### the use of pesticides , should be significantly restricted . preference should be given to the application of measures that prevent any damage by pests and weeds through techniques which do not involve the use of plant protection products such as crop rotation . presence of pests and weeds should be monitored to decide whether any intervention is economically and ecologically justified . the use of certain plant protection products should be allowed if such techniques do not provide adequate protection and only if those plant protection products have been authorised in accordance with regulation no 1107 / 2009 of the european parliament and of the council28 , after having been assessed to be compatible with objectives and principles of organic production , including with restrictive conditions of use , and consequently authorised in accordance with this regulation . __________________ 28 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### the use of pesticides , should be prohibited for the purposes of organic production . preference should be given to the application of measures that prevent any damage by pests and weeds through techniques which do not involve the use of plant protection products such as crop rotation . presence of pests and weeds should be monitored to decide whether any intervention is economically and ecologically justified . the use of certain plant protection products should be allowed if such techniques do not provide adequate protection and only if those plant protection products have been authorised in accordance with regulation no 1107 / 2009 of the european parliament and of the council28 , after having been assessed to be compatible with objectives and principles of organic production , including with restrictive conditions of use , and consequently authorised in accordance with this regulation . __________________ 28 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### mass catering operations carried out by a mass caterer as defined in point of article 2 of regulation no 1169 / 2011 of the european parliament and of the council35 shall not be subject to this regulation . __________________ 35 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulations no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directives 2002 / 67 / ec and 2008 / 5 / ec and commission regulation no 608 / 2004 . ### mass catering operations for the provision of organic food products and preparations carried out by a mass caterer as defined in point of article 2 of regulation no 1169 / 2011 of the european parliament and of the council35 shall not be subject to this regulation __________________ 35 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulations no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directives 2002 / 67 / ec and 2008 / 5 / ec and commission regulation no 608 / 2004 .


### exclusion of genetic engineering , animal cloning , artificially induced polyploidy and ionising radiation from the whole organic food chain ; ### exclusion of genetic engineering , animal cloning , artificially induced polyploidy and ionising radiation and the use of antibiotics from the whole organic food chain ;


### 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 .


### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency . ### the agency should have a permanent stakeholders’ group as an advisory body , to ensure regular dialogue with the private sector , civil society and consumers’ organisations and other relevant stakeholders . the permanent stakeholders’ group , set up by the management board on a proposal by the executive director , should focus on issues relevant to stakeholders and bring them to the attention of the agency . the composition of the permanent stakeholders group and the tasks assigned to this group , to be consulted in particular regarding the draft work programme , should ensure sufficient representation of stakeholders in the work of the agency and gender balance should be pursued .


### the purpose of european cybersecurity certification schemes should be to ensure that ict products and services certified under such a scheme comply with specified requirements . such requirements concern the ability to resist , at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by , or accessible via those products , processes , services and systems within the meaning of this regulation . it is not possible to set out in detail in this regulation the cybersecurity requirements relating to all ict products and services . ict products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board . it is , therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification , complemented by a set of specific cybersecurity objectives that need to be taken into account when designing european cybersecurity certification schemes . the modalities with which such objectives will be achieved in specific ict products and services should then be further specified in detail at the level of the individual certification scheme adopted by the commission , for example by reference to standards or technical specifications . ### the purpose of european cybersecurity certification schemes should be to ensure that ict products and services certified under such a scheme comply with specified cybersecurity requirements defined on a risk assessment checklist developed by enisa . such requirements concern the ability to resist , at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by , or accessible via those products , processes , services and systems within the meaning of this regulation . it is not possible to set out in detail in this regulation the cybersecurity requirements relating to all ict products and services . ict products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board . it is , therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification , complemented by a set of specific cybersecurity objectives that need to be taken into account when designing european cybersecurity certification schemes . the modalities with which such objectives will be achieved in specific ict products and services should then be further specified in detail at the level of the individual certification scheme adopted by the commission , for example by reference to standards or technical specifications .


