### when deciding on the granting or the rejection of the application referred to in paragraph 2 and assessing its proportionality , the competent judicial authorities shall take into account the legitimate interests of the parties and , where appropriate of third parties , and any potential harm for either of the parties , and where appropriate third parties , resulting from the granting or rejection of such application . ### when deciding on the granting or the rejection of the application referred to in paragraph 2 and assessing its proportionality , the competent judicial authorities shall take into account the need to ensure the rights to an effective remedy and to a fair trial , the legitimate interests of the parties and , where appropriate of third parties , and any potential harm for either of the parties , and where appropriate third parties , resulting from the granting or rejection of such application .


### the destruction of all or part of any document , object , material , substance or electronic file containing or implementing the trade secret or , where appropriate , the delivery up to the trade secret holder of all or part of those documents , objects , materials , substances and electronic files . ### the destruction of all or part of any document , object , material , substance or electronic file containing or implementing the trade secret or , where appropriate , the delivery up to the applicant of all or part of those documents , objects , materials , substances and electronic files .


### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally or with gross negligence , by a person who is found to meet any of the following conditions : ### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , by a person who is found to meet any of the following conditions :


### for the purpose of revealing an applicant’s misconduct , wrongdoing or illegal activity , provided that the alleged acquisition , use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest ; ### for the purpose of revealing an applicant’s illegal activity to the competent authority ;


### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action .


### the person concerned originally acquired knowledge of the trade secret in good faith and fulfils the conditions of article 3 ; ### the person concerned at the time of use or disclosure neither knew nor had reason , under the circumstances , to know that the trade secret was obtained from another person who was using or disclosing the trade secret unlawfully ;


### the use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3 . ### the acquisition , use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of acquisition , use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3 .


### the conscious and deliberate production , offering or placing on the market of infringing goods , or import , export or storage of infringing goods for those purposes , shall be considered an unlawful use of a trade secret . ### the production , offering or placing on the market of infringing goods , or import , export or storage of infringing goods for those purposes , shall also be considered an unlawful use of a trade secret when the person carrying out such activities knew , or should , under the circumstances , have known that the products were infringing .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### the action shall be undertaken in a cooperation within a consortium of at least three legal entities which are established in at least three different member states and / or associated countries . every consortium that includes legal entities from an associated country shall also include at least two legal entities from two different member states . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be controlled , directly or indirectly , by the same entity , and shall not control each other .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the cdp , including the cdp strategic context cases . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . regional and international priorities , including those in the north atlantic treaty organisation context , should also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided .


### as the objective of the fund is to support the competitiveness and innovation of the union defence industry by leveraging and complementing collaborative defence research and technology activities and de - risking the development phase of cooperative projects , actions related to the research and development of a defence product or technology should be eligible to benefit from it . this will also apply to the upgrade , including the interoperability thereof , of existing defence products and technologies . ### as the objective of the fund is to support the competitiveness , efficiency and innovation of the union defence industry by leveraging and complementing collaborative defence research and technology activities and de - risking the development phase of cooperative projects , actions related to the research and development of a defence product or technology should be eligible to benefit from it . this will also apply to the upgrade , including the interoperability thereof , of existing defence products and technologies .


### applicants and their subcontractors shall be eligible for funding provided that they are established in the union or in an associated country , have their executive management structures in the union or in an associated country and are not controlled by a non - associated third country or by a non - associated third country entity . ### applicants and subcontractors involved in the action shall be eligible for funding provided that they are established in the union or in an associated country , have their executive management structures in the union or in an associated country and are not controlled by a non - associated third country or by a non - associated third country entity .


### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries or non - associated third country entities . ### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not exclusively controlled by non - associated third countries or by non - associated third country entities .


### by derogation from paragraph 1 , an applicant established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the union and its member states . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to provide information demonstrating notably that : ### by derogation from paragraph 1 , an applicant or a subcontractor involved in the action , established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity may constitute an eligible entity for funding and provided that its participation will not put at risk the security and defence interests of the union and its member states , or the objective set out in article 3 . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to provide information to the commission demonstrating notably that :


### where appropriate , indirect eligible costs beyond the flat rate of 25 % may be determined in accordance with the beneficiary ' s usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with article [ 185 ] of the financial regulation and communicated to the commission . ### as an alternative , indirect eligible costs may be determined in accordance with the beneficiary ' s usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with article [ 185 ] of the financial regulation and communicated to the commission .


