### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party trackers’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . for web browsers and any other software enabling access to the internet or internet - based services to be able to obtain the consent of end - users as defined under regulation 2016 / 679 , for example , to the storage of third party tracking , they should , among others , require a clear affirmative action from the end - user of terminal equipment to express his or her freely given , specific , informed and explicit agreement to the storage and access of ' cookies ' or any other trackers in and from the terminal equipment . to this end , it is necessary to require providers of software enabling access to the internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . that information provided to the users shall not be written in a way that seeks to dissuade end - users from selecting the most privacy - friendly settings and should include relevant information about the risks associated to allowing third party trackers to be stored on the device , including the compilation of long - term records of individuals ' browsing histories and the use of such records to send targeted advertising or sharing that information with third parties . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to white - list certain websites or to specify for which websites party trackers are always or never allowed . in case of no active choice , or action from the user , web browsers and any other software enabling access to internet - based services should be set by default to ensure the highest degree of protection for the individual , including the rejection and blocking the storage of third party ' cookies ' or other type of trackers .


### end - users who have consented to the processing of electronic communications data as set out in point of article 6 and points and of article 6 shall be given the possibility to withdraw their consent at any time as set forth under article 7 of regulation 2016 / 679 and be reminded of this possibility at periodic intervals of 6 months , as long as the processing continues . ### end - users who have consented to the processing of electronic communications data as set out in point of article 6 and points and of article 6 shall be given the possibility to withdraw their consent at any time as set forth under article 7 of regulation 2016 / 679 . it shall be as easy to withdraw as to give consent and , furthermore , the end - user should be reminded of this possibility at periodic intervals of 6 months , as long as the processing continues .


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### the use by natural or legal persons of electronic communications services , including voice - to - voice calls , automated calling and communications systems , including semi - automated systems that connect the call person to an individual , faxes , e - mail or other use of electronic communications services for the purposes of presenting unsolicited or direct marketing communications to end - users , shall be allowed only in respect of end - users who have given their prior consent .


### the representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation . ### the representative shall be authorised by the provider to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , courts and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation and shall be provided with any relevant information to that end by the provider , to the extent that the provider does not answer the questions or provide the information directly .


### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in article 23 to of regulation 2016 / 679 or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . ### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction is limited to a range of targets based on reasonable suspicion , respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard national security , defence , public security , and the prevention , investigation , detection and prosecution of serious criminal offences or unauthorised use of electronic communication systems , and the request is done following a prior judicial authorization .


### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific and transparent purposes . ### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device ' s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities or to instigate certain technical operations or tasks , often without the knowledge of the user . information related to the end - user ' s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ' device fingerprinting ' , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users ' terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific , limited , and transparent purposes


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ‘ direct marketing communications’ means any form of advertising or similar promotion sent , directed or presented to one or more identified or identifiable end - users over an electronic communications network , including the use of automated calling and communication systems with or without human interaction , targeted advertising on social media platforms , electronic mail , facsimile , sms , etc . ;


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users ' consent . ### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . when the processing is allowed under any exception to the prohibitions under the this regulation , any other processing of the electronic communications data on the basis of article 6 of regulation 2016 / 679 should be considered as prohibited , including processing for another purpose on the basis of article 6 of that regulation . this would not prevent controllers from asking for additional consent for new processing operations . the prohibition of interception of communications data should apply also during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee and any temporary files in the network after receipt . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , and analysis of end users ' electronic communications metadata , including browsing habits without the end - users ' consent .


### if all end - users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority . ### in cases covered by point a of article 6 , the provider shall consult the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , only where there is an informed and expressed end - users consent . indeed , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users ' informed and expressed consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata , but rather genuine equipment location data . in any case , location data of the terminal device of a natural person is personal data and thus the processing of those data is subject to the obligations from the regulation 2016 / 679 . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colours to indicate the presence of individuals . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , providers must comply with the obligations from article 25 of regulation 2016 / 679 in case of further processing of location data or other metadata , conduct a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . moreover , the parties involved in the processing of location data and other metadata should make public their methods of anonymisation and further aggregation , without prejudice to secrecy safeguarded by law . the anonymisation method must , once the defined purposes of processing have been fulfilled , technically prevent all parties from singling out an end - user within a set of data or from linking new data collected from the end - user ' s device to the existing set of data .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### after receiving all relevant information about the intended processing in a clear and easily understandable language , provided separately from the terms and conditions of the provider the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to all end - users , or which are provided in order to deliver a specific functionality to the end - user concerned , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous .


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ' accept all cookies ' . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent by default the cross - domain tracking and storing of information on the terminal equipment by other parties ; this is often presented as ' reject third party trackers and cookies ' . end - users should be offered , by default , a set of privacy setting options , ranging from higher to lower and intermediate . these options may also be more fine - grained . privacy settings should also include options to allow the user to decide for example , whether flash , javascript or similar software can be executed , if a website can collect geo - location data from the user , or if it can access specific hardware such as a webcam or microphone . such privacy settings should be presented in an easily visible , objective and intelligible manner .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### after receiving all relevant information about the intended processing in a clear and easily understandable language , provided separately from the terms and conditions of the provider , the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to all end - users , or which are provided in order to deliver a specific functionality to the end - user concerned , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous .


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including information about its software and hardware and any other electronic communications data identifying end - users , other than by the end - user concerned shall be prohibited , except on the following grounds :


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### the use by natural or legal persons of electronic communications networks for the purposes of sending , directing or presenting direct marketing communications to end - users who are natural persons may be allowed only in respect of end - users who have given their prior consent .


### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally .


### threatening to commit any of the acts listed in points to . ### seriously threatening to commit any of the acts listed in points to , where the threat has been accompanied by physical manifestations of the threat .


### for an offence referred to in article 4 and title iii to be punishable , it shall not be necessary that a terrorist offence be actually committed , nor shall it be necessary to establish a link to a specific terrorist offence or , insofar as the offences in articles 9 to 11 are concerned , to specific offences related to terrorist activities . ### for an offence referred to in article 4 to be punishable , it shall not be necessary that a terrorist offence be actually committed .


### the applicant does not institute proceedings leading to a decision on the merits of the case before the competent judicial authority , within a reasonable period determined by the judicial authority ordering the measures where the law of a member state so permits or , in the absence of such determination , within a period not exceeding 20 working days or 31 calendar days , whichever is the longer ; ### the applicant does not institute proceedings leading to a decision on the merits of the case before the competent judicial authority , within a reasonable period determined by the judicial authority ordering the measures where the law of a member state so permits or , in the absence of such determination , within a period not exceeding 20 working days or 31 calendar days , whichever is the longer , commencing on the date of the ruling by the judicial authority ;


### member states shall ensure that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access . ### member states shall ensure that the parties , their representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret which the competent judicial authorities have identified as confidential after consultation of the parties and of which they have become aware as a result of such participation or access .


### 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 .


### indirect eligible costs shall be determined by applying a flat rate of 25 % of the total direct eligible costs , excluding direct eligible costs for subcontracting , financial support to third parties and any unit costs or lump sums which include indirect costs . ### where appropriate indirect eligible costs shall be determined on a case by case basis excluding direct eligible costs for subcontracting , financial support to third parties and any unit costs or lump sums which include indirect costs .


### 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 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 three 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 .


### 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 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 .


### 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 . ### indirect eligible costs shall 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 . should the beneficiary not be able to calculate indirect eligible costs on the basis of cost accounting practices referred to in article 16 , indirect eligible costs may be determined by applying a flat rate of 25% of the total direct eligible costs , excluding direct eligible costs for subcontracting , financial support to third parties and may unit costs or lump sums which include direct costs . this will be allowed when the beneficiary is an sme or in the absence of accepted practices at national level .


### 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 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 .


### 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 enable the union to apply its competence to implement a common foreign and security policy , including the progressive framing of a common defence policy , to contribute to the strategic priorities under the cfsp / csdp framework , and to foster the inclusivity , integration , interoperability , competitiveness , efficiency and innovation capacity of the technological and industrial base of the european defence sector , by supporting collaborative actions and cross - border cooperation between legal entities throughout europe , 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 life cycle of a defence product or service . it is important that more concrete proposals are put forward on how to improve the cross - border defence market access of smes and mid - caps . the fund should also contribute to the union ' s security and defence interests , to the freedom of action of the union , to its strategic , technological and industrial autonomy , as well as to the development and improvement of more advanced member states ' defence capabilities . taking more responsibility for its own security will also serve nato .