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


### recourse to european cybersecurity certification should remain voluntary , unless otherwise provided in union or national legislation . however , with a view to achieving the objectives of this regulation and avoiding the fragmentation of the internal market , national cybersecurity certification schemes or procedures for the ict products and services covered by a european cybersecurity certification scheme should cease to produce effects from the date established by the commission by means of the implementing act . moreover , member states should not introduce new national certification schemes providing cybersecurity certification schemes for ict products and services already covered by an existing european cybersecurity certification scheme . ### recourse to european cybersecurity certification should remain voluntary , unless otherwise provided in the present regulation or other union and national legislation . european cybersecurity certification should for instance be mandatory for ict product , processes , services and systems with high inherent risk intended for use by operators of essential services , by children , at home , in connected cars and medical devices , among others . with a view to achieving the objectives of this regulation and avoiding the fragmentation of the internal market , national cybersecurity certification schemes or procedures for the ict products and services covered by a european cybersecurity certification scheme should cease to produce effects from the date established by the commission by means of the implementing act . moreover , member states should not introduce new national certification schemes providing cybersecurity certification schemes for ict products and services already covered by an existing european cybersecurity certification scheme .


### lays down the objectives , tasks and organisational aspects of enisa , the ' eu cybersecurity agency ' , hereinafter ' the agency ' ; and ### lays down the objectives , tasks and organisational aspects of enisa , the ' eu cyber resilience agency ' , hereinafter ' the agency ' ; and


### the agency shall promote cooperation and coordination at union level among member states , union institutions , agencies and bodies , and relevant stakeholders , including the private sector , on matters related to cybersecurity . ### the agency shall promote cooperation and coordination at union level among member states , union institutions , agencies and bodies , and relevant stakeholders , including civil society organisations , including consumers’ organisations and the private sector , on matters related to cybersecurity .


### 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


### enisa shall maintain a dedicated website providing information on , and publicity of , european cybersecurity certification schemes . ### enisa shall maintain a dedicated website , complying with the directive 2016 / 2102 , providing information on , and publicity of , european cybersecurity certification schemes , the withdrawn and the expiration of any certification scheme and certified ict products , processes , services and systems .


### 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 .


### where surveillance is part of the scheme , the rules for monitoring compliance with the requirements of the certificates , including mechanisms to demonstrate the continued compliance with the specified cybersecurity requirements ; ### the rules for monitoring compliance with the requirements of the certificates , including mechanisms to demonstrate the continued compliance with the specified cybersecurity requirements ;


### to withdraw , in accordance with national law , certificates that are not compliant with this regulation or a european cybersecurity certification scheme ; ### to withdraw , in accordance with national law , certificates and ict consumers products , that are not compliant with this regulation or a european cybersecurity certification scheme ;


### not later than five years after the date referred to in article 58 , and every five years thereafter , the commission shall assess the impact , effectiveness and efficiency of the agency and its working practices and the possible need to modify the mandate of the agency and the financial implications of any such modification . the evaluation shall take into account any feedback made to the agency in response to its activities . where the commission considers that the continuation of the agency is no longer justified with regard to its assigned objectives , mandate and tasks , it may propose that this regulation be amended with regard to the provisions related to the agency . ### not later than four years after the date referred to in article 58 , and every four years thereafter , the commission shall assess the impact , effectiveness and efficiency of the agency and its working practices and the possible need to modify the mandate of the agency and the financial implications of any such modification . the evaluation shall take into account any feedback made to the agency in response to its activities . where the commission considers that the continuation of the agency is no longer justified with regard to its assigned objectives , mandate and tasks , it may propose that this regulation be amended with regard to the provisions related to the agency .


### 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


### 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 .


### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned . ### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services , online intermediation services linking hardware and applications , text and voice search and assistance services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned .


### 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 , regardless of their name or form .


### 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’ .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user , altering the ranking , or effectively removing search results . such decisions must in no way undermine competition on the market in which intermediation service providers or the services controlled by them operate . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### 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 .


### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a clear and unequivocal description of the main parameters and the weighting used to determine the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters or their weighting used to determine the ranking should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main parameters and their weighting used to determine the ranking , the description given should at least be based on actual data on the relevance of the ranking parameters used and their weighting . _________________ 23directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online or search engine services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . where online intermediation service providers use their own controls over online intermediation or search engine services to obtain technical or economic advantages for themselves or business users controlled by them and withhold such advantages from competing business users , they undermine fair market competition and adversely affect consumers by restricting choice and increasing costs . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services .


### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , associations representing business users or corporate website users , as well as certain public bodies set - up in member states , should be granted the possibility to take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner , they should meet certain criteria . considering the particular status of the relevant public bodies in member states where such bodies have been set up , it should only be required that those have been specifically charged , in accordance with the relevant rules of national law , with bringing such actions either in the collective interest of the parties concerned or in the general interest , without there being a need to apply those criteria to such public bodies . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis . ### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , the bodies accredited by the member states , should accordingly be granted the possibility to take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . because micro - enterprises are frequently individual or family - run concerns , their market behaviour may be assimilated with that of consumers . it is therefore considered appropriate to accord these enterprises the same protection as that accorded to consumers through representative actions . in particular , accredited bodies should have the right to initiate proceedings in the name and on behalf of micro - enterprises employing fewer than 10 persons and having an annual turnover or balance sheet total not exceeding eur 2 million . this exemption is in line with the relevant provisions of commission recommendation 2003 / 361 / ec and should be supported by suitably documented annual turnover and / or annual balance sheet totals for the group in order to prevent circumvention of this regulation , for example through the use of subsidiaries . in order to ensure that such accredited bodies exercise that right effectively and in an appropriate manner , they should meet certain criteria . considering the particular status of the relevant public bodies in member states where such bodies have been set up , it should only be required that those have been specifically charged , in accordance with the relevant rules of national law , with bringing such actions either in the collective interest of the parties concerned or in the general interest . member states should communicate to the commission a list of accredited entities authorised to represent business users and corporate website users in accordance with the provisions of this regulation . the commission should publish and update on its online interface a list of accredited bodies .


### this regulation shall apply to online intermediation services and online search engines provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services . ### this regulation shall apply to online intermediation services and online search engines that direct their business at business users and corporate website users , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services .


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


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services and providers of online search engines shall set out clearly and unambiguously in their terms and conditions the main parameters and how they are weighted to determine ranking .


### where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned , that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking . ### where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services or the provider of online search engines concerned , that provider of online intermediation services or of online search engines shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking .


### the description referred to in paragraph 1 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services relating to any of the following : ### the description referred to in paragraph 1 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services or the provider of online search engines relating to any of the following :


### alleged non - compliance by that provider with any legal obligations laid down in this regulation which negatively affects the complainant ; ### alleged non - compliance by that provider with any legal obligations laid down in this regulation which has an impact on the complainant ;


### 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 and online search engines shall bear a reasonable proportion of the total costs of mediation in each individual case , except where it has been shown that a business user has failed to act in good faith . 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 .


### any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process . ### any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this article shall not affect the rights of the providers of the online intermediation services and online search engines and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process .


### organisations or associations shall have the right referred to in paragraph 1 only where , at the time of bringing the action , they meet all of the following requirements : ### member states shall designate a body as a qualified entity only where , at the time of bringing the action , it meets the following criteria :


### they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent ; ### it pursues objectives that are in the collective interest of the group of business users or corporate website users that they represent ;


### they are of a non - profit making character . ### it is of a non - profit making character .


### 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 two years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee .


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


### 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 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 full compliance 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 .


### 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 .


### this regulation aims to lay down harmonised rules for the eu type - approval of engines to be installed in non - road mobile machinery , with a view to ensuring the functioning of the internal market . for these purposes , new emission limits should be established to reflect technological progress and ensure convergence with union policies in the on - road sector , with a view to achieving union air quality targets and reducing the emissions from non - road mobile machinery , thus resulting in a more proportionate share of machinery emissions in relation to road vehicle emissions . the scope of union legislation in this field should be broadened , with a view to improving market harmonisation at eu and international level and minimising the risk of market distortions . in addition , this regulation aims to simplify the current legal framework , including measures for simplifying administrative procedures , and to improve the general conditions for enforcement , in particular by strengthening the rules on market surveillance . ### this regulation aims to lay down harmonised rules for the eu type - approval of engines to be installed in non - road mobile machinery , with a view to ensuring the functioning of the internal market . for these purposes , new emission limits should be established , to be applied also to agricultural vehicles , to reflect technological progress and ensure convergence with union policies in the on - road sector , with a view to achieving union air quality targets and reducing the emissions from non - road mobile machinery and agricultural vehicles , thus resulting in a more proportionate share of machinery emissions in relation to road vehicle emissions . the scope of union legislation in this field should be broadened , with a view to improving market harmonisation at eu and international level and minimising the risk of market distortions . in addition , this regulation aims to simplify the current legal framework , including measures for simplifying administrative procedures , and to improve the general conditions for enforcement , in particular by strengthening the rules on market surveillance .


