### 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 , &#160 ; the european standardisation organisations shall prepare a candidate european cybersecurity certification scheme . 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 .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing the first draft referred to in paragraph 1 of this article , eso shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide eso with the assistance and expert advice required by eso in relation to the preparation of the candidate scheme , including by providing opinions where necessary .


### enisa shall transmit the candidate european cybersecurity certification scheme prepared in accordance with paragraph 2 of this article to the commission . ### enisa shall transmit the candidate european cybersecurity certification scheme prepared in accordance with paragraph 2 of this article to the commission . enisa shall include in the information to the commission any remarks or reservations made by members of the group .


### enisa shall transmit the candidate european cybersecurity certification scheme prepared in accordance with paragraph 2 of this article to the commission . ### enisa shall transmit without delay the candidate european cybersecurity certification scheme prepared in accordance with paragraph 2 of this article to the commission .


### detailed specification of the cybersecurity requirements against which the specific ict products and services are evaluated , for example by reference to union or international standards or technical specifications ; ### detailed specification of the cybersecurity requirements against which the specific ict products and services are evaluated , for example by reference to union or international standards or technical specifications ; certification requirements should be defined in such a way that certification can be built into or based on the producer ' s systematic security processes followed during the development and lifecycle of the product or service in question ;


### specific evaluation criteria and methods used , including types of evaluation , in order to demonstrate that the specific objectives referred to in article 45 are achieved ; ### types of conformity assessment , specific evaluation criteria and methods used , as laid down in article 4 and annex ii of decision 768 / 2008 / ec , in order to demonstrate that the specific objectives referred to in article 45 are achieved ;


### conditions for granting , maintaining , continuing , extending and reducing the scope of certification ; ### conditions for granting , maintaining , continuing , renewing , extending and reducing the scope of certification ;


### identification of national cybersecurity certification schemes covering the same type or categories of ict products and services ; ### where applicable , identification of national cybersecurity certification schemes , pursuant to article 49 , or industry - led initiatives covering the same type or categories of ict products , processes and services ;


### identification of national cybersecurity certification schemes covering the same type or categories of ict products and services ; ### identification of national or international cybersecurity certification schemes covering the same type or categories of ict products and services , security requirements and evaluation criteria and methods ;


### by the way of derogation from paragraph 3 , in duly justified cases a particular european cybersecurity scheme may provide that a european cybersecurity certificate resulting from that scheme can only be issued by a public body . such public body shall be one of the following : ### by the way of derogation from paragraph 3 , in duly justified cases , such as the assurance level high described in article 46 , a particular european cybersecurity scheme must provide that a european cybersecurity certificate resulting from that scheme can only be issued by a competent public body following an assessment conducted by an independent , notified conformity assessment body . such public body shall be one of the following :


### certificates shall be issued for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met . ### certificates shall be issued for a maximum period determined on a case by case basis for each scheme but which shall not exceed five years and may be renewed provided that the relevant requirements continue to be met .


### a european cybersecurity certificate issued pursuant to this article shall be recognised in all member states . ### a european cybersecurity certificate issued pursuant to this article shall be recognised in all member states . for the assurance level high , certificates may only be mutually recognised if they are issued by a public body as described in paragraph 4 of article 48 .


### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist . ### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products , processes and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products , processes and services not covered by a european cybersecurity certification scheme shall continue to exist . maintenance processes with minor updates shall not invalidate the certification .


### member states shall not introduce new national cybersecurity certification schemes for ict products and services covered by a european cybersecurity certification scheme in force . ### member states shall not introduce new national cybersecurity certification schemes for ict products , processes and services covered by a european cybersecurity certification scheme in force .


### cooperate with other national certification supervisory authorities or other public authorities , including by sharing information on possible non - compliance of ict products and services with the requirements of this regulation or specific european cybersecurity certification schemes ; ### cooperate with other national certification supervisory authorities or other public authorities , including by sharing information on possible non - compliance of ict products , processes and services with the requirements of this regulation or specific european cybersecurity certification schemes ;


### a conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it under this regulation , whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility . ### a conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it under this regulation , whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility . any subcontracting or consultation of external personnel shall be properly documented , shall not involve any intermediaries and shall be subject to a written agreement covering , among other things , confidentiality and conflicts of interest . the conformity assessment body in question shall take full responsibility for the tasks performed .


