complete and accurate manner to political advertising publishers to enable them to comply with their obligations under this Regulation.
Each provider of political advertising services shall transmit the information referred to in the first subparagraph during the provision of the relevant service and in accordance with best practice and industry standards and, where technically possible, by means of a standardised automated process.
When the political advertising publisher is the only provider of political advertising services, the sponsor shall transmit the relevant information to the political advertising publisher.
2. Where a provider of political advertising services becomes aware that information which it has transmitted has changed, it shall ensure that updated information is transmitted to the relevant political advertising publisher.
Article 11
Labelling and transparency requirements for each political advertisement
1. Political advertising publishers shall ensure that each political advertisement is made available together with the following information in a clear, salient and unambiguous way:
| (a) | a statement that it is a political advertisement; |
| (b) | the identity of the sponsor of the political advertisement and, where applicable, the entity ultimately controlling the sponsor; |
| (c) | where applicable, the election, referendum, legislative or regulatory process to which the political advertisement is linked; |
| (d) | where applicable, a statement to the effect that the political advertisement has been subject to targeting or ad-delivery techniques; |
| (e) | a transparency notice containing the information referred to in Article 12(1), or a clear indication of where it can be easily and directly retrieved. |
2. Political advertising publishers shall ensure the completeness of information referred to in paragraph 1. Political advertising publishers shall ensure the accuracy of the information on where the transparency notice referred to in paragraph 1, point (e), can be retrieved.
3. The information referred to in paragraph 1 shall be made available in the form of labels adapted to the medium used.
Those labels shall be prominent, shall enable individuals to easily identify a political advertisement as such, and shall remain in place in the event that the political advertisement is further disseminated.
4. By 10 July 2025, the Commission shall adopt implementing acts establishing the format and the template of the labels referred to in paragraph 3. Those implementing acts shall ensure that labels are adapted to the medium used, including for audiovisual and printed media as well as online and offline advertising, taking into account the particular characteristics of that medium, as well as the latest technological and market developments, relevant scientific research and best practices.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
5. Member States, including competent authorities, and the Commission shall encourage the drawing up of voluntary codes of conduct intended to contribute to the proper application of this Article, taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro, small and medium-sized undertakings qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
Article 12
Transparency notices
1. Political advertising publishers shall ensure that the transparency notice referred to in Article 11(1), point (e), includes the following information:
| (a) | the identity of the sponsor and, where applicable, of the entity ultimately controlling the sponsor, including their name, email address, and, where made public, their postal address, and, when the sponsor is not a natural person, the address where it has its place of establishment; |
| (b) | the information required under point (a) on the natural or legal person that provides remuneration in exchange for the political advertisement if this person is different from the sponsor or the entity ultimately controlling the sponsor; |
| (c) | the period during which the political advertisement is intended to be published, delivered or disseminated; |
| (d) | the aggregated amounts and the aggregated value of other benefits received by the providers of political advertising services, including those received by the publisher in part or full exchange for the political advertising services, and, where relevant, of the political advertising campaign; |
| (e) | information on public or private origin of the amounts and other benefits referred to in point (d) as well as whether they originate from inside or outside the Union; |
| (f) | the methodology used for the calculation of the amounts and value referred to in point (d); |
| (g) | where applicable, an indication of elections or referendums and legislative or regulatory processes with which the political advertisement is linked; |
| (h) | where the political advertisement is linked to specific elections or referendums, links to official information about the modalities for participation in the election or referendum concerned; |
| (i) | where applicable, links to the European repository for online political advertisements referred to in Article 13; |
| (j) | information on the mechanisms referred to in Article 15(1); |
| (k) | where applicable, whether a previous publication of the political advertisement or of an earlier version of it has been suspended or discontinued due to an infringement of this Regulation; |
| (l) | where applicable, a statement to the effect that the political advertisement has been subject to targeting techniques or ad-delivery techniques on the basis of the use of personal data, including information specified in Article 19(1), points (c) and (e); |
| (m) | where applicable and technically feasible, the reach of the political advertisement in terms of the number of views and of engagements with the political advertisement. |
2. Political advertising publishers shall ensure that the information referred to in paragraph 1 is complete.
Political advertising publishers shall ensure the accuracy of the information of paragraph 1, points (d), (f), (i), (j) and (m), before and during the period of publication, delivery, or dissemination of the political advertisement.
Where the provider of political advertising services becomes aware that any information transmitted to or published by the political advertising publisher is incomplete or inaccurate, it shall contact, without undue delay, the political advertising publisher concerned and shall transmit completed or corrected information to that political advertising publisher.
Where the political advertising publisher becomes aware by any means that the information referred to in Article 11(1) and paragraph 1 of this Article is incomplete or inaccurate, it shall make best efforts, including by contacting the sponsor or the providers of political advertising services, to complete or correct the information without undue delay.