### it is appropriate to encourage the introduction of alternative fuel vehicles , which can have low nox and particulate emissions . thus , limit values for total hydrocarbons should be adapted in order to take into account non - methane hydrocarbons and methane emissions . ### it is appropriate to encourage the introduction of alternative fuel vehicles , which can have low nox , particulate and co2 emissions . thus , limit values for total hydrocarbons should include methane emissions ;


### a limited number of exemptions should be granted to address the specific needs related to armed forces , logistic supply constraints , field testing of prototypes and the use of machinery in explosive atmospheres . ### a limited number of exemptions should be granted to address the specific needs related to armed forces , emergency vehicles , field testing of prototypes and the use of machinery in explosive atmospheres .


### as a consequence , unece regulations and the amendments thereto which the union has voted in favour of or to which the union has acceded , in application of decision 97 / 836 / ec , should be recognized as equivalent to eu type - approvals granted under this regulation . accordingly , the commission should be empowered to adopt delegated acts in order to determine which unece regulations will apply to eu type - approvals . ### as a consequence , unece regulations and the amendments thereto which the union has voted in favour of or to which the union has acceded , in application of decision 97 / 836 / ec , should be recognized as equivalent to eu type - approvals granted under this regulation , where the emissions limits to be met are the same . accordingly , the commission should be empowered to adopt delegated acts in order to determine which unece regulations will apply to eu type - approvals .


### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to provide minimum harmonised standards for the certification of qualifications and to facilitate the exchange of information between member states and the implementation , monitoring and evaluation of this directive by the commission , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission as regards the setting of standards of competence , standards for medical fitness , standards for practical examinations , standards for the approval of simulators and standards defining the characteristics and conditions of use for a database kept by the commission to host a copy of key data related to union certificates of qualifications , service record books , logbooks and recognised documents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making1a . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . _____________ 1a oj l 123 , 12 . 5 . 2016 , p . 1 .


### ‘ navigation time’ means the time that deck crew members spent aboard during a journey performed by a vessel on inland waterways and validated by the competent authority ; ### ‘ navigation time’ means the time that deck crew members spent aboard during a journey performed by a vessel on inland waterways , including , within certain limits , time spent training on a simulator approved under article 19 , and validated by the competent authority ;


### training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in article 15 shall be approved by the competent authorities of the member states in whose territory the relevant education or training institute is established . ### member states may establish training programmes for persons referred to in articles 4 , 5 and 6 . member states shall ensure that such training programmes leading to diplomas or certificates demonstrating compliance with the standards of competence referred to in article 15 are approved by the competent authorities of the member states in whose territory the relevant education or training institute carries out its training programmes .


### personal data may be processed only for the purposes of : ### personal data may be processed only in accordance with the principles of personal data protection laid down in directive 95 / 46 / ec of the european parliament and of the council1a and for the purposes of : ______________ 1a directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### member states shall exchange information with the competent authorities of other member states concerning the certification of persons involved in the operation of a vessel . ### member states shall exchange information with the competent authorities of other member states concerning the certification of persons involved in the operation of a vessel . in doing so , they shall comply fully with the principles of personal data protection laid down in directive 95 / 46 / ec .


### the delegation of power referred to in articles 15 and , articles 19 , 21 and 23 and shall be conferred on the commission for an indeterminate period of time from . ### the power to adopt delegated acts referred to in articles 8 , 15 and , articles 19 , 21 and 23 and shall be conferred on the commission for a period of five years from . . . [ date of entry into force of this directive ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than six months before the end of each period .


### within one year of the entry into force of this directive , the commission shall gradually adopt delegated acts setting up : ### within one year of the entry into force of this directive , the commission shall gradually adopt delegated and implementing acts setting up :


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 3 years after the entry into force ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by . . . [ 5 years after the entry into force of this directive ] . they shall forthwith communicate to the commission the text of those provisions .