### the impartiality of the conformity assessment bodies , of their top - level management and of the assessment personnel shall be guaranteed . ### the impartiality of the conformity assessment bodies , of their top - level management and of the assessment personnel and subcontractors shall be guaranteed .


### the personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under this regulation or pursuant to any provision of national law giving effect to it , except in relation to the competent authorities of the member states in which its activities are carried out . ### the conformity assessment body and its personnel , committees , subsidiaries , subcontractors , and any associated body or personnel of external bodies of a conformity assessment body shall maintain confidentiality and observe professional secrecy with regard to all information obtained in carrying out their tasks under this regulation or pursuant to any provision of national law giving effect to it , except where disclosure is required by union or member stat law to which such persons are subject except in relation to the competent authorities of the member states in which its activities are carried out . proprietary rights shall be protected . the conformity assessment body shall have documented procedures in place in respect of the requirements of this section 15 .


### members of the management board and their alternates shall be appointed in light of their knowledge in the field of social and work - related policies , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board’s work . all parties shall aim to achieve a balanced representation between men and women on the management board . ### members of the management board and their alternates shall have appropriate knowledge in the field of social and work - related policies as well as relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board’s work . all parties shall aim to achieve a balanced representation between men and women on the management board .


### the executive director shall manage the agency . the executive director shall be accountable to the management board . ### the executive director shall be responsible for the overall management of the agency according to the strategic direction set by the management board and shall be accountable to the management board .


### the agency may establish local offices in one or more member states , subject to their consent and in accordance with article 11 . ### the agency may run a liaison office in brussels in accordance with article 11 .


### the agency may establish local offices in one or more member states , subject to their consent and in accordance with article 11 . ### the agency may establish a liaison office in brussels in accordance with article 11 .


### the pillar ' global challenges and industrial competitiveness ' should be established through clusters of research and innovation activities , in order to maximise integration across the respective work areas while securing high and sustainable levels of impact in relation to the resources that are expended . it will encourage cross - disciplinary , cross - sectoral , cross - policy and cross - border collaboration in pursuit of the un sdgs and the competitiveness of the union ' s industries therein . ### european research priorities extend beyond scientific ambitions . they include support for human well - being , environmental stability and economic sustainability . the pillar ' global challenges and industrial competitiveness ' should be established through clusters of research and innovation activities , in order to maximise integration across the respective work areas while securing high and sustainable levels of impact in relation to the resources that are expended . it will also facilitate the development of appropriate metrics and evaluation criteria methodologies to measure policy and programme impact on all dimensions of sustainable development , including human development .


### online intermediation services are key enablers of entrepreneurship , trade and innovation , which can also improve consumer welfare and which are increasingly used by both the private and public sectors . they offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market . they also allow consumers in the union to exploit those benefits , in particular by increasing their choice of goods and services offered online . ### online intermediation services are key enablers of digital trade and , in particular , entrepreneurship , trade and innovation , which can also improve consumer welfare and which are increasingly used by both the private and public sectors . they offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market . they also allow consumers in the union to exploit those benefits , in particular by increasing their choice of goods and services as well as by offering competitive prices&#160 ; online .


### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . ### online intermediation services can be an important element for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , as well as large traditional business users on those services in order for them to reach consumers . given that increasing interdependence , the providers of those services may have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and harmful to the legitimate interests of their businesses users or smaller providers of online intermediation services and , indirectly , also of consumers in the union .


### similarly , online search engines can be important sources of internet traffic for undertakings which offer goods or services to consumers through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the internal market . in this regard , the ranking of websites by providers of online search engines , including of those websites through which corporate website users offer their goods and services to consumers , has an important impact on consumer choice and the commercial success of those corporate website users . even in the absence of a contractual relationship with corporate website users , providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of corporate website users and , indirectly , also of consumers in the union . ### similarly , online search engines can be important sources of internet traffic for undertakings which offer goods or services to consumers through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the internal market . in this regard , the ranking of websites by providers of online search engines , including of those websites through which corporate website users offer their goods and services to consumers , has an important impact on consumer choice and the commercial success of those corporate website users . even in the absence of a contractual relationship with corporate website users , providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair , that can disrupt normal economic competition on the market , and that can be harmful to the legitimate interests of corporate website users and , indirectly , also of consumers in the union .