### 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 and competitiveness 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 three 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 .


### 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 number of countries involved in individual projects , 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 .


### directive 2004 / 37 / ec aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace and lays down minimum requirements to that effect including limit values , on the basis of the available scientific and technical data . ### directive 2004 / 37 / ec aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace and lays down minimum requirements to that effect including limit values , on the basis of the available scientific and technical data , which are regularly revised in the light of the scientific data that is progressively acquired . for better health and safety protection , it is vital that member states record and provide epidemiological data covering the past three decades on the incidence of cancer and of all diseases associated with exposure to carcinogens or mutagens , and the relevant mortality rate for workers in different industrial sectors .


### as a matter of principle , the general production rules of this regulation should include a prohibition on the use of ionising radiation and genetically modified organisms and products produced from or by gmos . since consumers are more and more concerned about environmental impacts of food processing and transportation , organic operators other than farmers and operators producing seaweed or aquaculture animals should be required to manage their environmental performance according to a harmonised system . with the objective of minimising the regulatory burden of micro - enterprises as defined in commission recommendation 2003 / 361 / ec27 involved in organic production , it is appropriate to exempt them from this requirement . in order to ensure the correct application of the general production rules , the power to adopt certain acts should be delegated to the commission in respect of establishing the criteria to which the environmental management system is to correspond . __________________ 27 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### as a matter of principle , the general production rules of this regulation should include a prohibition on the use of ionising radiation and genetically modified organisms and products produced from or by gmos and last - line antibiotics for the treatment of livestock ailments . since consumers are more and more concerned about environmental impacts of food processing and transportation , organic operators other than farmers and operators producing seaweed or aquaculture animals should be required to manage their environmental performance according to a harmonised system . with the objective of minimising the regulatory burden of micro - enterprises as defined in commission recommendation 2003 / 361 / ec27 involved in organic production , it is appropriate to exempt them from this requirement . in order to ensure the correct application of the general production rules , the power to adopt certain acts should be delegated to the commission in respect of establishing the criteria to which the environmental management system is to correspond . __________________ 27 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### 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 . ### without prejudice to the security obligations defined in art - 43 , a european cybersecurity certification scheme may specify one or more of the following risk - based assurance levels : functionally secure , substantially and / or highly secure , for ict products , processes , services and systems issued under that scheme . the assurance level shall be based on the checklist of risks and the corresponding cybersecurity features , identified by enisa according to art 44 , which are available in the ict product , process , service or system to which the certification scheme applies .


### 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 , enisa shall prepare a candidate european cybersecurity certification scheme which meets the requirements set out in articles 45 , 46 and 47 of this regulation . the request from the commission to prepare a candidate european cybersecurity certification scheme should be justified with one or more of the following reasons : existing cybersecurity certification schemes are fragmenting the internal market ; there is a current or foreseen need to support union ' s legislation ; there is a consensual request from member states , the european cybersecurity certification group established under article 53 or the permanent stakeholder group established under article 20 ; the european commission shall make sure that the request coming from a member state is reflective of a balanced participation of the interested parties concerned , such as industries , including smes , trade unions , civil society and consumers organisation . in this light , member states shall ensure appropriate measures to enable the parties to be consulted at national level on the process of preparing and monitoring certification schemes


### procedures for the permanent stakeholders’ group , in particular regarding the number , composition , and the appointment of its members by the management board , the proposal by the executive director and the operation of the group , shall be specified in the agency’s internal rules of operation and shall be made public . ### procedures for the permanent stakeholders’ group , in particular regarding the number , composition , and the appointment of its members by the management board , the proposal by the executive director and the operation of the group , shall be specified in the agency’s internal rules of operation and shall be made public . the procedures shall follow best practice for fair representation and equal rights for all stakeholders and shall pursue a gender balanced approach .