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with many challenges , such as political disaffection , polarisation , unemployment , functional illiteracy , extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values and principles , such as human rights , respect for human dignity , freedom , democracy , pluralism , tolerance , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , fair , tolerant , inclusive , plural and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social active participation and fostering the rich diversity of european society , based on our common history , memory and cultural heritage . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action as well as the right to participate in eu decision - making process through the european citizens ' initiative .


### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . civil society needs to be supported for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law . ### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working , voting , accessing to public services and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , participate in the eu decision - making process , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . civil society needs to be supported for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law .


### article 24 tfeu obliges the european parliament and the council to adopt provisions for the procedures and conditions required for a citizen ' s initiative within the meaning of article 11 of the treaty on european union . this has been done by adopting regulation [ no 211 / 2011 of the european parliament and of the council14 ] . the programme should support the financing of technical and organisational support to implement regulation [ no 211 / 2011 ] , thereby underpinning the exercise by citizens of the right to launch and support european citizens’ initiatives . _________________ 14 regulation no 211 / 2011 of the european parliament and of the council of 16 february 2011 on the citizens’ initiative . ### article 24 tfeu obliges the european parliament and the council to adopt provisions for the procedures and conditions required for a citizen ' s initiative within the meaning of article 11 of the treaty on european union . this has been done by adopting regulation [ no 211 / 2011 of the european parliament and of the council14 ] . the programme should promote and encourage the exercise by citizens of their right to launch and join european citizens’ initiatives by supporting the financing of technical and organisational support to implement regulation [ no 211 / 2011 ] . _________________ 14 regulation no 211 / 2011 of the european parliament and of the council of 16 february 2011 on the citizens’ initiative .


### to promote citizens engagement and participation in the democratic life of the union , ### to promote democracy , freedom of expression and pluralism , citizens engagement and active participation in the democratic life of the union ;


### mutual learning through exchange of good practices among stakeholders to improve knowledge and mutual understanding and civic and democratic engagement ; ### mutual learning through exchange and highlighting of good practices among stakeholders to improve knowledge and mutual understanding , civic and democratic engagement as well as to further valorise the results of the supported activities ;


### analytical and monitoring activities31 to improve the understanding of the situation in the member states and at eu level in the areas covered by the programme as well as to improve the implementation of eu law and policies ; _________________ 31 these activities include for instance the collection of data and statistics ; the development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations ; impact assessment ; the elaboration and publication of guides , reports and educational material . ### analytical and monitoring activities31 to improve the understanding of the situation in the member states and at eu level in the areas covered by the programme as well as to improve the implementation of corresponding eu law and policies ; _________________ 31 these activities include for instance the collection of data and statistics ; the development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations ; impact assessment ; the elaboration and publication of guides , reports and educational material .


### bringing together europeans of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities ; ### bringing together europeans of different nationalities and cultures by giving them the opportunity to participate in meetings , town - twinning activities and civil society projects aimed at shaping eu’s political agenda ;


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . this directive contributes to those objectives by eliminating disparities , strengthening gender equality , promoting a high level of employment and consolidating the union’s social dimension , as well as boosting upward convergence in the member states with regard to of social benefits .


### article 33 of the charter of fundamental rights of the european union provides for the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child , to reconcile family and professional life . ### article 33 of the charter of fundamental rights of the european union provides for legal , economic and social protection of the family , the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child , to reconcile family and professional life .


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### the rise of the dual - earner household has led to work intensification and greater pressures on , and demands for , work - life balance . as a result , work - life balance remains a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , elderly dependents or immediate relatives with incapacitating chronic diseases , women are obliged to work fewer hours in paid employment and spend more time fulfilling unpaid care responsibilities . this contributes substantially to the gender pay gap , which is as high as 28 % in certain member states , and accumulates over the working life into a gender pension gap , which averages 40 % in the union , and results in a higher risk of poverty and social exclusion for women . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market in part or entirely .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . there are no harmonised union rules providing for paternity leave or leave to take care of ill or dependent relatives , with the exception of absence for reasons of force majeure . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance or inadequacy in the design of work - life balance policies between women and men slows down growth , leads to a departure from the objectives of social inclusion , puts women at greater risk of poverty , especially in old age , and reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave , sufficient incentives to avail themselves of such leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment and their social , economic and professional emancipation .