### following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry , a european defence fund should be established . the fund should aim at enhancing the competitiveness , innovation , efficiency and autonomy of the union ' s defence industry thereby contributing to the union ' s strategic autonomy by supporting the cross border cooperation between member states and between enterprises , research centres , national administrations , international organisations and universities , in the research phase and in the development phase of defence products and technologies . to achieve more innovative solutions and an open internal market , the fund should support the cross - border participation of defence small and medium sized enterprises and middle capitalisation companies . ### following an integrated approach and in order to contribute to the enhancement of the competitiveness and innovation capacity of the union ' s defence industry throughout the union , a european defence fund should be established . the fund should aim at enhancing the competitiveness , innovation , efficiency and autonomy of the union ' s defence industry thereby contributing to the union ' s industrial strategic autonomy by supporting the cross border cooperation between member states and between enterprises , research centres , national administrations , international organisations and universities , in the research phase and in the development phase of defence products and technologies . to achieve more innovative solutions and an open internal market , the fund should support the cross - border participation of defence small and medium sized enterprises and middle capitalisation companies . in order to foster an open internal market , the fund should facilitate the development of cooperation between legal entities that would not normally cooperate , in particular smes and mid - caps .


### the interim evaluation of the fund shall be performed once there is sufficient information available about the implementation of the fund , but no later than four years after the start of the fund implementation . the interim evaluation report will include notably , an assessment of the governance of the fund , implementation rates , project award results including smes and mid - caps involvement and the degree of their cross - border participation , and funding granted in accordance with article [ 195 ] of the financial regulation by 31 july 2024 . the commission may submit proposals for any appropriate amendments to the present regulation . ### the interim evaluation of the fund shall be performed once there is sufficient information available about the implementation of the fund , but no later than four years after the start of the fund implementation . the interim evaluation report will include notably , an assessment of the governance of the fund , the results of the assessment of the european defence industrial development programme , implementation rates , project award results including smes and mid - caps involvement and the degree of their cross - border participation , the definition of ' subcontractors ' referred to in point 9 of article 10 , the budget allocated to disruptive technologies and funding granted in accordance with article [ 195 ] of the financial regulation by 31 july 2024 . the interim evaluation shall also contain information on the countries of origin of the recipients and , where possible , the distribution of the generated intellectual property rights . the commission may submit proposals for any appropriate amendments to the present regulation .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . ethics screenings and assessments shall be carried out by the commission with the support of experts on defence ethics . the commission shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . ethics screenings and assessments shall be carried out by the commission after consulting the ethics committee . the ethics committee shall be composed of experts on defence and ethics identified and selected by the commission . those experts shall be union nationals and shall come from as broad a range of member states as possible . the commission shall ensure the transparency of the ethics procedures as much as possible . the security credentials of all experts shall be validated by the issuing member states .


### the results of the action shall remain within the beneficiary and shall not be subject to control or restrictions by non - associated third countries or other non - associated third country entities during the action and for a specified period after its completion ; ### ownership of the intellectual property arising from , and the results of , the action remain within the beneficiary and are not subject to control or restrictions by non - associated third countries or other non - associated third country entities during the action and for a specified period after its completion and are not exported to , or given access to from , a third country without the approval of the member states in which the undertaking is established and in accordance with the objectives set out in article 3 . that period shall be stipulated in the grant agreement .


### the general objective of the fund is to foster the competitiveness , efficiency and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological and industrial terms . ### the general objective of the fund is to foster the competitiveness , efficiency and innovation capacity of the european defence industry throughout the union , by supporting collaborative actions and cross - border cooperation between legal entities , including smes and mid - caps as well as by strengthening and improving the agility of both defence supply and value chains , bolstering new cross - border cooperation between legal entities and fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the life cycle of defence products and technologies , thus contributing to the union ' s industrial strategic autonomy . the fund shall thus contribute to the freedom of action of the union and its strategic autonomy .


### support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by member states within the framework of the common foreign and security policy , thus contributing to greater efficiency of defence spending within the union , achieving greater economies of scale , reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the union . ultimately , the fund will lead to greater interoperability between member states ' capabilities . ### support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by member states within the framework of the common foreign and security policy and in particular in the context of the cdp of the common security and defence policy , thus contributing to greater efficiency of defence spending within the union , achieving greater economies of scale , reducing the risk of unnecessary duplication and the over - dependence on imports from third countries and as such reducing the fragmentation of the market for defence products and technologies throughout the union and increasing standardisation and interoperability between member states ' capabilities .


### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . at least three of these legal eligible entities established in at least two different member states and / or associated countries should not be effectively controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement . ### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . every type of cooperation that includes legal entities from an associated country should also include at least two legal entities from two different member states . at least three of these legal eligible entities established in at least two different member states and / or associated countries should not be controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement .


### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries or non - associated third country entities . ### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and subcontractors involved in the action shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries or non - associated third country entities .


### ' development action ' means any action consisting primarily of defence - oriented activities in the development phase , covering new products or technologies or the upgrading of existing ones , excluding the production or use of weapons ; ### ' development action ' means any action consisting exclusively of defence - oriented activities in the development phase , covering new products or technologies or the upgrading of existing ones , excluding the production or use of weapons ;


### the fund would contribute to the establishment of a strong , competitive and innovative defence industrial and technological base and go hand in hand with the union ' s initiatives towards a more integrated european defence market and in particular , the two directives6 on procurement and on eu transfers in the defence sector adopted in 2009 . __________________ 6 directive 2009 / 43 / ec of the european parliament and of the council , simplifying terms and conditions of transfers of defence - related products within the community , oj l 146 , 10 . 6 . 2009 , p . 1 ; directive 2009 / 81 / ec of the european parliament and of the council on the coordination of procedures for the award of certain works contracts , supply contracts and service contracts by contracting authorities or entities in the fields of defence and security , oj l 216 , 20 . 8 . 2009 , p . 76 . ### the fund would contribute to the establishment of a strong , competitive and innovative defence industrial and technological base and go hand in hand with the union ' s initiatives towards a more integrated european defence market and in particular , the two directives6 on procurement and on eu transfers in the defence sector adopted in 2009 . it is therefore crucial that key regulatory preconditions are fulfilled , in particular the full implementation of those directives . __________________ 6 directive 2009 / 43 / ec of the european parliament and of the council , simplifying terms and conditions of transfers of defence - related products within the community ; directive 2009 / 81 / ec of the european parliament and of the council on the coordination of procedures for the award of certain works contracts , supply contracts and service contracts by contracting authorities or entities in the fields of defence and security , oj l 216 , 20 . 8 . 2009 , p . 76 .


### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public . ### independent experts shall be union citizens from as broad a range of member states as possible and selected on the basis of calls for expressions of interest with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public .


### gender - based violence and violence against children and young people constitute a serious violation of fundamental rights . violence persists throughout the union , in all social and economic contexts , and has serious repercussions on victims’ physical and psychological health and on society as a whole . children , young people and women are particularly vulnerable to violence , in particular in close relationships . action should be taken to promote the rights of the child and to contribute to the protection of children from harm and violence , which pose a danger to their physical and mental health and constitute a breach of their rights to development , protection and dignity . combating all forms of violence , promoting prevention and protecting and supporting victims are priorities of the union which help fulfil individuals’ fundamental rights and contribute to equality between women and men . those priorities should be supported by the programme . ### violence against women and violence against children and young people constitute a serious violation of fundamental rights . violence persists throughout the union , in all social and economic contexts , and has serious repercussions on victims’ physical and psychological health and on society as a whole . children , young people and women are particularly vulnerable to violence , in particular in close relationships . action should be taken to promote the rights of the child and to contribute to the protection of children from harm and violence , which pose a danger to their physical and mental health and constitute a breach of their rights to development , protection and dignity . the concept of harm and violence should cover the exposition of children to pornography or gratuitous violence . combating all forms of violence , promoting prevention and protecting and supporting victims are priorities of the union which help fulfil individuals’ fundamental rights and contribute to equality between women and men . those priorities should be supported by the programme .