Where the information cannot be completed or corrected without undue delay, the political advertising publisher shall not make the political advertisement available or shall without undue delay discontinue the publication, delivery or dissemination of the political advertisement.
The political advertising publisher shall without undue delay inform the sponsors or the providers of political advertising services concerned about any decisions under the fifth subparagraph of this paragraph.
3. Transparency notices shall be included in each political advertisement or be easily retrievable at all times during the period of publication of the political advertisement.
Transparency notices shall be kept up-to-date during the entire period of publication of the political advertisement, presented in a format which is easily accessible and, at least when the political advertisement is made available electronically, available in a machine-readable format. They shall be written in the language of the political advertisement. Political advertising publishers who offer services in the Union shall ensure that transparency notices comply with applicable accessibility requirements, including, when technically feasible, by making the information available via more than one sensory channel.
Transparency notices shall be clearly visible and user friendly, including through the use of plain language.
4. Political advertising publishers shall retain their transparency notices together with any modifications thereto for a period of seven years after the last publication of the political advertisement concerned.
5. Paragraph 4 of this Article shall not apply to micro-undertakings qualifying under Article 3(1) of Directive 2013/34/EU, provided that the provision of advertising services is purely marginal and ancillary to their main activities.
6. The Commission is empowered to adopt delegated acts in accordance with Article 28 to amend this Regulation by adding points to the list of points in paragraph 1 of this Article and by modifying paragraph 1, point (f), of this Article in the light of technological developments, market practices, relevant scientific research, developments in supervision by competent authorities and relevant guidance issued by competent bodies, provided that such an amendment is necessary for the wider context of the political advertisement and its aims to be understood.
7. By 10 July 2025, the Commission shall adopt implementing acts to establish the format of and provide technical specifications for the transparency notice to ensure that it is adapted to the medium used, including for audiovisual and printed media as well as online and offline advertising, taking into account the latest technological and market developments, relevant scientific research and best practices and the specific needs of micro, small and medium-sized undertakings qualifying under Article 3 (1), (2) and (3) of Directive 2013/34/EU.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Article 13
European repository for online political advertisements
1. The Commission shall establish and ensure, directly or by entrusting this responsibility to a management authority, the management of a European repository for online political advertisements (the ‘European repository’) which is a public repository for all online political advertisements published in the Union or directed to Union citizens or residents in the Union. That repository shall include:
| (a) | a functionality enabling public access to online political advertisements, together with the information provided by political advertising publishers referred to in Article 12(1) in respect of each online political advertisement from the moment of its first publication; the information shall be available in machine-readable format, shall allow for multicriteria queries and shall be publicly accessible via a single portal; |
| (b) | a hosting service that ensures the availability of online political advertising and the information published with it referred to in Article 12(1), for the entire period during which the political advertisement is presented and for seven years after the political advertisement was last presented; that hosting service, and access to the information hosted, shall respect and be without prejudice to any legal requirement for the removal of the political advertisement and of the information published with it; that hosting service shall be free of charge for the political advertising publishers that submit an online political advertisement to the European repository. |
2. Political advertising publishers that are very large online platforms and very large online search engines shall ensure that each political advertisement, together with the information referred to in Article 12(1) of this Regulation, is made available in a repository, as referred to in Article 39 of Regulation (EU) 2022/2065. In addition, those political advertising publishers shall enable access to that information through the European repository from the moment of publication and for the entire period during which they present the political advertisement and for seven years after the political advertisement was last presented on their online interfaces.
3. Where political advertising publishers remove or disable access to a specific political advertisement on the basis of an alleged illegality or of an incompatibility with their terms and conditions, they shall continue to provide access to the information required by Article 12(1) of this Regulation for the period referred to in Article 9(3) of this Regulation. This requirement is without prejudice to the requirements laid down in Article 9(2), point (a)(i), Article 17(3), points (a) to (e), and Article 39(3) of Regulation (EU) 2022/2065.
4. Political advertising publishers other than those referred to in paragraph 2 of this Article that publish political advertisements through an online service shall make each such political advertisement and the information required under Article 12(1) available in the European repository no later than 72 hours after the first publication of the political advertisement.
5. The Commission, or, as the case may be, the management authority referred to in paragraph 1, shall have no liability for the completeness and accuracy of the political advertising and the information published with it or its compliance with relevant Union or national law, and other applicable binding rules.
6. By 10 April 2026, the Commission shall adopt implementing acts in accordance with Article 29 to set out detailed arrangements for the provision of a common data structure, standardised metadata to facilitate the inclusion of political advertisements in the European repository and the indexation of political advertising by online search engines, standardised authentication, and a common application programming interface, with a view to enabling the aggregation of the information published online pursuant to this Regulation to be accessed through a single portal.