### it is appropriate to repeal and replace directive 2010 / 18 / eu which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners . this directive builds , in particular , upon the rules laid down in directive 2010 / 18 / eu and complements them by strengthening existing rights and by introducing new rights . ### it is appropriate to repeal and replace directive 2010 / 18 / eu which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners . this directive builds , in particular , upon the rules laid down in directive 2010 / 18 / eu and complements them by strengthening existing rights and by introducing new rights . nothing in the proposed directive should be interpreted as diminishing previously existing rights pursuant to that directive .


### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities . by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union . ### this directive lays down minimum requirements related to paternity , parental and carers ' leave and to flexible working arrangements for parents and workers with caring responsibilities , while respecting national rules on leave and flexible working arrangements that comply with the requirements of this directive and enabling member states and the social partners to determine the specific provisions thereof . the directive fully respects the freedom and preferences of workers and families to organise their lives and does not impose on them any obligation to avail themselves of its provisions . if a wide margin of manoeuvre for decision - making is achieved at individual and national level , by facilitating the reconciliation of work and family life for parents and carers , this directive should contribute to the treaty - based goals of equality between men and women with regard to labour market opportunities , equal treatment at work and the promotion of a high level of employment in the union , as well as of a decent standard of living for workers and their families .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to establish a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for the second parent to be taken , if requested , on the occasion of the birth or adoption of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law irrespective of the seniority or the nature of the employment contract .


### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full - time . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations . ### in order to provide greater possibility for parents to use parental leave as their children grow up , the right to parental leave should be granted until the child is at least twelve years old . member states should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service , taking into particular account the requirements of micro , small , and medium - sized enterprises . in view of the growing diversity of contractual arrangements , the sum of successive fixed - term contracts with the same employer should be taken into account for the purpose of calculating the period of service . to balance the needs of workers with those of employers , member states should also determine whether the employer may be allowed to postpone the granting of parental leave under certain circumstances . in such cases , the employer should provide justification for the postponement . given that flexibility makes it more likely that second parents , in particular fathers , will take up their entitlement to such leave , workers should be able to request to take parental leave on a full - time or part - time basis or in other flexible forms . it should be up to the employer whether or not to accept such a request for parental leave in flexible forms other than full - time . member states should also adapt the conditions and detailed arrangements of parental leave to the specific needs of parents in particularly disadvantaged situations .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the workforce , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning the possibility for workers to adjust their working patterns , including through the use of remote working arrangements , flexible working schedules , or a reduction in working hours , for caring purposes , with the proviso that the necessary safeguards should always be in place in order to avert all forms of abuse . in order to address the needs of workers and employers , and of micro , small , and medium - sized enterprises in particular , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### “parental leave” means leave from work on the grounds of the birth or adoption of a child to take care of that child ; ### “parental leave” means leave from work on the grounds of the birth , adoption or award of custody of a child to take care of that child ;


### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents , parents having a disability and parents with children with a disability or long - term illness . ### member states shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be extended to meet the needs of adoptive parents , parents having a disability , single parents and parents with children with a disability or serious long - term illness . in particular , for parents of children with a disability or serious illness , as certified in accordance the member state’s health authorities , rejection of requests for parental leave shall be prohibited .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . the duration of such flexible working arrangements may be subject to a reasonable limitation . ### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , and carers , have the right to request flexible working arrangements for caring purposes . wherever possible , member states shall also provide for instruments such as teleworking and target - oriented work . for the duration of such flexible working arrangements , provision shall be made for all necessary protective measures to prevent all forms of abuse .


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , including gender - specific data on the take - up of the different types of leave set out in this directive and their impact on micro , small and medium - sized enterprises , accompanied , if appropriate , by a legislative proposal .