### to promote equality and rights , ### to promote equality and fundamental human rights ,


### non - discrimination is a fundamental principle of the union . article 19 of the treaty on the functioning of the european union provides for action to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . non - discrimination is also enshrined in article 21 of the charter . the specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds . the programme should support actions to prevent and combat discrimination , racism , xenophobia , anti - semitism , anti - muslim hatred and other forms of intolerance . in that context , particular attention should also be devoted to preventing and combating all forms of violence , hatred , segregation and stigmatisation , as well as combating bullying , harassment and intolerant treatment . the programme should be implemented in a mutually reinforcing manner with other union activities that have the same objectives , in particular with those referred to in the commission communication of 5 april 2011 entitled ‘ an eu framework for national roma integration strategies up to 202010’ and in the council recommendation of 09 december 2013 on effective roma integration measures in the member states11 . __________________ 10 com173 . 11 oj c 378 , 24 . 12 . 2013 , p . 1 . ### non - discrimination is a fundamental principle of the union . article 19 of the treaty on the functioning of the european union provides for action to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . non - discrimination is also enshrined in article 21 of the charter . the principle of non - discrimination entails not only that similar situations should not be treated differently , but also that different situations should not be treated in the same way . the specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds . the programme should support actions to prevent and combat discrimination , racism , xenophobia , anti - semitism , anti - muslim hatred and other forms of intolerance . in that context , particular attention should also be devoted to preventing and combating all forms of violence , hatred , segregation and stigmatisation , including anti - religious stigmatisation , as well as combating bullying , harassment and intolerant treatment . the programme should be implemented in a mutually reinforcing manner with other union activities that have the same objectives , in particular with those referred to in the commission communication of 5 april 2011 entitled ‘ an eu framework for national roma integration strategies up to 202010’ and in the council recommendation of 09 december 2013 on effective roma integration measures in the member states11 . authorities at union and national level have an obligation to prevent discrimination on grounds of belonging to a religious group or carrying out religious acts , whether affiliated to majority or minority religious denominations . furthermore , focus should not be placed on discrimination of religions , but on people being discriminated because of their religious affiliation or practices . an effective protection by the member states of the right to conscientious objection , both at the individual and institutional level , especially in the healthcare , pharmaceutical , educational and economical fields , as a fundamental right placed at the basis of democracy and the rule of law should also be supported . __________________ 10 com173 . 11 oj c 378 , 24 . 12 . 2013 , p . 1 .


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people’s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , fundamental human rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people’s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . article 17 of the treaty on the functioning of the european union sets out that the union shall maintain a dialogue with the churches and organisations mentioned in that article . churches and religious communities or associations are long - standing primary stakeholders in fostering protection and promotion of fundamental human rights and should be granted the same access as civil society organisations to the relevant funding opportunities .


### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens’ engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe . ### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens’ engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue , including intercultural and interreligious dialogue , and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . increasing plurality and global migration movements raise the importance of intercultural and inter - religious dialogue in our societies . full support should be given to inter - religious dialogue as a part of social harmony in europe and a key element in solving social tensions . interreligious dialogue could also help to highlight the positive contribution of religion to social cohesion . as religious illiteracy sets the stage for the misuse of religious feelings among the population , support for projects and initiatives developing religious literacy is also important . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe .


### the general objective of the programme is to protect and promote rights and values as enshrined in the eu treaties , including by supporting civil society organisations , in order to sustain open , democratic and inclusive societies . ### the general objective of the programme is to protect and promote fundamental human rights and values as enshrined in the eu treaties , including by supporting civil society organisations , in order to sustain open , democratic and inclusive societies , as well as other key stakeholders such as churches and religious associations or communities , think tanks , and research and academic institutions .


### 4 . 3 . 1 . for in - conversion agricultural holdings , up to 15 % of the total average amount of feed fed to livestock may originate from the grazing or harvesting of permanent pastures , perennial forage parcels or protein crops , sown under organic management on lands in their first year of conversion , provided that they are part of the holding itself . feed in their first year of conversion may not be used for the production of organic processed feed . when both in - conversion feed and feed from parcels in their first year of conversion are being used , the total combined percentage of such feed shall not exceed the maximum percentages fixed in point 1 . 4 . 3 . 2 . ### 4 . 3 . 1 . for in - conversion agricultural holdings , up to 20 % of the total average amount of feed fed to livestock may originate from the grazing or harvesting of permanent pastures , perennial forage parcels or protein crops , sown under organic management on lands in their first year of conversion , provided that they are part of the holding itself . feed in their first year of conversion may not be used for the production of organic processed feed . when both in - conversion feed and feed from parcels in their first year of conversion are being used , the total combined percentage of such feed shall not exceed the maximum percentages fixed in point 1 . 4 . 3 . 2 .


### the entire agricultural holding or aquaculture operation shall be managed in compliance with the requirements applicable to organic production ; ### the agricultural holding or aquaculture&#160 ; operation may be split into clearly and effectively separated units or production units which are not all managed under organic production , provided that : as regards livestock , &#160 ; different species shall&#160 ; be involved ; as regards plants , different varieties that can be easily differentiated shall be involved . in case of research and educational centres , nurseries , seed multipliers , hatcheries in the framework of aquaculture and algae production and breeding operations , the requirements concerning different species and varieties referred to in points and shall not apply ;


### poultry shall have access to an open air area for at least one third of their life . open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs ; ### poultry shall have access to an open air area for at least one third of their life , and permanently from when they are fully feathered . open air areas for poultry shall be mainly covered with annual or perennial vegetation , and shall be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs ;


### 7 . 3 . the livestock shall have permanent access to open air areas , preferably pasture , whenever weather conditions and the state of the ground allow this unless restrictions and obligations related to the protection of human and animal health are imposed on the basis of union legislation . ### 7 . 3 . the livestock shall have permanent access to open air areas , preferably pasture for herbivores , whenever weather conditions and the state of the ground allow this , unless restrictions and obligations related to the protection of human and animal health are imposed on the basis of union legislation .