When adopting those implementing acts, the Commission shall take into account technological, market, and scientific developments, and shall aim to achieve the following objectives:
| (a) | to enable the information referred to in paragraphs 1, 2 and 3 to be publicly accessed via the European repository; |
| (b) | to allow easy public access to online transparency notices through the use of a common application programming interface that would enable the notices to be accessed and the relevant databases to be queried; |
| (c) | to support third-party and public access to transparency notices, including by enabling analysis of online transparency notices and their presentation through a user-friendly single portal and search services. |
Article 14
Periodic reporting on political advertising services
1. Political advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for the services provided, including on the use of targeting techniques and ad-delivery techniques, aggregated by campaign, attached to their management report within the meaning of Article 19 of Directive 2013/34/EU.
Political advertising publishers shall make the information referred to in the first subparagraph available to the competent authorities responsible for the auditing or supervision of political actors, where such authorities are established under national law.
2. Paragraph 1 of this Article shall not apply to micro, small or medium-sized undertakings qualifying under Article 3(1), (2) and (3) of Directive 2013/34/EU.
Article 15
Indicating possibly non-compliant political advertisements
1. Political advertising publishers shall have in place the necessary mechanisms to enable natural or legal persons to notify them if a particular political advertisement that they have published does not comply with this Regulation.
2. The mechanisms referred to in paragraph 1 shall be free of charge, user-friendly, and easy to access, including from the transparency notice. Where technically possible, those mechanisms shall allow notifications to be made in electronic form.
3. Those mechanisms shall facilitate the submission of precise and substantiated notifications to political advertising publishers to enable them to identify the non-compliance of the political advertisements in question with this Regulation. To that end, political advertising publishers shall take the necessary measures to enable and facilitate the submission of notifications containing all of the following elements:
| (a) | a substantiated explanation of the reasons why the natural or legal person submitting the notification alleges that the political advertisement in question does not comply with this Regulation; |
| (b) | information enabling the identification of the political advertisement; |
| (c) | the name and email address of the natural or legal person submitting the notification. |
4. Political advertising publishers shall without undue delay send a confirmation of receipt of the notification received pursuant to paragraph 1 to the natural or legal person who submitted it.
5. Political advertising publishers which are very large online platforms and very large online search engines shall without undue delay:
| (a) | examine and address the notifications received pursuant to paragraph 1 in a diligent, non-arbitrary and objective manner; |
| (b) | inform the natural or legal person which made the notification referred to in paragraph 1 of the follow-up given to it. |
6. Political advertising publishers that are not very large online platforms and very large online search engines shall without undue delay:
| (a) | make best efforts to examine and address the notifications received pursuant to paragraph 1, in a diligent, non-arbitrary and objective manner; |
| (b) | inform, at least upon request, the natural or legal persons which made the notification referred to in paragraph 1 of this Article of the follow-up given to it; political advertising publishers qualifying as micro-undertakings under Article 3(1) of Directive 2013/34/EU shall make best efforts to ensure their compliance with this point. |
7. In the last month preceding an election or a referendum, political advertising publishers shall process any notification they receive about a political advertisement linked to that election or referendum within 48 hours provided that the notification can be processed completely on the basis of the information included in the notification. Political advertising publishers qualifying as micro, small or medium-sized undertakings under Article 3(1), (2) and (3) of Directive 2013/34/EU shall make best efforts to process any notification that they receive about a political advertisement linked to that election or referendum without undue delay.
8. Political advertising publishers shall provide clear and user-friendly information on the possibilities for redress in respect of the political advertisement to which the notification relates and, where applicable, on the use of automated means for the processing of notifications.
9. Political advertising publishers shall without undue delay inform the sponsors or providers of political advertising services concerned of any measures they take following notifications made under this Article, that affect the availability or the presentation of the political advertisement concerned.
10. Political advertising publishers may respond to multiple notifications under paragraph 1 regarding the same advertisement or advertising campaign collectively, including by making use of automated tools or by making an announcement on their website referring to the notifications concerned.
11. The Commission, after consulting the network of national contact points referred to in Article 22(8), may issue guidelines to assist political advertising publishers in the application of this Article.
Article 16
Transmission of information to national competent authorities
1. To verify compliance with Articles 9, 11, 12 and 14, national competent authorities shall have the power to request that providers of political advertising services transmit any necessary information. The transmitted information shall be complete, accurate and trustworthy, and shall be provided in a clear, coherent, consolidated and intelligible format. Where technically possible, the information shall be transmitted in a standardised and machine-readable format.