### the evaluation shall also assess the impact , effectiveness and efficiency of the provisions of title iii with regard to the objectives of ensuring an adequate level of cybersecurity of ict products and services in the union and improving the functioning of the internal market . ### not later than four years after the date referred to in article 58 , and every four years thereafter , the commission shall also assess the impact , effectiveness and efficiency of the provisions of title iia and iii with regard to the objectives of ensuring an adequate level of cybersecurity of ict products , processes and services in the union and improving the functioning of the internal market


### the smooth functioning of the agency requires that its executive director be appointed on grounds of merit and documented administrative and managerial skills , as well as competence and experience relevant for cybersecurity , and that the duties of the executive director be carried out with complete independence . the executive director should prepare a proposal for the agency’s work programme , after prior consultation with the commission , and take all necessary steps to ensure the proper execution of the work programme of the agency . the executive director should prepare an annual report to be submitted to the management board , draw up a draft statement of estimates of revenue and expenditure for the agency , and implement the budget . furthermore , the executive director should have the option of setting up ad hoc working groups to address specific matters , in particular of a scientific , technical , legal or socioeconomic nature . the executive director should ensure that the ad hoc working groups’ members are selected according to the highest standards of expertise , taking due account of a representative balance , as appropriate according to the specific issues in question , between the public administrations of the member states , the union institutions and the private sector , including industry , users , and academic experts in network and information security . ### the smooth functioning of the agency requires that its executive director be appointed on grounds of merit and documented administrative and managerial skills , as well as competence and experience relevant for it security , and that the duties of the executive director be carried out with complete independence . the executive director should prepare a proposal for the agency’s work programme , after prior consultation with the commission , and take all necessary steps to ensure the proper execution of the work programme of the agency . the executive director should prepare an annual report to be submitted to the management board , draw up a draft statement of estimates of revenue and expenditure for the agency , and implement the budget . furthermore , the executive director should have the option of setting up ad hoc working groups to address specific matters , in particular of a scientific , technical , legal or socioeconomic nature . the executive director should ensure that the ad hoc working groups’ members are selected according to the highest standards of expertise , taking due account of a representative and gender balance , as appropriate according to the specific issues in question , between the public administrations of the member states , the union institutions and the private sector , including industry , users , and academic experts in network and information security .


### the agency should encourage member states and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity . in particular , service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the security , including cybersecurity , of their products and services . ### the agency should encourage member states , manufacturers and service providers to raise their general security standards of their ict products , processes , services and systems which should comply with basic security obligations in line with the principle of security by design and by default , so that all internet users can be secured and incentivised to take the necessary steps to ensure their own personal cybersecurity . in particular , service providers and product manufacturers should recall , withdraw or recycle products and services that do not meet basic cybersecurity obligations , while importers and distributors should make sure that ict products , processes , services and systems they place on the eu market comply with the applicable requirements and do not present a risk to european consumers . in cooperation with competent authorities , enisa may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market , and issue warnings targeting providers , manufacturers and requiring them to improve the security , including cybersecurity , of their products , processes , services and systems .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders , including consumers ' associations , and closely cooperate with the group and the permanent stakeholder group . the group and the permanent stakeholder group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . when preparing each candidate scheme enisa shall define a checklist of risks and cybersecurity features to effectively counter those risks ;


### the agency shall promote a high level of awareness of citizens and businesses on issues related to the cybersecurity . ### the agency shall promote a high level of awareness of citizens and businesses on issues related to the cybersecurity and provide guidance on improving their cyber resilience .


### 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 risk - based assurance levels according to the context and intended use of the following ict products , processes , systems and services : basic , substantial and / or high .


### raise awareness of the public about cybersecurity risks , and provide guidance on good practices for individual users aimed at citizens and organisations ; ### raise awareness of the public about cybersecurity risks and cyber hygiene practices , and provide guidance on good practices for users aimed at citizens and organisations with the aim of improving their cyber resilience ;


### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . ### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices and ict products , processes , services and systems complying with the principle of security by design and by default , while provide end - users guidance on the best cyber hygiene practices also through awareness raising campaigns .


### the agency shall undertake the tasks assigned to it by this regulation for the purpose of contributing to a high level of cybersecurity within the union . ### the agency shall undertake the tasks assigned to it by this regulation for the purpose of achieving a high level of it security within the union .


### no later than 5 years after the date referred to in article 37 , and every 5 years thereafter , the commission shall perform an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . ### no later than 5 years after the date referred to in article 37 , and every 5 years thereafter , the commission shall perform an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the european parliament and the management board shall be consulted in the evaluation . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . if new tasks are allocated to the agency , or if the workload linked to existing tasks increases , related additional financial and human resources shall be secured to the agency .


### the translation services required for the functioning of the agency shall be provided by the translation centre of the bodies of the european union . ### the translation services required for the functioning of the agency might be provided by the translation centre of the bodies of the european union or other translation services , that respect union’s environmental , labour and social criteria .