### 4 . 3 . 2 . for organic agricultural holdings , up to 20 % on average of the feed formula of rations may comprise in - conversion feed , namely feed from the second year of conversion . for in - conversion agricultural holdings , when the in - conversion feed come from the holding itself , this percentage may be increased to 100 . ### 4 . 3 . 2 . for organic agricultural holdings , up to 30 % on average of the feed formula of rations may comprise in - conversion feed , namely feed from the second year of conversion . for in - conversion agricultural holdings , when the in - conversion feed come from the holding itself , this percentage may be increased to 100 .


### a european cybersecurity certification scheme shall attest that the ict products and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by , or accessible via , those products , processes , services and systems . ### a european cybersecurity certification scheme shall attest that the ict products and services that have been certified in accordance with such scheme comply with specified requirements set out by european or international standards as regards their ability to resist at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by , or accessible via , those products , processes , services and systems .


### following a request from the commission , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states or the european cybersecurity certification group established under article 53 may propose the preparation of a candidate european cybersecurity certification scheme to the commission . ### following a request from the commission or the european cybersecurity certification group , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . member states or the european cybersecurity certification group established under article 53 may propose the preparation of a candidate european cybersecurity certification scheme to the commission . the commission and european cybersecurity certification groups hall consider proposals for a european cybersecurity certification scheme proposed by the stakeholders consultation platforms


### assurance level substantial shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ict product or service , and is characterised with reference to technical specifications , standards and procedures related thereto , including technical controls , the purpose of which is to decrease substantially the risk of cybersecurity incidents ; ### assurance level intermediate shall refer to a certificate issued in the context of a european cybersecurity certification scheme , which provides an intermediate degree of confidence ;


### a european cybersecurity certification scheme may specify one or more of the following assurance levels : basic , substantial and / or high , for ict products and services issued under that scheme . ### a european cybersecurity certification scheme may specify one or more of the following assurance levels : basic , &#160 ; intermediate and / or high , for ict products and services issued under that scheme .


### the member states by organising yearly large - scale cybersecurity exercises at the union level referred to in article 7 and by making policy recommendations based on the evaluation process of the exercises and lessons learned from them ; ### the member states by organising biannually large - scale cybersecurity exercises at the union level referred to in article 7 and by making policy recommendations and exchanging best practices based on the evaluation process of the exercises and lessons learned from them ;


### the commission should be empowered to request enisa to prepare candidate schemes for specific ict products or services . the commission , based on the candidate scheme proposed by enisa , should then be empowered to adopt the european cybersecurity certification scheme by means of implementing acts . taking account of the general purpose and security objectives identified in this regulation , european cybersecurity certification schemes adopted by the commission should specify a minimum set of elements concerning the subject - matter , the scope and functioning of the individual scheme . these should include among others the scope and object of the cybersecurity certification , including the categories of ict products and services covered , the detailed specification of the cybersecurity requirements , for example by reference to standards or technical specifications , the specific evaluation criteria and evaluation methods , as well as the intended level of assurance : basic , substantial and / or high . ### the process of preparation and adoption of the certification schemes should be inclusive and transparent . the commission should be empowered to request enisa to prepare candidate schemes for specific ict products or services . the commission , based on the candidate scheme proposed by enisa , should then be empowered to adopt the european cybersecurity certification scheme by means of implementing acts . taking account of the general purpose and security objectives identified in this regulation , european cybersecurity certification schemes adopted by the commission should specify a minimum set of elements concerning the subject - matter , the scope and functioning of the individual scheme . these should include among others the scope and object of the cybersecurity certification , including the categories of ict products and services covered , the detailed specification of the cybersecurity requirements , for example by reference to standards or technical specifications , the specific evaluation criteria and evaluation methods , as well as the intended level of assurance : basic , substantial and / or high .


### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers , while ensuring appropriate safeguards to avoid abusive litigation . ### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers in case of mass harm , while ensuring appropriate safeguards to avoid abusive litigation .


### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued . ### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state shall require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued .


### this directive shall apply to representative actions brought against infringements by traders of provisions of the union law listed in annex i that harm or may harm the collective interests of consumers . it shall apply to domestic and cross - border infringements , including where those infringements have ceased before the representative action has started or before the representative action has been concluded . ### this directive shall apply to representative actions brought against infringements by traders of provisions of the union law listed in annex i that does or is likely to do mass harm to the collective interests of consumers . &#160 ; it&#160 ; shall apply to infringements with a union dimension , &#160 ; including where those&#160 ; infringements have ceased before the representative action&#160 ; has started&#160 ; or&#160 ; before the representative action has been concluded .


### a maximum amount of eur 30 000 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector directed to refugees and host communities ; ### a maximum amount of eur 33 530 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector addressing root causes of migration and the long - term social and economic infrastructure and development of forcibly displaced people and host communities , implemented under the eib resilience initiative ;


### strategic response to addressing root causes of migration . ; ### strategic response to addressing root causes of migration and contributing to the long - term economic resilience of host and transit communities . ' ;


### a maximum amount of eur 2 300 000 000 under a private sector lending mandate for projects addressing root causes of migration . ### a maximum amount of eur 2 300 000 000 under a private sector lending mandate for projects addressing root causes of migration and the long - term social and economic infrastructure and development of forcibly displaced people and host communities , implemented under the eib resilience initiative ;


### under the new private sector lending mandate , the maximum amount of eur 2 300 000 000 should be dedicated to projects addressing root causes of migration within the maximum increased ceiling and should benefit from the comprehensive guarantee by the union . ### under the new private sector lending mandate , the maximum amount of eur 2 300 000 000 should be dedicated to projects addressing root causes of migration and contributing to the long - term economic resilience of host and transit communities , within the maximum increased ceiling and should benefit from the comprehensive guarantee by the union .


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments shall be developed . as part of this new partnership framework , the external investment plan shall be established in order to boost investments in regions outside the union , while partnering with the european and local private sector and contributing to the achievement of the sdgs . it should also fulfil the objectives of the 2030 agenda for sustainable development , the addis ababa action agenda and the objectives pursued by the other financing instruments for external action .


### addressing root causes of migration should be added as a new objective of the mandate . ### addressing root causes of migration and contributing to long - term sustainable development should be added as a new objective of the mandate .


### the international community faces an unprecedented refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration . ### the international community faces an unprecedented migration and refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing programmes in order to engineer and support initiatives which contribute to the sustainable development goals and to addressing root causes of migration and the long - term consequences of forced displacement .


### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas . ### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 35 830 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed towards the development of economic and social infrastructure in partner countries , transit and host communities , with a focus on job creation and sustainability .


### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects cannot be reallocated because its purpose is to address root causes of migration . ### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects under the eib resilience initiative should be absorbed completely for its purpose and should not be reallocated .


### argentina , bolivia , brazil , colombia , costa rica , ecuador , el salvador , guatemala , honduras , mexico , nicaragua , panama , paraguay , peru , uruguay , venezuela ### argentina , bolivia , brazil , chile , colombia , costa rica , ecuador , el salvador , guatemala , honduras , mexico , nicaragua , panama , paraguay , peru , uruguay , venezuela


### indicators for projects providing strategic response addressing root causes of migration shall be developed by the eib ; ; ### indicators for projects providing strategic response addressing root causes of migration and contributing to the long - term economic resilience of host and transit communities shall be developed by the eib ; '


### the eib should develop and implement a set of indicators in its results measurement framework for projects in the public sector and in the private sector directed to refugees and host communities . therefore , an assessment of the contribution of eib financing operations addressing root causes of migration should be included in the commission ' s annual reporting to the european parliament and to the council on eib financing operations . ### the eib should develop and implement a set of indicators in its results measurement framework for projects in the public sector and in the private sector addressing root causes of migration and the long - term economic resilience of host and transit communities . therefore , an assessment of the contribution of eib financing operations towards these objectives must be included in the commission ' s annual reporting to the european parliament and to the council on eib financing operations . the eib is to take all necessary steps to consolidate its accountability to the european parliament , through transparency and access to information , by publishing the results , evaluations and impact appraisals of projects on a systematic basis via the results measurement framework .


### that information shall include the total number of complaints lodged , the subject - matter of the complaints , the time period needed to process the complaints and the decision taken on the complaints . ### that information shall include the total number of complaints lodged , the main types of complaints , the average time period needed to process the complaints and the decision taken on the complaints , whilst protecting the privacy of the business users involved .


### that information shall include the total number of complaints lodged , the subject - matter of the complaints , the time period needed to process the complaints and the decision taken on the complaints . ### that information shall include the total number of complaints lodged , the main types of complaints , the nature of problems raised by business users and the average time period needed to process the complaints and the decision taken on the complaints .