2. The request referred to in paragraph 1 shall contain the following elements:
| (a) | a statement of reasons explaining the objective for which the information is requested, unless the request pursues the objective of the prevention, detection, investigation, and prosecution of criminal offences or serious administrative offences and unless disclosing the reasons for the request would jeopardise that objective; |
| (b) | information on the redress available to the relevant provider of political advertising services and to the sponsor of the political advertising service. |
3. Upon receipt of a request pursuant to paragraph 1 of this Article, providers of political advertising services shall, within two working days, acknowledge receipt of that request and inform the national competent authority of the steps taken to comply with it. The relevant provider of political advertising services shall provide the requested information within eight working days. However, providers of political advertising services qualifying as micro, small or medium-sized undertakings under Article 3(1), (2) and (3) of Directive 2013/34/EU shall make reasonable efforts to provide the requested information within 12 working days and thereafter, without undue delay.
4. By derogation from paragraph 3 of this Article, in the last month preceding an election or a referendum, providers of political advertising services shall provide the requested information that is in their possession without undue delay and no later than 48 hours. However, providers of political advertising services qualifying as micro or small undertakings under Article 3(1) and (2) of Directive 2013/34/EU shall provide the requested information that is in their possession without undue delay and where possible before the date of the election or referendum.
5. Providers of political advertising services shall designate a contact point for the interaction with competent national authorities. Providers of political advertising services qualifying as micro, small or medium-sized undertakings under Article 3(1), (2) and (3) of Directive 2013/34/EU may appoint an external natural person as contact point.
Article 17
Transmission of information to other interested entities
1. At the request of interested entities, providers of political advertising services shall transmit promptly and free of charge, and where technically possible in a machine-readable format, to those entities the information that those providers of political advertising services are required to have pursuant to Articles 9, 11 and 12.
2. Interested entities requesting the transmission of information pursuant to paragraph 1 shall be independent from commercial interests and shall fall in one or more of the following categories:
| (a) | vetted researchers in accordance with Article 40(8) of Regulation (EU) 2022/2065; |
| (b) | members of a civil society organisation whose statutory objectives are to protect and promote the public interest, authorised under national or Union law; |
| (c) | political actors; |
| (d) | national or international electoral observers recognised in a Member State; or |
| (e) | journalists. |
3. Following a request from an interested entity, the provider of political advertising services shall make best efforts to provide the requested information or a reasoned response under paragraph 5 as soon as possible and, at the latest, within one month.
4. When preparing the information to be provided pursuant to paragraph 1, the provider of political advertising services may aggregate the relevant amounts or place them in a range, to the extent necessary to protect its commercial legitimate interests.
5. Where requests pursuant to paragraph 1 are manifestly unclear, excessive or concern information not within the possession of the provider of political advertising services, that provider may refuse to provide the requested information. In such cases, the provider of political advertising services shall send a reasoned response to the interested entity making the request along with information on the possibilities for redress, including, where applicable, those that exist under Directive (EU) 2020/1828.
6. Where the processing of the requests pursuant to paragraph 1 entails significant costs, the provider of political advertising services may charge a reasonable and proportionate fee, which in any event shall not exceed the administrative costs of providing the information requested.
7. Providers of political advertising services shall bear the burden of demonstrating that a request is manifestly unclear, excessive or concerns information not in their possession, or that requests entail significant processing costs.
CHAPTER III - TARGETING AND AD DELIVERY OF ONLINE POLITICAL ADVERTISING
Article 18
Specific requirements related to targeting techniques and ad-delivery techniques in the context of online political advertising
1. Targeting techniques or ad-delivery techniques that involve the processing of personal data in the context of online political advertising shall be permitted only when the following conditions are fulfilled:
| (a) | the controller collected the personal data from the data subject; |
| (b) | the data subject has provided explicit consent within the meaning of Regulations (EU) 2016/679 and (EU) 2018/1725 to the processing of personal data separately for the purpose of political advertising; and |
| (c) | those techniques do not involve ‘profiling’ as defined in Article 4, point 4, of Regulation (EU) 2016/679 and in Article 3, point 5, of Regulation (EU) 2018/1725 using special categories of personal data referred to in Article 9(1) of Regulation (EU) 2016/679 and in Article 10(1) of Regulation (EU) 2018/1725. |
2. In the context of political advertising, targeting techniques or ad-delivery techniques that involve the processing of the personal data of a data subject that is known by the controller with reasonable certainty to be at least one year under the voting age established by national rules are prohibited. Compliance with the obligations set out in this paragraph shall not oblige the controller to process additional personal data in order to assess whether the data subject is one year under the voting age.
3. This Article shall not apply to communications of any political party, foundation, association or any other non-profit body, to their members and former members or to communications, such as newsletters, linked to their political activities, as long as those communications are solely based on subscription data and therefore strictly limited to their members, former members or subscribers and are based on personal data provided by them and do not involve processing of personal data to target or otherwise further select the recipients and the messages they receive.