### preparing the agency’s draft statement of estimates of revenue and expenditure and implementing its budget . ### preparing the agency’s draft statement of estimates of revenue and expenditure and implementing its budget , as part of the agency’s programming document .


### as the three so - called tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required and ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities . ### as the three tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required so that the work of the agencies does not overlap where they have similar fields of interest , while ways to enhance efficiency and synergies should be exploited and any duplication among agencies , as well as between them and the commission , concerning their mandates , objectives and activities should be avoided . in addition , where relevant , the agency should seek to engage in efficient cooperation with the commission ' s and the european parliament ' s in - house research capacities . the added value of eurofound is its unique pan - european comparable data on an extremely rich and a wide range of living and working conditions provided not only to union institutions , member states , and the social partners but also to the general public .


### the members referred to in points , and shall be appointed by the council on the basis of lists of candidates submitted by the member states , the european employers’ and employees’ organisations respectively . the commission shall appoint the members who are to represent it . ### the members referred to in points , and shall be appointed by the council on the basis of lists of candidates submitted by the member states , the european employers’ and employees’ organisations respectively . the european parliament and the commission shall appoint the members who are to represent them .


### the term of office for members and their alternates shall be four years . that term shall be extendable . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced . ### the term of office for members and alternates shall be two years . after those two years , their place shall be taken by another member to ensure a balanced and alternating representation between representatives , member state by member state . the member of the management board shall ensure that the general interests of the union and of eurofound are defended , and a balanced position maintained among the member states . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced .


### the executive director shall manage the agency . the executive director shall be accountable to the management board . ### the executive director shall manage the agency . the executive director shall be accountable to the management board . the executive director shall exercise , with respect to the staff of the agency , the powers conferred by the staff regulations on the appointing authority and by the conditions of employment of other servants on the authority empowered to conclude a contract of employment .


### the objectives of the agency shall be to increase and disseminate knowledge to assist the commission , other eu institutions and bodies , member states and social partners in shaping and implementing policies aimed at the improvement of living and working conditions , in supporting employment policies and in promoting the dialogue between management and labour . ### the objectives of the agency shall be to increase and disseminate knowledge to assist eu institutions and bodies , member states and civil society organisations , including the social partners in shaping and implementing policies aiming to develop and pursue ideas on the medium and long - term improvement of living and working conditions , in supporting employment policies and in promoting the dialogue between management and labour .


### in order to effectively protect business users where needed , this regulation should apply where the terms and conditions of a contractual relationship , regardless of their name or form , are not individually negotiated by the parties to them . whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment , whereby the fact that certain provisions thereof may have been individually negotiated is , in itself , not decisive . ### in order to effectively protect business users where needed , this regulation should apply to the terms and conditions of a contractual relationship , or provisions thereof , regardless of their name or form , that have not been individually negotiated by the parties .


### the commission shall encourage providers of online intermediation services as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in article 10 , for the specific purpose of facilitating the out - of - court settlement of disputes with business users arising in relation to the provision of those services , taking particular account of the cross - border nature of online intermediation services . ### the commission shall encourage providers of online intermediation services and online search engines as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in article 10 , for the specific purpose of facilitating the out - of - court settlement of disputes with business users arising in relation to the provision of those services , taking particular account of the cross - border nature of online intermediation services and online search engines .


### providers of online intermediation services shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint - handling system . ### providers of online intermediation services and online search engines shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint - handling system .


### access to , or conditions for use of , services that are directly connected or ancillary to the online intermediation services concerned . ### access to , or conditions for use of , services that are directly connected or ancillary to the online intermediation services or online search engines concerned .