### ‘ online search engine’ means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ‘ online search engine’ means a digital service , including a website or a part thereof and applications , including mobile applications or other online interface that allows users to perform searches on any subject in the form of a keyword , phrase or other input , and returns results in which information related to the requested content can be found ;


### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , organisations , associations representing business users or corporate website users , as well as certain public bodies set - up in member states , should be granted the possibility to take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner , they should meet certain criteria . considering the particular status of the relevant public bodies in member states where such bodies have been set up , it should only be required that those have been specifically charged , in accordance with the relevant rules of national law , with bringing such actions either in the collective interest of the parties concerned or in the general interest , without there being a need to apply those criteria to such public bodies . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis . ### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities . to ensure the effective application of this regulation , organisations , associations representing business users or corporate website users , as well as certain public bodies set - up in member states , should be granted the possibility to take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner , they should meet certain criteria , in particular relating to transparency of funding . considering the particular status of the relevant public bodies in member states where such bodies have been set up , it should only be required that those have been specifically charged , in accordance with the relevant rules of national law , with bringing such actions either in the collective interest of the parties concerned or in the general interest , without there being a need to apply those criteria to such public bodies . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis .


### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs . ### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand , including whether the case was brought in good faith . to that aim , the mediator should suggest which proportion is reasonable in the individual case .


### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 . ### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 , nor any business sensitive information which could undermine the provider’s competitive advantage or facilitate the manipulation of results or the deception of customers .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which have been identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### communicate to the complainant the outcome of the internal complaint - handling process , in an individualised manner and drafted in clear and unambiguous language . ### communicate to the complainant the outcome of the internal complaint - handling process in clear language .


### are drafted in clear and unambiguous language ; ### are drafted in clear language ;


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### they , as a primary function , allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of whether those transactions are ultimately concluded on the online portal of the online intermediation service or business user ;


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , restriction , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . terms and conditions should not unjustifiably discriminate between business users .


### the dependence of business users on online intermediation services also leads to a situation in which business users often have limited possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute . in many cases , those providers do not offer accessible and effective internal complaint - handling systems . existing alternative out - of - court dispute settlement mechanisms can also be ineffective for a variety of reasons , including a lack of specialised mediators and business users’ fear of retaliation . ### the relationship between business users and online intermediation services may also not lead to adequate possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute . existing alternative out - of - court dispute settlement mechanisms can also be ineffective for a variety of reasons , including a lack of specialised mediators and business users’ fear of retaliation .


### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . ### online intermediation services can be crucial for the commercial success of undertakings whose such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased usage by business users , including micro , small and medium - sized enterprises , of those services in order for them to reach consumers . given that increasing interaction and the scalability of online services , the providers of those services can have superior bargaining power , depending on the nature of their services , the sector to which they belong and the availability of alternatives . if this superior bargaining power is misused , it can enable them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the modifications and to their consequences for the business user concerned . that notice period shall be at least 10 days from the date on which the provider of online intermediation services notifies the business users concerned about the modifications .


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking .


### ‘ ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ; ### ‘ ranking’ means the relative prominence in search results given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ;


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . ### the ranking of goods and services by the providers of online intermediation services has impacts on consumer awareness of offers and , consequently , can influence the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , to allow them to better understand the functioning of the ranking mechanism . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications .


### article 13 mediation between member states in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role . 2 . upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board , including on the basis of a referral from solvit , subject to the agreement of all member states concerned by that dispute . 3 . when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure . 4 . cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . 5 . within three months of the conclusion of the mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . 6 . the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases it handles . ### article 13 mediation between member states in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role , without prejudice to the procedures envisaged by the decision no a1 of 12 june 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents , the determination of the applicable legislation and the provision of benefits under regulation no 883 / 2004 of the european parliament and the council . 2 . upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board if member states have not been able to resolve the dispute within a reasonable time after its emergence , taking into consideration the nature and specific requirements of each case . member states concerned take actively part in the mentioned procedure and make at disposal any relevant and / or requested information . 2 athe member states shall inform the persons concerned , such as employers , employees , self - employed persons , about the dispute and about the case being brought to the authority . they shall also be consulted and involved throughout the procedure . 3 . for the purposes of the mediation procedure , the member states concerned shall make available all requested and relevant information . when presenting a case for mediation by the authority , member states and all other parties that are heard by the authority or involved in the case shall ensure that all personal data related to that case is anonymised , in accordance with relevant union legislation on data protection and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure or afterwards . 4 . cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . 5 . within three months of the conclusion of successful mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . 5 a . within three months of a decision by the dispute settlement board , the member states concerned shall notify the authority of the measures they have taken in response to the decision or which they have refrained from taking on the basis of the decision . 6 . the authority shall report to the commission , the european parliament and the member states on a quarterly basis about the outcomes of the mediation cases it handles . 6a . should a mediation procedure not have a positive outcome , the authority shall refer the parties in question to the relevant judicial authorities . 6b . at any stage throughout the mediation process , the member states concerned may agree with each other to having the mediation board act as an arbitrator and to be bound by its decision . this agreement shall be formally registered and made public .


### in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role . ### in interpreting union law , the authority shall follow the decisions of the administrative commission in the event of disputes between member states regarding the application of regulation no 883 / 2004 . in the interpretation of union law in all other areas covered by this regulation , the authority may perform a mediation role .


### develop common guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level ; ### develop non - binding guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as non - binding definitions and concepts , building on relevant work at the union level ; the authority does not have any regulatory power or interpretation capacity , and respects the division of powers as enshrined in the treaty .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### to ensure the efficient functioning of the authority , it is necessary for its objective , together with its tasks and responsibilities , to be clearly defined , so as to ensure complementarity of its tasks with those of existing entities . the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and cross - border provision of services , such as the transport sector . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , undeclared work and restrictions on rights and benefits , or the employment of illegally staying third - country nationals , it should report them efficiently and without undue delay and cooperate on these matters with the commission , competent union bodies , and national authorities .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to support the protection of social and employment rights of persons exercising their free movement rights and to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities and social partners in carrying out national , concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of one or more member states and upon their agreement . the authority should provide strategic , logistical , and technical support member states participating in the concerted or joint inspections in full respect of confidentiality and data protection requirements . inspections shall be carried out in agreement with the member state concerned and take place fully within the legal framework of national law of the member states on which territory the inspection is being carried out , which should follow up on the outcomes of the concerted and joint inspections according to that member state’s national law .


### in order to bring an operational dimension to the activities of existing bodies in the areas of cross - border labour mobility , the authority should take over the performance of tasks carried out by the technical committee on the free movement of workers established pursuant to regulation no 492 / 2011 , the committee of experts on posting of workers set up by commission decision 2009 / 17 / ec68 and the european platform to enhance cooperation in tackling undeclared work set up by decision 2016 / 344 of the european parliament and the council69 . with the establishment of the authority , those bodies should cease to exist . __________________ 68 commission decision 2009 / 17 / ec of 19 december 2008 setting up the committee of experts on posting of workers . 69 decision 2016 / 344 of the european parliament and of the council of 9 march 2016 on establishing a european platform to enhance cooperation in tackling undeclared work . ### in order to avoid multiplication of eu bodies , the authority should take over the performance of tasks carried out by the technical committee on the free movement of workers established pursuant to regulation no 492 / 2011 , the committee of experts on posting of workers set up by commission decision 2009 / 17 / ec68 and the european platform to enhance cooperation in tackling undeclared work set up by decision 2016 / 344 of the european parliament and the council69 . with the establishment of the authority , those bodies should cease to exist if the authority can prove to have a clear european added value compared to these existing structures . __________________ 68 commission decision 2009 / 17 / ec of 19 december 2008 setting up the committee of experts on posting of workers . 69 decision 2016 / 344 of the european parliament and of the council of 9 march 2016 on establishing a european platform to enhance cooperation in tackling undeclared work .


### provide relevant information to employers on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers ; ### in cooperation with the relevant national authorities , provide information to employers on current labour rules and other socio - economic indicators affecting levels of pay applicable to workers in cross - border labour mobility situations ;


### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation and european union agency for criminal justice cooperation . ### within the framework of their respective competences , the authority should cooperate with other agencies of the union , in particular those established in the area of employment and social policy , building on their expertise and maximising synergies , such as : the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training , the european agency for safety and health at work , and the european training foundation , as well as , as regards the fight against organised crime and trafficking in human beings , with the european union agency for law enforcement cooperation , european union agency for criminal justice cooperation and the european border and coast guard agency .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities to support a better functioning of the single market including in the areas of labour mobility and social security coordination that fall within the scope of union legislation . it should also enhance cooperation between member states in tackling fraud and undeclared work . the authority , in the course of the performance of its activities should cooperate on these matters with the member states authorities , competent union bodies and social partners where appropriate .


### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . it should also help the coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community . ### the authority should support member states in the effective application of existing rights and obligations in the area of cross - border mobility , facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system .