4. For the purposes of implementing the requirements of Regulations (EU) 2016/679 and (EU) 2018/1725 on providing explicit consent, as well as on withdrawing it once given, controllers shall make sure that:
| (a) | the data subject is not requested to consent if he or she has already indicated by automated means that he or she does not consent to data processing for political advertising purposes, unless the request is justified by a substantial change of circumstances; |
| (b) | the data subject who does not give his or her consent is to be offered an equivalent alternative for using the online service without receiving political advertising. |
Article 19
Additional transparency requirements related to targeting techniques and ad-delivery techniques in the context of online political advertising
1. When using targeting techniques or ad-delivery techniques in the context of online political advertising involving the processing of personal data, controllers shall, in addition to other requirements laid down in this Regulation and to the requirements laid down in Regulations (EU) 2016/679 and (EU) 2018/1725, comply with the following requirements:
| (a) | adopt, implement and make publicly available an internal policy describing clearly and in plain language how such techniques are used, and retain such policy for a period of seven years from the last use of those techniques; |
| (b) | keep records on the use of such techniques, the relevant mechanisms and parameters used; |
| (c) | provide, together with the indication that it is a political advertisement, additional information necessary to allow the individual concerned to understand the logic involved and the main parameters of the techniques used, including whether an artificial intelligence system has been used to target or deliver the political advertisement and any additional analytical techniques, and including the following elements:
|
| (d) | prepare an internal annual risk assessment of the use of targeting techniques or ad-delivery techniques on the fundamental rights and freedoms, the results of which are to be made publicly available; |
| (e) | provide, together with the political advertisement unless it is included in the transparency notice required under Article 12(1) of this Regulation, a reference to effective means to support individuals exercise their rights under Regulations (EU) 2016/679 or (EU) 2018/1725, as applicable, in particular, a reference to individuals’ rights to amend personal data or withdraw consent as applicable, which is to include a link to an interface allowing for the exercise of such rights. |
2. Where the controller is different from the political advertising publisher, the controller shall ensure that the information referred to in paragraph 1, points (c) and (e), is communicated to the political advertising publisher to enable the political advertising publisher to comply with its obligations under this Regulation. The information shall be transmitted in a timely and accurate manner, in accordance with best practice and industry standards by means of a standardised automated process, where that is technically possible.
3. Providers of political advertising services shall, as necessary, transmit to the controllers the information necessary to comply with paragraphs 1 and 2.
4. Information to be provided in accordance with paragraph 1, points (c) and (e), and paragraphs 2 and 3 shall be presented in a format that is easily accessible and, where technically feasible, that is also machine-readable, clearly visible and user-friendly, including through the use of plain language.
5. The Commission is empowered to adopt delegated acts in accordance with Article 28 to amend this Regulation by adding points to the list of points in paragraph 1 of this Article in the light of technological developments, market practices, relevant scientific research, and developments in supervision by competent authorities and relevant guidance issued by competent bodies.
Article 20
Transmission of information concerning the targeting or ad delivery of online political advertisements to other interested entities
Controllers shall take appropriate measures to transmit to interested entities referred to in Article 17(2), at their request and free of charge, the information referred to in Article 19.
CHAPTER IV - SUPERVISION AND ENFORCEMENT
Article 21
Legal representative
1. A service provider that provides political advertising services in the Union but does not have an establishment in the Union shall designate, in writing, a natural or legal person as its legal representative in one of the Member States where that provider offers its services.
The designated legal representative shall register with the competent authority referred to in paragraph 4 in the Member State where it resides or it is established. For that purpose, service providers shall submit the name, postal address, email address and telephone number of their legal representative to that competent authority. The information submitted shall be accurate and in a machine-readable format and kept up to date.
2. The legal representative shall be responsible for ensuring compliance with the obligations under this Regulation and, without prejudice to the service provider’s liability and any legal proceedings that could be initiated against it, may be held liable for any non-compliance with the obligations under this Regulation. The legal representative shall be the addressee for all communications with the relevant service provider that are provided for in this Regulation. Any communication to that legal representative shall be deemed to be a communication to the represented service provider.
3. Service providers shall provide their legal representative with the necessary powers and sufficient resources to guarantee efficient and timely cooperation with the national competent authorities and, where relevant, the Commission, and to ensure compliance with their decisions.
4. Member States shall designate one national competent authority responsible for keeping publicly available and machine-readable online registers of all legal representatives registered on their territory under this Regulation. The national competent authority shall ensure that such information is easily accessible and that it is complete and regularly updated. Member States shall provide the links to the relevant websites to the Commission.
5. The Commission shall set up and maintain a publicly available portal linking to the websites provided by Member States pursuant to paragraph 4.