### the requirements of this regulation regarding the internal complaint - handling systems aim at allowing providers of online intermediation services a reasonable degree of flexibility when operating those systems and addressing individual complaints , so as to minimise any administrative burden . in addition , the internal complaint - handling systems should allow providers of online intermediation services to address , where necessary , in a proportionate manner any use in bad faith which certain business users might seek to make of those systems . in cases other than any alleged non - compliance with the legal obligations of this regulation , the internal complaint - handling systems should moreover not be open to complaints involving only negligible negative effects on the business user concerned . in light of the costs of setting up and operating such systems , it is appropriate to exempt from those obligations any providers of online intermediation services which constitute small enterprises , in line with the relevant provisions of commission recommendation 2003 / 361 / ec25 . __________________ 25 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### the requirements of this regulation regarding the internal complaint - handling systems aim at allowing providers of online intermediation services a reasonable degree of flexibility when operating those systems and addressing individual complaints , so as to minimise any administrative burden . in addition , the internal complaint - handling systems should allow providers of online intermediation services to address , where necessary , in a proportionate manner any use in bad faith which certain business users might seek to make of those systems . in light of the costs of setting up and operating such systems , it is appropriate to exempt from those obligations any providers of online intermediation services which constitute small enterprises , in line with the relevant provisions of commission recommendation 2003 / 361 / ec25 . __________________ 25 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law . ### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are made public and easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law . however , mere changes to the wording that do not alter the content or meaning of the terms and conditions are not covered by the definition of ‘ change’ .


### 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 .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services or online search engines decides to restrict , suspend or terminate , in whole or in part , the provision of its services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . a statement of reasons shall also be provided in the event of a user ' s ranking worsening .


### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union’s internal market in today’s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws . ### online intermediation services and online search engines , as well as the transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union’s internal market in today’s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws .


### the commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises . ### the commission shall ensure that providers of online intermediation services and online search engines and organisations and associations representing them , as well as business users and associations representing them , draw up codes of conduct intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises .


### whether the provider of online intermediation services has access to personal data or other data , or both , which business users or consumers provide for the use of those services or which are generated through the provision of those services , and if so , to which categories of such data and under what conditions ; ### whether the provider of online intermediation services and online search engines has access to personal data or other data , or both , which business users or consumers provide for the use of those services or which are generated through the provision of those services , and if so , to which categories of such data and under what conditions and whether the data has been passed on to third parties ;


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out in detail the grounds for decisions to restrict , suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . a statement of reasons shall also be provided if the user’s ranking worsens and shall be consistent with the terms and conditions of the service .


### 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 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 clearly and unequivocally the main parameters and the weighting used to determine 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 and the weighting used to determine 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 .


### measures taken by , or behaviour of , that provider which relate directly to the provision of the online intermediation services , and which negatively affect the complainant in a non - negligible manner . ### measures taken by , or behaviour of , that provider which relate directly to the provision of the online intermediation services .


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation lays down rules to ensure that business users of online intermediation services , online search engines and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities .


### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union’s internal market in today’s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws . ### online intermediation services and online search engines , as well as the transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union’s internal market in today’s economy . the potentially unfair and harmful practices of certain providers of those services in respect of business users and corporate website users and the lack of adequate eu redress mechanisms hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws .


### 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 .


### by [ date : three years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee . ### by [ date : two years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee .


### access that the provider , or that the business users which that provider controls , may have to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services ; ### access that the provider , or that the business users which that provider controls , may have to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services or the online search engines concerned or which are generated through the provision of those services ;


### technological issues which relate directly to the provision of online intermediation services , and which negatively affect the complainant in a non - negligible manner ; ### technological issues which relate directly to the provision of online intermediation services and online search engines ;


### since the objectives of this regulation to support the free movement of workers and services and to contribute to strengthening fairness in the internal market cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objective of this regulation to contribute to eliminating the inequalities in the internal market , with regard to the free movement of workers and of services , cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of that activity and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve those objectives .


### since the objectives of this regulation to support the free movement of workers and services and to contribute to strengthening fairness in the internal market cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objective of this regulation to contribute to strengthening fairness in the internal market , in particular by improving the enforcement of the union law , cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve that objective .


### 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 .


### 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 the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may help resolve the dispute .


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . ### cases in which there are ongoing court proceedings at national or union level shall not be admissible for assistance by the authority .


### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , and two representatives of the commission . ### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , two representatives of the commission , and the union sectoral organisations that participate in the committee of experts on posting of workers and the european platform to enhance cooperation in tackling undeclared work .


### 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 . ### when applying to 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 .


### the term of office for members and their alternates shall be four years . that term shall be extendable . ### the term of office for members and their alternates shall be four years . that term shall be extendable once only .


### 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 that 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 . ### at the request of all of the member states concerned by a dispute , the authority may provide assistance with a view to resolving the dispute .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide assistance in resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to contact the authority in order to receive assistance according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .