Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union
.
It shall apply from 7 June 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 2021.
For the European Parliament
The President
D.M. SASSOLI
For the Council
The President
A.P. ZACARIAS
(
1
)
OJ C 110, 22.3.2019, p. 67
.
(
2
)
Position of the European Parliament of 17 April 2019 (not yet published in the Official Journal) and position of the Council at first reading of 16 March 2021 (
OJ C 135, 16.4.2021, p. 1
). Position of the European Parliament of 28 April 2021 (not yet published in the Official Journal).
(
3
)
Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (
OJ L 63, 6.3.2018, p. 50
).
(
4
)
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 (‘Directive on electronic commerce’) (
OJ L 178, 17.7.2000, p. 1
).
(
5
)
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (
OJ L 95, 15.4.2010, p. 1
).
(
6
)
Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (
OJ L 88, 31.3.2017, p. 6
).
(
7
)
Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (
OJ L 321, 17.12.2018, p. 36
).
(
8
)
Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (
OJ L 351, 20.12.2012, p. 1
).
(
9
)
Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (
OJ L 60 I, 2.3.2018, p. 1
).
(
10
)
Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (
OJ L 257, 28.8.2014, p. 73
).
(
11
)
Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (
OJ L 135, 24.5.2016, p. 53
).
(
12
)
Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (
OJ L 124, 20.5.2003, p. 36
).
(
13
)
OJ L 123, 12.5.2016, p. 1
.
(
14
)
Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (
OJ L 241, 17.9.2015, p. 1
).
(
15
)
Regulation No 1 determining the languages to be used by the European Economic Community (
OJ 17, 6.10.1958, p. 385
).
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:
……
Contact point:
……
Member State where the hosting service provider has its main establishment or where its legal representative resides or is established:
……
Time and date of issuing of the removal order:
……
Reference number of the removal order:
……
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:
……
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:
……
……
……
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:
……
Name of its representative and post held (title and grade):
……
File No:
……
Address:
……
Tel. No (country code) (area/city code):
……
Fax No (country code) (area/city code):
……
Email address:…
Date:…
Official stamp (if available) and signature
(
1
)
:
……
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:
……
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:
……
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:
……
Deadline for challenging the removal order (days/months starting from):
……
Link to provisions in national legislation:
……
(
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:
……
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:
……
Member State of main establishment of the hosting service provider:
……
OR
Member State of residence or establishment of the legal representative of the hosting service provider:
……
Name of the authorised person:
……
Email address of the contact point:
……
Date:
……
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:
……
File reference of the addressee:
……
Time and date of receipt of removal order:
……
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:
……
SECTION C: Details of the hosting service provider or its legal representative
Name of the hosting service provider:
……
OR
Name of the legal representative of the hosting service provider:
……
Name of the authorised person:
……
Contact details (email address):
……
Signature:
……
Time and date:
……