Article 22
Competent authorities and contact points
1. The supervisory authorities referred to in Article 51 of Regulation (EU) 2016/679 or the European Data Protection Supervisor referred to in Article 52 of Regulation (EU) 2018/1725 shall be competent to monitor the application of Articles 18 and 19 of this Regulation in their respective field of competence. Article 58 of Regulation (EU) 2016/679 and Article 58 of Regulation (EU) 2018/1725 shall apply mutatis mutandis. Chapter VII of Regulation (EU) 2016/679 shall apply for activities covered by Articles 18 and 19 of this Regulation.
2. The European Data Protection Board referred to in Article 68 of Regulation (EU) 2016/679 shall, on its own initiative or at the request of the Commission, prepare guidelines for the purpose of assisting the supervisory authorities referred to in Regulation (EU) 2016/679 in assessing compliance with the requirements of this Regulation.
3. Member States shall designate competent authorities to supervise the compliance of providers of intermediary services within the meaning of Regulation (EU) 2022/2065 with the obligations laid down in Articles 7 to 17 and 21 of this Regulation, where applicable. The competent authorities designated under Regulation (EU) 2022/2065 may also be one of the competent authorities designated to supervise the compliance of online intermediaries with the obligations laid down in Articles 7 to 17 and 21 of this Regulation. The Digital Services Coordinator referred to in Article 49 of Regulation (EU) 2022/2065 in each Member State shall be responsible for ensuring coordination at national level in respect of providers of ‘intermediary services’ as defined by Regulation (EU) 2022/2065. Articles 49, 58(1) to (4) and Article 60(1) of Regulation (EU) 2022/2065 shall be applicable for matters related to the application of this Regulation as regards providers of intermediary services. Article 51 of Regulation (EU) 2022/2065 shall apply mutatis mutandis as regards the powers of the competent authorities designated under this paragraph.
4. Each Member State shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this Regulation not referred to in paragraphs 1 and 3 of this Article. Those competent authorities may be different from those referred to in paragraphs 1 and 3 of this Article and may be the same as those referred to in Article 30 of Directive 2010/13/EU. Each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. Acting with full independence, it shall, effectively monitor and take the measures necessary and proportionate to ensure supervision, compliance and enforcement of this Regulation.
5. The competent authorities referred to in paragraph 4, when performing their tasks in relation to this Regulation, shall have the power to:
| (a) | request access to data, documents or any necessary information, in particular from the sponsor or the providers of political advertising services concerned, which the competent authorities are to use only for the purpose of monitoring and assessing compliance with this Regulation, in accordance with relevant legislation on the protection of personal data and the protection of confidential information; |
| (b) | issue warnings addressed to the providers of political advertising services regarding their non-compliance with the obligations under this Regulation; |
| (c) | order the cessation of infringements and require sponsors or providers of political advertising services to take the steps necessary to comply with this Regulation; |
| (d) | impose or request the imposition by a judicial authority of fines or financial penalties or other financial measures as appropriate; |
| (e) | where appropriate, impose a periodic penalty payment, or request a judicial authority in their Member State to do so; |
| (f) | where appropriate, impose remedies that are proportionate to the infringement and necessary to bring it effectively to an end or request a judicial authority in their Member State to do so; |
| (g) | publish a statement which identifies the legal and natural person(s) responsible for the infringement of an obligation laid down in this Regulation and the nature of that infringement; |
| (h) | carry out, or request a judicial authority to order or authorise, inspections of any premises that providers of political advertising services use for purposes related to their trade, business, craft or profession, or request other public authorities to do so, in order to examine, seize, take or obtain copies or extracts of information in any form, irrespective of the storage medium. |
6. Member States shall ensure that national competent authorities have all means necessary to carry out their tasks under this Regulation, including sufficient technical, financial and human resources to adequately supervise compliance of sponsors and providers of political advertising services, within their competence under this Regulation.
7. Member States shall ensure that there is effective and structured cooperation and coordination at national level among all relevant authorities referred to in paragraphs 1 to 4, so as to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks and powers pursuant to this Regulation, including by notifying detected infringements which are relevant for other authorities, sharing findings and expertise, and liaising on the application and enforcement of relevant rules.
8. The national contact points designated by Member States pursuant to the second subparagraph of paragraph 9 shall meet periodically at Union level in the network of national contact points. The network of national contact points shall serve as a platform for regular exchange of information, best practices and structured cooperation between national contact points and the Commission on all aspects of this Regulation. In particular, the network of national contact points shall facilitate the cooperation at Union level regarding the application and enforcement of this Regulation and shall facilitate the preparation, in cooperation with relevant stakeholders, of guidelines to support sponsors and providers of political advertising services to comply with the requirements of this Regulation. The network of national contact points shall meet at least twice a year and, where necessary, at the duly justified request of the Commission or a Member State. It shall work in close cooperation with the European Cooperation Network on Elections, European Regulators Group for Audiovisual Media Services and other relevant networks or bodies, to facilitate the swift and secured exchange of information on issues connected to the supervision and enforcement of this Regulation. The Commission shall take part in the meetings of the network of national contact points and provide administrative support.
