Annexes to COM(2018)640 - Preventing the dissemination of terrorist content online - Contribution to the Leaders’ meeting, September 2018

Please note

This page contains a limited version of this dossier in the EU Monitor.

ANNEX I

REMOVAL ORDER

(Article 3 of Regulation (EU) 2021/784 of the European Parliament and of the Council)

Pursuant to Article 3 of Regulation (EU) 2021/784 (the ‘Regulation’) the addressee of this removal order shall remove terrorist content or disable access to terrorist content in all Member States as soon as possible and in any event within one hour of receipt of the removal order.

Pursuant to Article 6 of the Regulation the addressee shall preserve content and related data, which has been removed or access to which as been disabled, for six months or longer upon request from the competent authorities or courts.

Pursuant to Article 15(2) of the Regulation, this removal order shall be sent in one of the languages designated by the addressee.

SECTION A:

Member State of the issuing competent authority:

……

NB: details of the issuing competent authority to be provided in Sections E and F

Addressee and, where relevant, legal representative:

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Contact point:

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Member State where the hosting service provider has its main establishment or where its legal representative resides or is established:

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Time and date of issuing of the removal order:

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Reference number of the removal order:

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SECTION B: Terrorist content to be removed or access to which is to be disabled in all Member States as soon as possible and in any event within one hour of receipt of the removal order

URL and any additional information enabling the identification and exact location of the terrorist content:

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Reasons for considering the material to be terrorist content, in accordance with point (7) of Article 2 of the Regulation.

The material (please tick the relevant box(es)):

incites others to commit terrorist offences, such as by glorifying terrorist acts, by advocating the commission of such offences (point (7)(a) of Article 2 of the Regulation)
solicits others to commit or to contribute to the commission of terrorist offences (point (7)(b) of Article 2 of the Regulation)
solicits others to participate in the activities of a terrorist group (point (7)(c) of Article 2 of the Regulation)
provides instruction on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques for the purpose of committing or contributing to the commission of terrorist offences (point (7)(d) of Article 2 of the Regulation)
constitutes a threat to commit one of the terrorist offences (point (7)(e) of Article 2 of the Regulation)

Additional information for considering the material to be terrorist content:

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……

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SECTION C: Information to the content provider

Please note that (please tick the box, if applicable):

for reasons of public security, the addressee must refrain from informing the content provider of the removal of or disabling of access to the terrorist content

If the box is not applicable, please see Section G for details of possibilities to challenge the removal order in the Member State of the issuing competent authority under national law (a copy of the removal order must be sent to the content provider, if requested)

SECTION D: Information to the competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established

Please tick the relevant box(es):

The Member State where the hosting service provider has its main establishment or where its legal representative resides or is established is other than the Member State of the issuing competent authority
A copy of the removal order is sent to the competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established

SECTION E: Details of the issuing competent authority

Type (please tick the relevant box):

judge, court or investigating judge
law enforcement authority
other competent authority please complete also Section F

Details of the issuing competent authority or its representative certifying the removal order as accurate and correct:

Name of the issuing competent authority:

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Name of its representative and post held (title and grade):

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File No:

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Address:

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Tel. No (country code) (area/city code):

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Fax No (country code) (area/city code):

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Email address:…

Date:…

Official stamp (if available) and signature (1):

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SECTION F: Contact details for follow-up

Contact details of the issuing competent authority for feedback on the time of removal or the disabling of access, or to provide further clarification:

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Contact details of the competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established:

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SECTION G: Information about redress possibilities

Information about competent body or court, deadlines and procedures for challenging the removal order:

Competent body or court before which the removal order can be challenged:

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Deadline for challenging the removal order (days/months starting from):

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Link to provisions in national legislation:

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(1) A signature is not necessary if the removal order is sent through authenticated submission channels that can guarantee the authenticity of the removal order.



ANNEX II

FEEDBACK FOLLOWING REMOVAL OF OR DISABLING OF ACCESS TO TERRORIST CONTENT

(Article 3(6) of Regulation (EU) 2021/784 of the European Parliament and of the Council)

SECTION A:

Addressee of the removal order:

……

Competent authority that issued the removal order:

……

File reference of the competent authority that issued the removal order:

……

File reference of the addressee:

……

Time and date of receipt of removal order:

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SECTION B: Measures taken in compliance with the removal order

(Please tick the relevant box):

the terrorist content has been removed
access to the terrorist content has been disabled in all Member States

Time and date of the measure taken:

……

SECTION C: Details of the addressee

Name of the hosting service provider:

……

OR

Name of the legal representative of the hosting service provider:

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Member State of main establishment of the hosting service provider:

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OR

Member State of residence or establishment of the legal representative of the hosting service provider:

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Name of the authorised person:

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Email address of the contact point:

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Date:

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ANNEX III

INFORMATION ABOUT THE IMPOSSIBILITY TO EXECUTE THE REMOVAL ORDER

(Article 3(7) and (8) of Regulation (EU) 2021/784 of the European Parliament and of the Council)

SECTION A:

Addressee of the removal order:

……

Competent authority that issued the removal order:

……

File reference of the competent authority that issued the removal order:

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File reference of the addressee:

……

Time and date of receipt of removal order:

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SECTION B: Non-execution

(1)The removal order cannot be executed within the deadline for the following reasons (please tick the relevant box(es)):

force majeure or de facto impossibility not attributable to the hosting service provider, including for objectively justifiable technical or operational reasons
the removal order contains manifest errors
the removal order does not contain sufficient information

(2)Please provide further information as to the reasons for non-execution:

……

(3)If the removal order contains manifest errors and/or does not contain sufficient information, please specify the errors and the further information or clarification necessary:

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SECTION C: Details of the hosting service provider or its legal representative

Name of the hosting service provider:

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OR

Name of the legal representative of the hosting service provider:

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Name of the authorised person:

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Contact details (email address):

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Signature:

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Time and date:

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