### when implementing the provisions of the convention at union level , it is necessary to ensure coordination and coherence with the provisions of the rotterdam convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade , which was approved by the union on 19 december 200217 and of the basel convention on the control of transboundary movements of hazardous wastes and their disposal , which was approved by the union on 1 february 199318 . this coordination and coherence should also be maintained when participating in the implementation and further development of the strategic approach to international chemicals management , adopted by the first international conference on chemicals management in dubai on 6 february 2006 within the united nations framework . _________________ 17 oj l 63 , 6 . 3 . 2003 , p . 29 . 18 oj l 39 , 16 . 2 . 1993 , p . 3 . ### when implementing the provisions of the convention at union level , it is necessary to ensure coordination and coherence with the provisions of the rotterdam convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade , which was approved by the union on 19 december 200217 ; of the basel convention on the control of transboundary movements of hazardous wastes and their disposal , which was approved by the union on 1 february 199318 ; of the minamata convention on mercury , which was approved by the union on 11 may 201718a . this coordination and coherence should also be maintained when participating in the implementation and further development of the strategic approach to international chemicals management , adopted by the first international conference on chemicals management in dubai on 6 february 2006 within the united nations framework . _________________ 17 oj l 63 , 6 . 3 . 2003 , p . 29 . 18 oj l 39 , 16 . 2 . 1993 , p . 3 . 18a oj l 142 , 2 . 6 . 2017 , p . 4 .


### obsolete or carelessly managed stockpiles of pops may seriously endanger the environment and human health through , for instance , contamination of soil and ground water . it is appropriate , therefore , to lay down stricter rules concerning the management of such stockpiles compared to those laid down in the convention . stockpiles of prohibited substances should be treated as waste , while stockpiles of substances the manufacturing or use of which is still allowed should be notified to the authorities and properly supervised . in particular , existing stockpiles which consist of or contain banned pops should be managed as waste as soon as possible . ### obsolete or carelessly managed stockpiles of pops may seriously endanger the environment and human health through , for instance , contamination of soil and ground water . it is appropriate , therefore , to lay down stricter rules concerning the management of such stockpiles compared to those laid down in the convention . stockpiles of prohibited substances should be treated as waste , while stockpiles of substances the manufacturing or use of which is still allowed should be notified to the authorities and properly supervised . in particular , existing stockpiles which consist of or contain banned pops should be managed as waste as soon as possible . if other substances are banned in the future , their stocks should also be destroyed without delay and no new stockpiles should be built up . in view of the particular problems of certain member states , adequate financial and technical assistance should be provided through existing union financial instruments .


### the convention provides that each party is to draw up and endeavour to implement , as appropriate , a plan for the implementation of its obligations under the convention . member states should provide opportunities for public participation in drawing up , implementing and updating their implementation plans . since the union and the member states share competence in that regard , implementation plans should be drawn up both at national and union level . cooperation and an exchange of information between the commission , the agency and the authorities of the member states should be promoted . ### the convention provides that each party is to draw up and endeavour to implement , as appropriate , a plan for the implementation of its obligations under the convention and transmit it to the conference of the parties as soon as possible , at the latest by . . . [ oj : please insert the date two years after the entry into force of this regulation ] . member states should provide opportunities for public participation in drawing up , implementing and updating their implementation plans . since the union and the member states share competence in that regard , implementation plans should be drawn up both at national and union level . cooperation and an exchange of information between the commission , the agency and the authorities of the member states should be promoted .


### since public awareness of the hazards that pops pose to the health of present and future generations as well as to the environment , particularly in developing countries , is often lacking , wide - scale information is needed to increase the level of caution and public understanding of the rationale for restrictions and bans . in accordance with the convention , public awareness programmes on those substances , especially for the most vulnerable groups , as well as training of workers , scientists , educators , technical and managerial personnel should be promoted and facilitated , as appropriate . ### since public awareness of the hazards that pops pose to the health of present and future generations as well as to the environment , particularly in developing countries , is often lacking , wide - scale information is needed to increase the level of caution and gain support for restrictions and bans . in accordance with the convention , public awareness programmes on those substances , on their health and environmental effects and on their alternatives , especially for the most vulnerable groups , as well as training of workers , scientists , educators , technical and managerial personnel should be promoted and facilitated , as appropriate . the union should ensure access to information and public participation , implementing the un / ece convention on access to information , public participation in decision making and access to justice in environmental matters , which was approved by the union on 17 february 20051a . _________________ 1a oj l 124 , 17 . 5 . 2005 , p . 1 .