9. Where a Member State designates more than one competent authority, it shall ensure that the respective tasks of those authorities are clearly defined and that they cooperate closely and effectively when performing their tasks.
Each Member State shall designate one competent authority as a national contact point at Union level for the purposes of all aspects of this Regulation.
National contact points shall support and facilitate effective cooperation between national competent authorities and with the national contact points of other Member States. Member States shall make publicly available the contact details of their national contact points. Member States concerned shall where relevant communicate the name of the other competent authorities and their respective tasks to the network of national contact points.
Article 23
Cross-border cooperation
1. Compliance with this Regulation by providers of political advertising services and sponsors shall be subject to the competence of the Member State where the provider has its establishment. In the event that the provider is established in more than one Member State, it shall be deemed to be under the jurisdiction of the Member State in which it has its main establishment.
2. Without prejudice to Article 22(1) and (2) and paragraph 1 of this Article, the competent authority or authorities of all Member States shall cooperate with and assist each other as necessary.
3. A competent authority shall, upon receipt of a justified request from another competent authority, provide the other competent authority, without undue delay and no later than one month after receiving the request, with assistance so that the supervision or enforcement measures referred to in Article 22(5) can be implemented in an effective, efficient and consistent manner. A competent authority shall, upon receipt of a reasoned request for information from the competent authority of another Member State, via the national contact points referred to in Article 22(9), provide that competent authority with the required information without undue delay and no later than 14 days after receiving the request. That deadline may be extended to one month in cases requiring additional investigation or information from multiple competent authorities.
4. Where a national competent authority of a Member State has reason to suspect that this Regulation has been infringed in its territory, it shall notify the competent authority of the main establishment of the provider and request it, where appropriate, to assess the matter and to take the necessary investigatory and enforcement measures referred to in paragraph 7.
5. A notification pursuant to paragraph 4 shall be substantiated, duly reasoned and proportionate and at least indicate:
| (a) | the information allowing the identification of the sponsor or provider of political advertising services; |
| (b) | a description of the relevant facts, the relevant provisions of this Regulation and the reasons why the notifying competent authority suspects an infringement of this Regulation, including, as relevant, a description of the circumstances allowing the assessment of the criteria set out in Article 25(4); |
| (c) | information on where the relevant political advertisement or a copy of it can be retrieved; |
| (d) | any other information that the notifying competent authority considers relevant, including, where appropriate, information gathered on its own initiative. |
6. Where the competent authority of main establishment does not have sufficient information to act upon a notification received pursuant to paragraph 4, it may request additional information from the competent authority that made the notification. When it receives such a request, the competent authority shall provide the requested information without undue delay.
The time period laid down in paragraph 7 shall be suspended until that additional information is provided.
7. The competent authority of main establishment shall, without undue delay and no later than one month following receipt of the notification referred to in paragraph 4 or, where applicable, of the information referred to in paragraph 6, communicate to the competent authority that made the notification and to the network of national contact points its assessment of the suspected infringement and information on the investigatory or enforcement measures taken, or intended to be taken, in order to ensure compliance with this Regulation.
8. Where the investigation of an alleged infringement concerns the provision of political advertising services in one or more Member States in which the provider of political advertising services does not have its main establishment, the competent authority of main establishment may launch and lead a joint investigation with the participation of the competent authority or authorities of those Member States:
| (a) | on its own initiative and after obtaining the agreement of the competent authority or authorities requested; or |
| (b) | following a request by another competent authority, or authorities, based on its reasonable suspicion that the political advertising services performed by the provider of political advertising services established in the Member State of the main establishment has infringed this Regulation or substantially affected individuals in the territory of the competent authority or authorities making the request. |
9. For the purposes of paragraph 8 the competent authority requesting the launch of a joint investigation shall provide the other competent authority or authorities with the information referred to in paragraph 5. If a competent authority decides not to participate in a joint investigation, it shall provide to the other competent authority or authorities with a reasoned explanation to that effect.
10. In carrying out a joint investigation, competent authorities shall cooperate in good faith, and exercise their investigative powers as necessary for the investigation of the alleged infringement. Competent authorities carrying out a joint investigation shall inform each other of any relevant enforcement measure which they initiate or intend to initiate.
Article 24
Right to lodge a complaint
Without prejudice to other administrative procedures or judicial remedies, competent authorities shall duly address every notification of possible infringements of this Regulation and, upon request, inform the person or entity who made the notification of the follow up. During the last month preceding elections or referendums, any notification received in relation to those elections or referendums shall be addressed without undue delay.
Competent authorities shall without undue delay transmit complaints that fall within the competence of another competent authority in another Member State to that competent authority.
Article 25
Sanctions
1. Member States shall lay down rules on sanctions or other measures as needed applicable to sponsors or providers of political advertising services for infringements of Articles 5 to 17, 20 and 21 and shall take all measures necessary to ensure that they are implemented in a timely manner.
The sanctions provided for shall be effective, proportionate and dissuasive. In setting out the rules on sanctions, Member States shall take into account the rules governing the freedom of the press and freedom of expression in other media and the rules or codes governing the journalist profession.
2. The maximum amount of the financial penalties that may be imposed shall be based on the economic capacity of the entity subject to sanctions, which shall be:
| (a) | 6 % of the annual income or budget of the sponsor or of the provider of political advertising services as applicable and whichever is the highest; or |
| (b) | 6 % of the annual worldwide turnover of the sponsor or the provider of political advertising services in the preceding financial year. |
3. Member States shall, by 10 January 2026, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them.
4. When deciding on the type of sanction and its level, due regard shall be given in each individual case, among others, to the following:
| (a) | the nature, gravity, recurrence and duration of the infringement; |
| (b) | the intentional or negligent character of the infringement; |
| (c) | any action taken to mitigate any damage; |
| (d) | any relevant previous infringements and any other aggravating or mitigating factor applicable to the circumstances of the case; |
| (e) | the degree of cooperation with the competent authority; and |
| (f) | the size and economic capacity of the entity subject to sanctions, where applicable. |
5. Infringements of Articles 5, 7, 11, 12, 13, 15, 16 and 18 shall be considered to be particularly serious where they concern political advertising published or disseminated during the last month preceding an election or referendum and are directed to citizens in the Member State in which the relevant election or referendum is being organised. Member States may also impose periodic penalty payments to compel sponsors, providers of political advertising services and political advertising publishers to put an end to a serious and repeated infringement of this Regulation.
6. For infringements of the obligations laid down in Articles 18 and 19 of this Regulation, the supervisory authorities referred to in Article 51 of the Regulation (EU) 2016/679 may within their competence impose fines in line with Article 83 of Regulation (EU) 2016/679 and up to the amount referred to in Article 83(5) of that Regulation.
7. For infringements of the obligations laid down in Articles 18 and 19 of this Regulation, the European Data Protection Supervisor referred to in Article 52 of Regulation (EU) 2018/1725 may impose within its competence fines in line with Article 66 of Regulation (EU) 2018/1725 up to the amount referred to in Article 66 (3) of that Regulation.
8. Member States shall report annually to the Commission on the sanctions imposed to enforce the provisions of this Regulation, in particular on the type of sanctions applied and the amount of the fines and financial penalties. The Commission shall take into account this information when drawing up the report required under Article 27.
Article 26
Publication of dates of elections and referendums
1. Member States shall publish the dates of their elections and referendums and, where applicable, of their electoral periods, in an easily accessible place, and with an appropriate reference to this Regulation.
2. The Commission shall provide a portal through which Member States shall provide, immediately after announcement, the dates of their elections, referendums and where applicable their electoral periods. The portal shall be publicly available.
CHAPTER V - FINAL PROVISIONS
Article 27
Evaluation and review
Within two years after each election to the European Parliament, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. That report shall be made public and shall assess the need for amendment to this Regulation, in particular with regard to:
| (a) | the scope of this Regulation and the definition of political advertising in Article 3, point 2; |
| (b) | the effectiveness of this Regulation as regards specific means of political advertising; |
| (c) | the effectiveness of the transparency measures, especially the declaration and mechanisms to identify the political nature of an advertising service or of an advertisement as provided for in Articles 7 and 8; |
| (d) | the effectiveness of the rules restricting the processing of personal data for the purposes of the targeting techniques and ad-delivery techniques; |
| (e) | the effectiveness of the supervision and enforcement structure, as well as the type and amount of sanctions imposed by the Member States; |
| (f) | the impact of this Regulation on media actors qualifying under Article 3 (1), (2) and (3) of Directive 2013/34/EU as micro, small and medium-sized undertakings; |
| (g) | the effectiveness of this Regulation in view of technological, scientific and other developments; |
| (h) | the way in which this Regulation interacts with the Union legal acts referred to in Article 2(3); |
| (i) | the progress made in establishing the European repository and its subsequent functioning. |
Article 28
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 12(6) and Article 19(5) shall be conferred on the Commission for a period of four years from the 9 April 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the four-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.
3. The delegation of power referred to in Article 12(6) and Article 19(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify that act simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 12(6) or Article 19(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 29
Committee procedure
1. The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 30
Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. It shall apply from 10 October 2025. However, within the scope of application of this Regulation, Article 3 and Article 5(1) shall apply as from the date of its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.