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


### 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 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 or of business users and corporate website users who abuse a dominant position may hamper the full realisation of that potential and negatively affect the proper functioning of the internal market and the emergence of new market participants . 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 .


### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment within the internal market by ensuring , in particular , that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines . at the same , those rules should be such as to safeguard the important innovation potential of the wider online platform economy . ### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment within the internal market by ensuring , in particular , that the business users and online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines . at the same , those rules should be such as to safeguard and strengthen the important innovation potential of the wider online platform economy .


### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment within the internal market by ensuring , in particular , that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines . at the same , those rules should be such as to safeguard the important innovation potential of the wider online platform economy . ### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment . they should promote fair and proportionate business behaviour by ensuring , in particular , that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for transparency as regards the ranking of corporate website users , especially in the search results generated by online search engines , including voice assistants . at the same time , those rules should be such as to safeguard the important innovation potential of the wider online platform economy and allow for a healthy competition . in line with the development of the sector , the european commission should examine the reinforcement of the transparency and fairness provisions set in this regulation either by sector specific legislation or a review of this regulation .


### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers located in the union at least for part of the transaction . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers . ### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers or businesses located in the union at least for part of the transaction . in accordance with union law1a , this would mean that the online intermediation services and online search engines have targeted or directed sales to consumers located in one or more member states . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers . __________________ 1a regulation no 44 / 2001 and regulation no 593 / 2008


### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers located in the union at least for part of the transaction . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers . ### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers or businesses located in the union at least for part of the transaction . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or exclusively to persons who are not consumers .


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required .


### 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 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 audiovisual or electronic communication services subject to redress , transparency and non - discrimination sector specific regulation , or to online payment services , since these 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 , or provisions thereof , regardless of their name or form , that have not been individually negotiated by the parties .


### 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 regardless of whether the provider of an online intermediation service and a business user are parties to an agreement that they individually negotiated .


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


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


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues or allow for disproportionate decision - making power of the dominant side and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship such as the provision of grounds for suspending or terminating the provision of services for business users .


### 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 . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services or online search engines can have legitimate reasons to apply restrictions or sanctions to business users , and 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 . _________________ 22 commission 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 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 description of the 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 .


### 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 / 94323 of the european parliament and of the council 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 description of the 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 parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 94323 of the european parliament and of the council when complying with this requirement to disclose the 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 .


### 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 intermediation services or online search engine itself offers certain goods or services to consumers through its own online intermediation services or online search engine , or does so through a business user which it controls , that provider may compete directly with other business or corporate website users of its services which are not controlled by the provider . in such situations , in particular , it is important to establish a general rule that the provider of online intermediation services or online search engine acts in a manner which is proportionate , transparent and not detrimental to competition . providers of online intermediation services or online search engines should make available a description of any differentiated treatment , whether through legal , commercial or technical means , including but not limited to the setting of a default option that favours the provider or online search engine or any entity it controls , that it might give in respect of goods or services it offers itself compared to those offered by business or corporate website 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 .


### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution . ### in order to enable business users , including those whose use of the relevant online intermediation services might have been restricted , suspended or terminated , to have access to immediate , proportionate , suitable and effective redress possibilities , providers of online intermediation services should provide for an effective and rapid internal complaint - handling system . that internal complaint - handling system should be transparent , simplified and non - discriminatory aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick , effective and non - discriminatory bilateral resolution .


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


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


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency , &#160 ; fairness&#160 ; and effective redress possibilities .


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


### 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 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 , have targeted or directed sales of goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services .


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


### ' terms and conditions ' means all terms , conditions , clauses and other information , irrespective of their name or form , which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services . ### ' terms and conditions ' means the terms , conditions and clauses which govern the contractual relationship between the provider of online intermediation services and their business users .


### are drafted in clear and unambiguous language ; ### are fair and proportionate , drafted in clear and unambiguous language ;


### 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 . ### if the envisaged modifications are significant these 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 .


### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . ### the notice period set out in paragraph 3 shall not apply : where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 ; if the terms and conditions have been modified in order to protect the legitimate interests of users and consumers or the operation of the online intermediation service as such ; or if a modification to the functionality , interoperability or other main performance features of the platform is necessary to protect the legitimate interests of users and consumers or the operation of the online intermediation service as such .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### subject to article 4 below , where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision .


### providers of online search engines shall set out for corporate website users the main parameters determining ranking , by providing an easily and publicly available description , drafted in clear and unambiguous language on the online search engines of those providers . they shall keep that description up to date . ### providers of online search engines shall set out for corporate website users the main parameters determining ranking of indexed websites , by providing an easily and publicly available description , drafted in clear and unambiguous language . they shall keep that description up to date .


### 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 of the operating system 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 relating to any of the following : ### the descriptions referred to in paragraphs 1 and 1a 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 engine relating to any of the following :


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


### through the description referred to in paragraph 1 , providers of online intermediation services shall adequately inform business users at least of the following : ### providers of online intermediation services shall adequately inform business users at least at least of the following :


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


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


### whether , in addition to point , a business user has access to personal data or other data , or both , including in aggregated form , provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof , and if so , to which categories of such data and under what conditions . ### whether , in addition to point , a business user or corporate website has access to personal data or other data , or both , including in aggregated form , provided by or generated through the provision of the online intermediation services or online search engine to all of the business users or corporate websites and consumers thereof , and if so , to which categories of such data and under what conditions .


### communicate to the complainant the outcome of the internal complaint - handling process , in an individualised manner and drafted in clear and unambiguous language . ### communicate to the complainant without delay the outcome of the internal complaint - handling process , in an individualised manner , giving suitable justification and drafted in clear and unambiguous language .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### independent mediation shall be voluntary and used only after redress options within the internal complaint - handling system have been exhausted . providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### 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 and business users services shall each 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 .


### in member states where such public bodies have been set up , those public bodies shall have the right referred to in paragraph 1 , where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this regulation , in accordance with the national law of the member state concerned . ### in member states where such public bodies have been set up , those public bodies shall have the right referred to in paragraph 1 , and shall be entitled to issue the required licence to an organisation or association , where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this regulation , in accordance with the national law of the member state concerned .


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


### article 2 objectives the objective of the authority shall be to contribute to ensuring fair labour mobility in the internal market . to this end , the authority shall : facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services ; support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; mediate and facilitate a solution in cases of cross - border disputes between national authorities or labour market disruptions . ### article 2 objectives the purpose of the authority shall be to contribute to promoting non - precarious and socially just mobility , in particular labour mobility and cross - border provision of services in the internal market . to this end , the authority shall : facilitate access for individuals , employers and social partners to information on their rights and obligations as well as to relevant services ; promote , improve and support cooperation between member states in their endeavours to inspire better cooperation and the consistent , efficient and effective cross - border enforcement of relevant union law , including providing technical , logistical assistance and training aiming to facilitate joint inspections ; oversee the application of union law in the area of labour mobility , as well as examine breaches of this law such as various forms of social fraud , infringements and abuse of labour mobility rights of mobile workers , including seasonal , frontier and posted workers , discrimination , fraudulent work contracts and trafficking for labour exploitation ; at the request of the member states , mediate between national authorities and help to resolve labour market disruptions , or cross - border enforcement problems , without prejudice to the diversity of national relations systems as well as the autonomy of social partners and the right to collective bargaining ; advise the commission and the member states on tackling unemployment ;


### tasks of the authority ### tasks of the agency


### the authority shall facilitate cooperation between member states and support their effective compliance with cooperation obligations , including on information exchange , as defined in union law within the scope of the authority’s competences . ### the agency shall facilitate and enhance cooperation between member states and support their effective compliance with cooperation obligations , including on information exchange , as defined in union law within the scope of the agency’s competences .


### to that end , the authority shall , upon request of national authorities , and in order to speed up exchanges between them , in particular : ### to that end , the agency shall , upon request of national authorities , in particular :


### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development . ### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation – the establishment of the platform tackling undeclared work being a good example of such cooperation – and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development .


### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development . ### the authority shall assist the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development .


### in the event that the authority , in the course of concerted or joint inspections , or in the course of any of its activities , becomes aware of suspected irregularities in the application of union law , including beyond the scope of its competences , it shall report those suspected irregularities to the commission and authorities in the member state concerned , where appropriate . ### in the event that the agency , in the course of concerted or joint inspections , or in the course of any of its activities , becomes aware of suspected irregularities in the application of union law , within the scope of its competences , it shall report those suspected irregularities to the commission and authorities in the member state concerned . it can report suspected irregularities to the commission only with the assessment and opinion provided by the member state concerned .


### in the event that the authority , in the course of concerted or joint inspections , or in the course of any of its activities , becomes aware of suspected irregularities in the application of union law , including beyond the scope of its competences , it shall report those suspected irregularities to the commission and authorities in the member state concerned , where appropriate . ### in the event that the agency , in the course of concerted or joint inspections , or in the course of any of its activities , becomes aware of suspected irregularities in the application of union law it shall report those suspected irregularities to the authorities in the member state concerned . it can report suspected irregularities to the commission only with the assessment and opinion provided by the member state concerned .


### in the event that the authority , in the course of concerted or joint inspections , or in the course of any of its activities , becomes aware of suspected irregularities in the application of union law , including beyond the scope of its competences , it shall report those suspected irregularities to the commission and authorities in the member state concerned , where appropriate . ### in the event that the authority , in the course of concerted or joint inspections , or in the course of any of its activities , becomes aware of suspected irregularities in the application of union law , it shall report those suspected irregularities to the commission and authorities in the member state concerned , where appropriate .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall , in cooperation with member states and social partners , assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity and cooperation with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the agency shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the agency shall use statistical data available from existing surveys , ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the agency may carry out focused in - depth analyses and studies based on data available to investigate specific labour mobility issues .


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the agency shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses .


### the authority shall establish cooperation arrangements with other decentralised union agencies where appropriate . ### the agency shall establish cooperation arrangements with other decentralised union agencies where appropriate .


### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation . ### the authority may set up working groups or expert panels with representatives from member states and / or from the european commission and the european parliament , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation .


### national liaison officers shall have competence under their member states’ national law to request information from the authorities concerned . ### national liaison officers shall have competence under their member states’ national law to request and receive all relevant information from the authorities concerned .


### the translation services required for the functioning of the authority shall be provided by the translation centre of the bodies of the european union . ### the translation services required for the functioning of the agency shall be provided by the translation centre of the bodies of the european union or , where necessary , by other services .


### no later than five years after the date referred to in article 51 , and every five years thereafter , the commission shall assess the authority ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the authority , and the financial implications of any such modification , including by further synergies and streamlining with agencies active in the area of employment and social policy . ### no later than three years after the date referred to in article 51 , and every five years thereafter , the commission shall assess the authority ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the authority , and the financial implications of any such modification , including by further synergies and streamlining with agencies active in the area of employment and social policy .


### to promote the implementation of the european integrated border management defined by its components in accordance with article 4 of regulation 2016 / 1624 : border control , search and rescue during border surveillance , risk analysis , cooperation between member states , inter - agency cooperation , cooperation with third countries , technical and operational measures within the schengen area related to border control and designed to address illegal immigration and to counter cross - border crime better , use of state - of - the - art technology , quality control and solidarity mechanisms , and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support . ### to promote the implementation of the european integrated border management defined by its components in accordance with article 4 of regulation 2016 / 1624 : border control , search and rescue during border surveillance , risk analysis , cooperation between member states , inter - agency cooperation and cooperation with eu ' s external action such as civilian crisis management , cooperation with third countries , technical and operational measures within the schengen area related to border control and designed to address illegal immigration and to counter cross - border crime better , use of state - of - the - art technology , quality control and solidarity mechanisms , and to ensure that it becomes an operational reality , member states should be provided with adequate union financial support .


### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across the external borders , the instrument should contribute to the development of european integrated border management that includes all the measures involving policy , law , systematic cooperation , burden - sharing , assessment of the situation and changing circumstances regarding crossing points for irregular migrants , personnel , equipment and technology taken at different levels by the competent authorities of the member states and by the european border and coast guard agency , acting in cooperation with other actors such as third countries and other eu bodies , in particular the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , europol and international organisations . ### to ensure a uniform and high - quality external border control and to facilitate legitimate travel across the external borders , the instrument should contribute to the development of european integrated border management that includes all the measures involving policy , law , systematic cooperation , burden - sharing , assessment of the situation and changing circumstances regarding crossing points for irregular migrants , personnel , equipment and technology taken at different levels by the competent authorities of the member states and by the european border and coast guard agency , acting in cooperation with other actors such as third countries and other eu bodies , in particular the european agency for the operational management of large - scale it systems in the area of freedom , security and justice , europol , eu ' s crisis management , and international organisations .


### measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the union supported through the union ' s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy related to the country or region in question . in relation to the external dimension , the instrument should target support to enhance cooperation with third countries and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the union’s migration policy and union’s security objectives . ### measures in and in relation to third countries supported through the instrument should be implemented in full synergy and coherence with and should complement other actions outside the union supported through the union ' s external financing instruments . in particular , in implementing such actions , full coherence should be sought with the principles and general objectives of the union’s external action and foreign policy related to the country or region in question . in relation to the external dimension , the instrument should target support to enhance cooperation with third countries , including through participation in civilian crisis management , and to reinforce key aspects of their border surveillance and border management capabilities in areas of interest to the union’s migration policy and union’s security objectives .


### this regulation should establish the initial amounts for member states’ programmes calculated on the basis of criteria laid down in annex i , which reflect the length and the threat levels at land and sea border sections , the workload at the airports and the consulates as well as the number of consulates . ### this regulation should establish the initial amounts for member states’ programmes calculated on the basis of criteria laid down in annex i , which reflect the length and the threat levels based on recent and historical data at land and sea border sections , the workload at the airports and the consulates as well as the number of consulates .


### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes . ### part of the available resources under the instrument could also be allocated to member states’ programmes for the implementation of specific actions in addition to their initial allocation . these specific actions should be identified at union level and should concern actions which require cooperative effort or actions necessary to address developments in the union or participation in its external action such as civilian crisis management , which require additional funding to be made available to one or more member states , such as the purchase through the national programmes of member states of technical equipment needed by the european border and coast guard agency to perform its operational activities , the modernisation of the processing of visa applications , the development of new large - scale it systems and the setting - up of interoperability between those systems . these specific actions will be defined by the commission in its work programmes .


### the financial envelope for the implementation of the instrument for the period 2021 - 2027 shall be eur 8 018 000 000 in current prices . ### the financial envelope for the implementation of the instrument for the period 2021 - 2027 shall be eur 7 087 760 000 in 2018 prices .


### eur 4 009 000 000 to the member states in accordance with the criteria in annex i ; ### eur 3 543 880 000 in 2018 prices to the member states in accordance with the criteria in annex i ;


### eur 802 000 000 to the member states for the adjustment of the allocations for the programmes as referred to in in article 13 . ### eur 708 953 000 in 2018 prices to the member states for the adjustment of the allocations for the programmes as referred to in in article 13 .


### the contribution from the union budget may be increased to 100 % of the total eligible expenditure for emergency assistance . ### the contribution from the union budget may be increased to 100 % of the total eligible expenditure for emergency assistance including participation through civilian crisis management .


### whenever a member state decides to implement projects with or in a third country with the support of the instrument , the member state concerned shall consult the commission prior to the start of the project . ### whenever a member state decides to implement projects with or in a third country with the support of the instrument , including participation in civilian crisis management , the member state concerned shall consult the commission prior to the start of the project .


### in order to ensure effective assessment of the progress of the instrument towards the achievement of its objectives , the commission shall be empowered to adopt delegated acts in accordance with article 29 to amend annex viii to review and complement the indicators where necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework , including information to be provided by the member states . ### in order to ensure effective assessment of the progress of the instrument towards the achievement of its objectives , the commission shall be empowered to adopt delegated acts in accordance with article 29 to amend annex viii to review and complement the indicators where necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework , including information to be provided by the member states . as a basis for the review , the commission shall take into account improved implementation of the projects , qualitative spending , reduction of unnecessary administrative burden , the effectiveness support to member states , and the overall priorities of the internal security fund as regards borders and visa .