### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant .


### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions . the review should also pay particular attention to whether protection of small and medium - sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified , ### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions .


### no sooner than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . ### no later than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . in the framework of that evaluation , the need to review this directive shall be considered , in particular as to whether or not new forms of unfair trading practice are to be included .


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### complaints shall be addressed to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . where the buyer is established outside the union , the complaint shall be addressed to the enforcement authority of the member state in which the supplier is located .


### to inform buyers and suppliers about its activities , by way of annual reports , which shall inter alia describe the number of complaints received and the investigations initiated and closed by it . for each investigation , the report shall contain a summary description of the matter and the outcome of the investigation . ### to publish a review of its enforcement actions and activities , by way of annual reports , which shall inter alia describe the number of complaints received and the investigations initiated and closed by it , and those still underway . for each investigation , the report shall contain a summary description of the matter and the outcome of the investigation , in line with the confidentiality rules established under national law .


### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ; ### “supplier” means any agricultural producer , food processor or any natural or legal person , established in the union , who sells food products ; the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations , associations of producer organisations or agricultural cooperatives ;


### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by organisations of producers or suppliers or associations of such organisations can serve to protect the identity of individual members of the organisation or of family farms , who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant .


### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice : ### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of the contractually agreed delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice :


### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium - sized suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the food supply chain , subject to the limits of union law applicable to the functioning of the internal market . ### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting all suppliers and buyers regardless of their size against unfair trading practices occurring in business - to - business relationships in the food supply chain , subject to the limits of union law applicable to the functioning of the internal market .


### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by producer or supplier organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant .


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the agricultural and food supply chain at the stages of production , processing , marketing , distribution and retail of agricultural or food products . the chain is by far the most important channel for delivering products . those operators trade agricultural or food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty , other food products not listed in that annex but processed from agricultural products for use as food and agricultural products .


### as unfair trading practices may occur at any stage of the sale of a food product , i . e . before , during or after a sales transaction , member states should ensure that the provisions of this directive should apply to such practices whenever they occur . ### as unfair trading practices may occur at any stage of the sale of an agricultural or food product , i . e . before , during or after a sales transaction , or in connection with the provision of sales - related services by the buyer to the supplier , member states should ensure that the provisions of this directive should apply to such practices whenever they occur .


### the relevant rules should apply to business conduct by larger , that is to say non - small and medium - sized , operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium - sized suppliers . ### the relevant rules should apply to business conduct by larger , that is to say non - small and medium - sized , operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with their suppliers . those rules should not be to the detriment of the various social formations consisting of and governed by agricultural producers , the aim of which is to promote the agricultural and food products of their members under the best possible market conditions .


### a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ; ### a buyer unilaterally cancels orders of perishable agricultural or food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ;


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the agricultural and food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are even more harmful for small and medium - sized operators in the agricultural and food supply chain . agricultural producers , who supply primary agricultural products , are often small and medium - sized .


### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ; ### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells agricultural and food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ;


### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the food products ; ### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the agricultural and food products , or the terms of payment ;


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . for the effective implementation of this directive , enforcement authorities should have the power to prohibit unfair trading practice , impose fines and sanctions and publish the results of their investigations . those powers can act as a deterrent and encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . enforcement authorities should take repeated infringements of this directive into account . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive , particularly with regard to fines and sanctions . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension .


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the agri - food supply chain at the stages of production , processing , marketing , distribution and retail of agricultural or food products . the chain is by far the most important channel for delivering products . those operators trade agricultural or food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , other food products not listed in that annex but processed from agricultural products for use as food and agricultural products .


### member states may provide for rules designed to combat unfair trading practices going beyond those set out in articles 3 , 5 , 6 and 7 , provided that such national rules are compatible with the rules on the functioning of the internal market . ### with a view to ensuring a higher level of protection , member states may maintain or introduce rules designed to combat unfair trading practices which are stricter than those set out in this directive , provided that such national rules are compatible with the rules on the functioning of the internal market . 2 . this directive shall be without prejudice to national rules aimed at combating unfair trading practices that are not within the scope of this directive , provided that such rules are compatible with the rules on the functioning of the internal market .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier to a buyer .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products , as well as to the services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the agricultural and food supply chain at the stages of production , processing , importing , exporting , marketing , distribution , retail and sale to final consumers of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade agricultural and food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty , and other food products not listed in that annex but processed from agricultural products for use as food .


### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the food supply chain . where a complainant requests that his identity remain confidential because of fear of retaliation , the enforcement authorities of the member states should honour such a request . ### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agri - food supply chain . whenever a complaint is logged the enforcement authority of the member states should guarantee that the complainant’s identity remains anonymous .


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### the legislation of that country in which the harmful act was committed , i . e . the country where the injured party has its registered office , shall apply to a market player who has engaged in unfair trading practices . the complaint must be submitted to the enforcement authority operating in the injured party ' s country .


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### complaints shall be addressed to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . where the buyer is established outside the union , the complaint shall be addressed to the enforcement authority of the member state in which the supplier is located .


### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ; ### “supplier” means any agricultural producer , food processor or any natural or legal person , established in the union , who sells food products ; the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations , associations of producer organisations or agricultural cooperatives ;


### a supplier pays for the wastage of food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier . ### a supplier pays for the wastage of agricultural or food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier ;


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . enforcement authorities should also have the power to initiate , on their own initiative or at the request of one of the parties , a rapid conciliation procedure with a predetermined maximum duration and to apply a deterrent penalty , such as imposing a fine and publishing findings from investigations , as this could promote behavioural change and pre - litigation solutions and avoid possible reputational damage . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension .


### &#8220 ; buyer&#8221 ; means any natural or legal person established in the union who buys food products by way of trade . the term ' buyer ' may include a group of such natural and legal persons ; ### ' buyer ' means any natural or legal person , irrespective of that person ' s place of establishment , who buys agricultural and food products by way of trade , for processing , distribution or retail , and / or provides services related to those products , in the union ; the term ' buyer ' may include a group of such natural and legal persons ;


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier .


### if a payment is requested by the buyer for the situations described in points , and of paragraph 2 , the buyer shall , if requested by the supplier , provide the supplier with an estimate of the payments per unit or overall , whichever is appropriate , and insofar as the situations described in points and of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate . ### if a payment is requested by the buyer for the situations described in points , and of paragraph 2 , the buyer shall provide the supplier with an estimate of the payments per unit or overall , whichever is appropriate , and insofar as the situations described in points and of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate . those estimates shall be provided in written form by the buyer and agreed by the supplier before the provision of the service concerned .


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the supply chain for food and agricultural products . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . agricultural producer organisations and agricultural cooperatives should also fall under the scope of this directive provided that their relationship with the buyer is characterized by an economic dependence due to which the supplier depends on the buyer because of the importance of the deliveries to the buyer in terms of quantity , the buyer ' s reputation , its market share or the absence of sufficient alternative sales possibilities .


### member states shall ensure that the following trading practices are prohibited : ### member states shall ensure that at least the following unfair trading practices are prohibited :


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a pecuniary fine or other sanctions on the author of the infringement , in accordance with national law the fine and the other sanctions shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement ;


### as unfair trading practices may occur at any stage of the sale of a food product , i . e . before , during or after a sales transaction , member states should ensure that the provisions of this directive should apply to such practices whenever they occur . ### as unfair trading practices may occur at any stage of the sale of an agricultural or food product , i . e . before , during or after a sales transaction , or in connection with the provision of services by the buyer to the supplier , member states should ensure that the provisions of this directive should apply to such practices whenever they occur .


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the agricultural and food supply chain at the stages of production , processing , marketing , distribution and retail of agricultural or food products . the chain is by far the most important channel for delivering products . those operators trade agricultural or food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty , other food products not listed in that annex but processed from agricultural products for use as food and agricultural products .


### the enforcement authority shall ensure , if so requested by the complainant , the confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for confidentiality . ### the enforcement authority shall ensure the confidentiality of the identity of the complainant , as well as other information in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information .


### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions . the review should also pay particular attention to whether protection of small and medium - sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified , ### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions .


### member states shall ensure that the enforcement authority is properly equipped and shall confer on it the following powers : ### member states shall ensure that the enforcement authorities are properly equipped and shall confer on them the following powers :


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should ensure the fair and proper functioning of the agricultural and food supply chain and promptly terminate a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines or other sanctions and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing all relevant information and assisting in investigations which have a cross - border dimension .


### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the food supply chain . where a complainant requests that his identity remain confidential because of fear of retaliation , the enforcement authorities of the member states should honour such a request . ### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agri - food supply chain . whenever a complaint is logged the enforcement authority of the member states should ensure that the complainant’s identity remains anonymous .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . for the effective implementation of this directive , enforcement authorities should have the power to prohibit unfair trading practice , impose fines and sanctions and publish the results of their investigations . those powers can act as a deterrent and encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . enforcement authorities should take repeated infringements of this directive into account . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive , particularly with regard to fines and sanctions . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension .


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### complaints shall be addressed to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . where the buyer is established outside the union , the complaint shall be addressed to the enforcement authority of the member state in which the supplier is located .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . for the effective implementation of this directive , enforcement authorities should have the power to outlaw a prohibited unfair trading practice , impose fines , sanctions and publish the results of investigations . these powers can act as a deterrent and encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . enforcement authorities should take repeated infringements of this directive into account . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive , particularly with regard to fines and sanctions . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the purchase of agricultural and food products by a buyer from a supplier and the subsequent sale of these products .


### by derogation from article 237 of the financial regulation , external experts may be selected without a call for expressions of interest , if justified and the selection is carried out in a transparent manner . ### by derogation from article 237 of the financial regulation , external experts of proven independence may be selected without a call for expressions of interest , if deemed appropriate and in duly justified cases , and if the selection is carried out in a transparent manner .


### innovation actions : up to 70 % of the total eligible costs , except for non - profit legal entities where the programme may reimburse up to 100 % of the total eligible costs ; ### innovation actions : up to 70% of the total eligible costs , except for non - profit legal entities , secondary and higher education establishments , research organisations and smes , where the programme may reimburse up to 100 % of the total eligible costs ;


### project - based remuneration means remuneration that is linked to the participation of a person in projects , is part of the beneficiary’s usual remuneration practices and is paid in a consistent manner . ### project - based remuneration means remuneration that is linked to the participation of a person in projects and is paid in a consistent manner .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . ### acknowledging climate change as one of the biggest global and societal challenges , and reflecting the importance of urgent action to tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute actively to mainstream climate actions and to the achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives .


### open access to research data shall be the general rule under the terms and conditions laid down in the grant agreement , but exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , security rules or intellectual property rights . ### with regard to the dissemination of research data , the grant agreement shall , in the context of fair open access to and the preservation of research data , lay down terms and conditions under which fair access to such results shall be provided , ensuring robust and simple opt - outs following the principle “as open as possible , as closed as necessary” . exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , privacy , confidentiality , security rules , trade secrets , legitimate commercial interests or intellectual property rights or union’s external competitiveness .


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the role of research and innovation in achieving growth , sustainable development and in developing , supporting and implementing union policies , objectives and commitments , and support equitable access to and the uptake of innovative solutions in industry and society to address global challenges and improve people ' s well - being ;


### in the case of institutionalised european partnerships , the financial and / or in - kind , contributions from partners other than the union , will at least be equal to 50% and may reach up to 75% of the aggregated european partnership budgetary commitments . for each institutionalised european partnership , a share of the contributions from partners other than the union will be in the form of financial contributions . ### in the case of institutionalised european partnerships , the financial and / or in - kind , contributions from partners other than the union , will at least be equal to 50% , in the case of partnerships between the european union and private partners , and may reach up to 75% , in the case of partnerships which also involve the member states , of the aggregated european partnership budgetary commitments .


### participation in and financial contribution to research and innovation programmes undertaken by several member states in accordance with article 185 tfeu , or by bodies established pursuant to article 187 tfeu , such as joint undertakings , or by the eit knowledge and innovation communities in compliance with the [ eit regulation ] , to be implemented only where other forms of european partnerships would not achieve the objectives or would not generate the necessary expected impacts , and if justified by a long - term perspective and high degree of integration including central management of all financial contributions . ### participation in and financial contribution to research and innovation programmes undertaken by several member states in accordance with article 185 tfeu , or by bodies established pursuant to article 187 tfeu , such as joint undertakings , or by the eit knowledge and innovation communities in compliance with the [ eit regulation ] , to be implemented only where other forms of european partnerships would not achieve the objectives or would not generate the necessary expected impacts , and if justified by a long - term perspective and high degree of integration .


### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; disaster - resilient societies ; protection and security ; cybersecurity . ### areas of intervention : democracy ; cultural heritage ; social and economic transformations ; gender equality ; disaster - resilient societies ; civil protection and security ; cybersecurity .


### eur 10 000 000 000 for cluster ' food and natural resources ' ; ### eur 13 000 000 000 for cluster ' food , natural resources sea and oceans ' ;


### eur 15 000 000 000 for cluster ' digital and industry ' ; ### eur 25 000 000 000 for cluster ' digital , industry and space ' ;


### horizon europe activities shall be primarily delivered through calls for proposals , some of which organised as parts of missions and european partnerships . ### horizon europe activities shall be delivered through calls for proposals , some of which organised as parts of missions and european partnerships , except for the activities mentioned in article 39 on prizes .


### be centered on ambitious but realistic research and innovation activities ; ### be centered on ambitious , excellence - driven , but realistic research and innovation activities across various stages of development , involving fundamental and applied research as appropriate ;


### eur 3 000 000 000 for the european institute of innovation and technology ; ### 3 , 188 % of the amount referred to in the first sentence of paragraph1 , for the european institute of innovation and technology ;


### it is the union ' s objective to strengthen its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities to deliver on the union ' s strategic priorities , which ultimately aim at promoting peace , the union ' s values and the well - being of its peoples . ### it is the union ' s objective to promote the sustainable progress and the resilience of its society by strengthening its scientific and technological bases , encourage its competitiveness , including in its industry , and at the same time achieving a free movement european research area in which researchers , scientific knowledge and technology circulate without barriers , while promoting all research and innovation activities to deliver on the union ' s strategic priorities , which ultimately aim at promoting peace , sustainable development , the union ' s values and the well - being of its peoples .


### eur 400 000 000 for ' reforming and enhancing the european r&i system ' . ### eur 995 000 000 for ' reforming and enhancing the european r&i system ' ;


### horizon europe is designed to be implemented in synergy with other union funding programmes . a non - exhaustive list of synergies with other union funding programmes is included in annex iv . ### horizon europe is designed to be implemented in synergy with other union funding programmes . a non - exhaustive list of synergies with other union funding this programmes is included in annex iv .


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to societal challenges ;


### resources allocated to member states under shared management and transferrable in accordance with article 21 of regulation xx [ …common provisions regulation ] may , at their request , be transferred to the programme . the commission shall implement those resources directly in accordance with point of article 62 of the financial regulation or indirectly in accordance with point of that article . where possible , those resources shall be used for the benefit of the member state concerned . ### resources allocated to member states under shared management from the european regional development fund and the european social fund + may , in justified cases , at the request of a member state , be transferred to specific projects under the programme , under the condition that they contribute to the objectives of the programme from which the transfer stems . the commission shall implement those resources directly in accordance with point of article 62 of the financial regulation or indirectly in accordance with point of that article . those resources shall be used for the benefit of the member state concerned .


### horizon europe and eic blended finance shall be provided in a manner that does not distort competition . ### programme blended finance shall be provided in a manner that does not distort competition .


### eur 25 800 000 000 for pillar i ' open science ' for the period 2021 - 2027 , of which ### eur 29 200 000 000 for the period 2021 - 2027 , of which


### eur 10 000 000 000 for cluster ' food and natural resources ' ; ### eur 16 000 000 000 for cluster ' food and natural resources from land and sea ' ;


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , technological , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union , and foster eu competitiveness , including in its industry , deliver on the union strategic priorities and policies , contribute to tackling global societal challenges , as set out in the sustainable development goals , and achieve a balanced european research area . the objectives will take into consideration societal concerns and implications to contribute to a knowledge - based learning society and strengthen shared values , acceptance of scientific insights and social cohesion .


### ' mission ' means a portfolio of actions intended to achieve a measurable goal within a set timeframe , and impact for science and technology and / or society and citizens that could not be achieved through individual actions ; ### ' mission ' means a portfolio of actions , which can be cross - cluster , intended to achieve a measurable goal within a set timeframe , and impact for science and technology and / or society and citizens that could not be achieved through individual actions ;


### cluster ' food and natural resources ' ; ### cluster ' food , natural resources , seas and oceans ' ;


### horizon europe is designed to be implemented in synergy with other union funding programmes . a non - exhaustive list of synergies with other union funding programmes is included in annex iv . ### horizon europe shall be implemented in synergy with other union funding programmes . a non - exhaustive list of synergies with other union funding programmes is included in annex iv of this regulation .


### open science practices beyond open access to research outputs and responsible management of research data shall be promoted . ### when appropriate , open science practices beyond open access to scientific publications and research data and responsible management of research data shall be promoted .


### the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions . ### the action may also be terminated where expected results have lost their relevance for both the union and the stakeholders due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions .


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to promote scientific and technological excellence ; support the creation and diffusion of high - quality new knowledge , skills , technologies ; contribute to addressing and solutions to global challenges ; and strengthen the european knowledge base ;


### the work programme or rules of contest may include obligations regarding communication , exploitation and dissemination . ### the work programme or rules of contest shall include obligations regarding communication , visibility , exploitation and dissemination .


### the programme should maintain a balanced approach between bottom - up and top - down funding , according to the nature of the research and innovation communities that are engaged , the types and purpose of the activities carried out and the impacts that are sought . the mix of these factors should determine the choice of approach for the respective parts of the programme , all of which contribute to all of the programme’s general and specific objectives . ### the programme should maintain a balanced approach between bottom - up , top - down and territorially balanced funding , according to the nature of the research and innovation communities that are engaged , the types and purpose of the activities carried out and the impacts that are sought . the mix of these factors should determine the choice of approach for the respective parts of the programme , all of which contribute to all of the programme’s general and specific objectives .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness in all member states , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , as embedded in the paris agreement and the sustainable development goals .


### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up , an sme or as a mid - cap , established in a member state or associated country . the proposal may be submitted by the beneficiary , or by one or more natural persons or legal entities intending to establish or support that beneficiary . ### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up or as an sme , established in a member state or associated country . the proposal shall be submitted by the beneficiary , or by one or more natural persons or legal entities intending to establish that beneficiary .


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the eu added value of rdi funding and the impact of research and innovation in developing , supporting and implementing union policies , including cohesion policy , objectives and in fulfilling commitments , in particular the un sdgs and the paris agreement , as well as to support the uptake of innovative solutions in industry , with a focus on smes , and society to address global challenges and significantly improve the quality of life of citizens ;


### may receive support from the european regional development fund , the cohesion fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , provided that such actions are consistent with the objectives of the programme concerned . the rules of the fund providing support shall apply . ### may receive support , on a voluntary basis , from the european regional development fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , under the conditions that they contribute to the objectives of the funds , where the funding stems from ; and provided that such actions are consistent and in line with the objectives of the programme concerned . the rules of the fund providing support shall apply , with the exception of the co - financing rate , where the co - financing rate of the programme shall apply .


### eur 10 500 000 000 for the european innovation council , including up to eur 500 000 000 for european innovation ecosystems ; ### 51% for the european innovation council , including up to 0 . 42% for european innovation ecosystems ;


### open access to research data shall be the general rule under the terms and conditions laid down in the grant agreement , but exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , security rules or intellectual property rights . ### with regard to the dissemination of research data , the grant agreement shall , in the context of fair open access to and the preservation of research data , lay down terms and conditions under which fair access to such results shall be provided , ensuring robust and simple opt - outs following the principle “as open as possible , as closed as necessary” . exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , privacy , confidentiality , security rules , trade secrets , legitimate commercial interests or intellectual property rights or union’s external competitiveness .


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in constant prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### may receive support from the european regional development fund , the cohesion fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , provided that such actions are consistent with the objectives of the programme concerned . the rules of the fund providing support shall apply . ### may receive support from the european regional development fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , and they will be exempted from the second evaluation process , under the conditions that the project contributes to the objectives of the funds , where the additional funding stems from ; and provided that such actions are consistent and complementary to the objectives of the programme concerned . the rules of the fund receiving support shall apply .


### to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; ### to foster all forms of innovation , including breakthrough economic , social and technological innovation , and strengthen market deployment of innovative solutions ;


### cluster ' inclusive and secure society ' ; ### cluster ' inclusive society ' ;


### cluster ' inclusive and secure society ' ; ### cluster ' inclusive and creative society ' ;


### eur 25 800 000 000 for pillar i ' open science ' for the period 2021 - 2027 , of which ### eur 91 700 000 000 for pillar i excellent science ' for the period 2021 - 2027 , of which


### eur 15 000 000 000 for cluster ' digital and industry ' ; ### eur 16 900 000 000 for cluster ' climate , industry and space out of witch eur 2 000 000 000 for space


### eur 1 700 000 000 for ' sharing excellence ' ; ### 00% for ' spreading excellence and widening participation across the european union ' ;


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to promote , spread and develop scientific excellence ; support the creation and diffusion of high - quality new knowledge , skills , technologies ; contribute to addressing global challenges ; and strengthen the european knowledge base ;


### the scope of association of each third country to the programme shall take into account the objective of driving economic growth in the union through innovation . accordingly , with the exception of eea members , acceding countries , candidate countries and potential candidates , parts of the programme may be excluded from an association agreement for a specific country . ### the scope of association of each third country to the programme shall take into account the objective of driving economic , cultural , social or environmental development in the union through research and innovation . accordingly , with the exception of eea members , acceding countries , candidate countries and potential candidates , parts of the programme may be excluded from an association agreement for a specific country .


### cluster ' health ' : improving and protecting the health of citizens at all ages , by developing innovative solutions to prevent , diagnose , monitor , treat and cure diseases ; mitigating health risks , protecting populations and promoting good health ; making public health systems more cost - effective , equitable and sustainable ; and supporting and enabling patients ' participation and self - management . ### cluster ' health ' : improving and protecting the health of citizens at all ages , by developing innovative , effective , safe and accessible solutions , including through policy research , to prevent , diagnose , monitor , treat and cure diseases , including diseases associated with high mortality and long - term morbidity ; mitigating health risks , protecting populations and promoting good health ; making public health systems more cost - effective , person - centred , equitable and sustainable ; and supporting and enabling patients ' participation and self - management .


### in the case of institutionalised european partnerships , the financial and / or in - kind , contributions from partners other than the union , will at least be equal to 50% and may reach up to 75% of the aggregated european partnership budgetary commitments . for each institutionalised european partnership , a share of the contributions from partners other than the union will be in the form of financial contributions . ### in the case of institutionalised european partnerships , the financial and / or in - kind , contributions from partners other than the union , will at least be equal to 50% , in the case of partnerships between the european union and private partners , and may reach up to 75% , in the case of partnerships which also involve the member states , of the aggregated european partnership budgetary commitments .


### “background” means any data , know - how or information whatever its form or nature , tangible or intangible , including any rights such as intellectual property rights , that is : held by beneficiaries prior to their accession to the action ; identified by the beneficiaries in writing in any manner as needed for implementing the action or for exploiting its results ; ### “background” means any data , know - how or information whatever its form or nature , tangible or intangible , including any rights such as intellectual property rights , that is : held by beneficiaries prior to their accession to the action and identified by the beneficiaries in a written agreement as needed for implementing the action or for exploiting their results ;


### in addition to the criteria set out in article 197 of the financial regulation , for beneficiaries with project - based remuneration , costs of personnel are eligible up to the remuneration that the person is paid for work in similar projects funded by national schemes . ### by derogation from the criteria set out in article 197 of the financial regulation , for beneficiaries with project - based remuneration , costs of personnel are eligible based on unique remuneration calculated at the european union level for researchers participating in the programme , in accordance with the principle ”equal pay for equal work” .


### in actions under the cluster ‘ inclusive and secure society’ , area of intervention ‘ protection and security’ , beneficiaries having received union funding shall also grant access to their results on a royalty - free basis to member states ' national authorities , for developing , implementing and monitoring their policies or programmes in that area . access shall be limited to non - commercial and non - competitive use and shall be granted upon bilateral agreement defining specific conditions aimed at ensuring that those rights will be used only for the intended purpose and that appropriate confidentiality obligations will be in place . the requesting member state , union institution , body , office or agency shall notify all member states of such requests . ### in actions under the cluster ‘ secure society’ , area of intervention ‘ protection and security’ , beneficiaries having received union funding shall also grant access to their results on a royalty - free basis to member states ' national authorities , for developing , implementing and monitoring their policies or programmes in that area . access shall be limited to non - commercial and non - competitive use and shall be granted upon bilateral agreement defining specific conditions aimed at ensuring that those rights will be used only for the intended purpose and that appropriate confidentiality obligations will be in place . the requesting member state , union institution , body , office or agency shall notify all member states of such requests .


### coordination and support actions may be implemented by one or more legal entities , which may be established in a member state , associated country or in another third country . ### support actions may be implemented by one or more legal entities , which may be established in a member state or associated country .


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to promote scientific and technological excellence ; support the creation and diffusion of high - quality new knowledge , skills , technologies ; contribute to addressing and solutions to global challenges ; and strengthen the european knowledge base ;


### open access to scientific publications resulting from research funded under the programme shall be ensured in accordance with article 35 . open access to research data shall be ensured in line with the principle ' as open as possible , as closed as necessary ' . open access to other research outputs shall be encouraged . ### open access to scientific publications resulting from research funded under the programme shall be ensured in accordance with article 35 . open access to research data shall be ensured in line with the principle ' as open as possible , as closed as necessary ' .


### with the aim of deepening the relationship between science and society and maximising benefits of their interactions , the programme should engage and involve citizens and civil society organisations in co - designing and co - creating responsible research and innovation agendas and contents , promoting science education , making scientific knowledge publicly accessible , and facilitating participation by citizens and civil society organisations in its activities . it should do so across the programme and through dedicated activities in the part ' strengthening the european research area ' . the engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the programme . the programme should also seek to remove barriers and boost synergies between science , technology , culture and the arts to obtain a new quality of sustainable innovation . ### with the aim of deepening the relationship between science and society and maximising benefits of their interactions , the programme should actively and systematically engage and involve citizens and civil society organisations in co - designing and co - creating responsible research and innovation agendas and contents , promoting science education , making scientific knowledge publicly accessible , and facilitating participation by citizens and civil society organisations in its activities . it should do so across the programme , through multi - actor approaches , and through dedicated activities in the part ' strengthening the european research area ' . the engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the programme . the programme should also seek to remove barriers and boost synergies between science , technology , culture and the arts to obtain a new quality of sustainable innovation ;


### the pillar ' open innovation ' should establish a series of measures for integrated support to the needs of entrepreneurs and entrepreneurship aiming at realising and accelerating breakthrough innovation for rapid market growth . it should attract innovative companies with potential for scaling up at international and at union level and offer fast , flexible grants and co - investments , including with private investors . these objectives should be pursued through the creation of a european innovation council . this pillar should also support the european institute of innovation and technology and european innovation ecosystems at large , notably through co - funding partnerships with national and regional innovation support actors . ### the pillar ' innovative europe ' should establish a series of measures for integrated support to the needs of entrepreneurs and entrepreneurship aiming at realising and accelerating breakthrough innovation for rapid market growth as well as promoting eu’s technological autonomy in strategic areas . it should attract innovative companies , including smes and start - ups , with potential for scaling up at international and at union level and offer fast , flexible grants and co - investments , including with private investors . these objectives should be pursued through the creation of a european innovation council . this pillar should also support the european institute of innovation and technology and european innovation ecosystems at large , within the whole eu , notably through co - funding partnerships with national and regional innovation support actors .


### eur 10 000 000 000 for cluster ' food and natural resources ' ; ### 10 , 627 % of the amount referred to in the first sentence of paragraph 1 , for cluster ' sustainable food , environment and natural resources ' ;


### to deliver scientific , economic and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry and society to address global challenges and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area . ### to deliver scientific , economic , climate and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies and commitments , to support the uptake of innovative solutions in industry and society to address global challenges , including those embodied by the un sustainability goals and in the paris agreement on climate change and promote industrial competitiveness , to stimulate economic growth , job creation and higher quality of life ; to foster all forms of innovation , including incremental , breakthrough and non technological innovation , and strengthen market deployment of innovative and sustainable solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area , placing special emphasis on young researchers and developers , and strengthening the value of the eu , notably for smes and start - ups , and promoting its technological autonomy in strategic areas .


### to optimise the programme ' s delivery for increased impact within a strengthened european research area . ### to optimise the programme ' s delivery for increased impact within a strengthened and balanced european research area ;


### resources allocated to member states under shared management and transferrable in accordance with article 21 of regulation xx [ …common provisions regulation ] may , at their request , be transferred to the programme . the commission shall implement those resources directly in accordance with point of article 62 of the financial regulation or indirectly in accordance with point of that article . where possible , those resources shall be used for the benefit of the member state concerned . ### resources allocated to member states under shared management from the european regional development fund and the european social fund + may , in justified cases , at the request of a member state , be transferred to specific projects under the programme , under the condition that they contribute to the objectives of the programme from which the transfer stems . the commission shall implement those resources directly in accordance with point of article 62 of the financial regulation or indirectly in accordance with point of that article . those resources shall be used for the benefit of the member state concerned .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , technological , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union , and foster its competitiveness in all member states and the regions of the union , including in its industry , deliver on the union strategic priorities , contribute to tackling global societal challenges , as set out in the sustainable development goals , and achieve a balanced european research area .


### part ' strengthening the european research area ' , pursuing the specific objective set out in article 3 and also supporting the specific objectives set out in article 3 , and , with the following components : ### cross - cutting part ' strengthening the european research area ' , pursuing the specific objective set out in article 3 and also supporting the specific objectives set out in article 3 , , and , with the following components :


### the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions . ### the action may also be terminated where expected results have lost their relevance for both the union and the stakeholders due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions .


### participation in and financial contribution to research and innovation programmes undertaken by several member states in accordance with article 185 tfeu , or by bodies established pursuant to article 187 tfeu , such as joint undertakings , or by the eit knowledge and innovation communities in compliance with the [ eit regulation ] , to be implemented only where other forms of european partnerships would not achieve the objectives or would not generate the necessary expected impacts , and if justified by a long - term perspective and high degree of integration including central management of all financial contributions . ### participation in and financial contribution to research and innovation programmes undertaken by several member states in accordance with article 185 tfeu , or by bodies established pursuant to article 187 tfeu , such as joint undertakings , innovation groups , or by the eit knowledge and innovation communities in compliance with the [ eit regulation ] , to be implemented only where other forms of european partnerships would not achieve the objectives or would not generate the necessary expected impacts , and if justified by a long - term perspective and high degree of integration including central management of all financial contributions .


### eur 52 700 000 000 for pillar ii ' global challenges and industrial competitiveness ' for the period 2021 - 2027 , of which ### eur 62 700 000 000 for pillar ii ' global challenges and european industrial competitiveness ' for the period 2021 - 2027 , of which


### entities shall be part of a consortium that shall include at least three independent legal entities each established in a different member state or associated country and with at least one of them established in a member state , unless : ### entities shall be part of a consortium that shall include at least three independent legal entities each established in a different member state , overseas country or territory belonging to a member state or associated country and with at least one of them established in a member state or an overseas country or territory belonging to a member state , unless :


### pillar i ' open science ' , pursuing the specific objective set out in article 3 and also supporting specific objectives set out in article 3 and , with the following components : ### pillar i ' excellent science ' , pursuing the specific objective set out in article 3 and also supporting specific objectives set out in article 3 and , with the following components :


### pillar i ' open science ' , pursuing the specific objective set out in article 3 and also supporting specific objectives set out in article 3 and , with the following components : ### pillar i ' excellent and open science ' , pursuing the specific objective set out in article 3 and also supporting specific objectives set out in article 3 and , with the following components :


### spark activity across disciplines , sectors and actors ; ### spark activity and boost synergies across disciplines , sectors and actors , and strengthen links between inputs and outputs ;


### cluster ' food and natural resources ' ; ### cluster ' agriculture , food and natural resources ' ;


### eur 2 800 000 000 for cluster ' inclusive and secure society ' ; ### eur 2 900 000 000 for cluster ' inclusive and secure society ' ;


### eur 52 700 000 000 for pillar ii ' global challenges and industrial competitiveness ' for the period 2021 - 2027 , of which ### 57 , 521 % of the amount referred to in the first sentence of paragraph 1 , for pillar ii ' global challenges and industrial competitiveness ' for the period 2021 - 2027 , of which at least 60% shall be dedicated to addressing global challenges as embedded in the paris agreement and the un sdgs , of which


### the contractor generating results in pre - commercial procurement shall own at least the attached intellectual property rights . the contracting authorities shall enjoy at least royalty - free access rights to the results for their own use and the right to grant , or require the participating contractors to grant , non - exclusive licences to third parties to exploit the results for the contracting authority under fair and reasonable conditions without any right to sub - license . if a contractor fails to commercially exploit the results within a given period after the pre - commercial procurement as identified in the contract , the contracting authorities can require it to transfer any ownership of the results to the contracting authorities . ### the contractor generating results in pre - commercial procurement shall own at least the attached intellectual property rights . the contracting authorities shall royalty - free access rights to the results for their own use . if a contractor fails to commercially exploit the results within a given period after the pre - commercial procurement as identified in the contract , the contracting authorities shall consult with the contractor and investigate the reasons for such lack of exploitation . after such consultation , the contracting authority can require it to transfer any ownership or licence of the results to the contracting authorities .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , technological , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union , and foster eu competitiveness , including in its industry , deliver on the union strategic priorities and policies , contribute to tackling global societal challenges , as set out in the sustainable development goals , and achieve a balanced european research area . the objectives will take into consideration societal concerns and implications to contribute to a knowledge - based learning society and strengthen shared values , acceptance of scientific insights and social cohesion .


### by derogation from article 203 of the financial regulation , a certificate on the financial statements shall be mandatory at payment of the balance , if the amount claimed as actual costs and unit costs calculated in accordance with usual cost accounting practices is equal to or greater than eur 325 000 . ### by derogation from article 203 of the financial regulation , a certificate on the financial statements shall be mandatory at the final financial report , if the amount claimed as actual costs and unit costs calculated in accordance with usual cost accounting practices is equal to or greater than eur 325 000 .


### the current system of reimbursement of actual personnel costs should be further simplified building on the project - based remuneration approach developed under horizon 2020 and further aligned to the financial regulation . ### the current system of reimbursement of actual personnel costs should be further simplified , aiming at closing the remuneration gap among eu researchers involved in the programme , including through acceptance of national accounting practices .


### eur 2 800 000 000 for cluster ' inclusive and secure society ' ; ### eur 1 800 000 000 for cluster ' inclusive and creative society ' ;


### unless the work programme provides otherwise , proposals shall include a plan for the exploitation and dissemination of the results . if the expected exploitation entails developing , creating , manufacturing and marketing a product or process , or in creating and providing a service , the plan shall include a strategy for such exploitation . if the plan provides for exploitation primarily in non - associated third countries , the legal entities shall explain how that exploitation is still in the union interest . ### unless the work programme provides otherwise , proposals shall include a plan for the exploitation and dissemination of the results . if the expected exploitation entails developing , creating , manufacturing and marketing a product or process , or in creating and providing a service , the plan shall include a strategy for such exploitation . if the plan provides for exploitation primarily in non - associated third countries , the legal entities shall justify how that exploitation is still in the union interest . if the beneficiary fails to provide such justification , a non - exclusive licence may be granted to other legal entities seeking to exploit the results in the union or associated third countries . for the purposes of locating and selecting the candidates , the online platform referred to in article 35 shall be used .


### resources allocated to member states under shared management and transferrable in accordance with article 21 of regulation xx [ …common provisions regulation ] may , at their request , be transferred to the programme . the commission shall implement those resources directly in accordance with point of article 62 of the financial regulation or indirectly in accordance with point of that article . where possible , those resources shall be used for the benefit of the member state concerned . ### resources allocated to member states under shared management and transferrable in accordance with article 21 of regulation xx [ …common provisions regulation ] may , at the voluntary basis , be transferred as a national contribution to the budget of the specific project selected under horizon europe , if expected results of the project are strategic for the member state or its r&i communities ; transferred resources shall be implemented in accordance with the rules of horizon europe


### adhere to the principles of union added value , transparency , openness , impact , leverage effect , long - term financial commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ; ### adhere to the principles of union added value , transparency , openness , impact , leverage effect , long - term financial and / or in - kind commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ;


### eur 2 400 000 000 for research infrastructures ; ### eur 9 170 000 000 for research infrastructures ;


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to support the creation , diffusion and adoption of high - quality new knowledge , skills , technologies , advanced studies and solutions which allow adequate answers to global societal challenges , including climate change and diminish the gap in research and innovation between the different regions of the eu ;


### entities shall be part of a consortium that shall include at least three independent legal entities each established in a different member state or associated country and with at least one of them established in a member state , unless : ### entities shall be part of a consortium that shall include at least three independent legal entities each established in a different member state , overseas country or territory belonging to a member state or associated country and with at least one of them established in a member state or an overseas country or territory belonging to a member state , unless :


### open access to research data shall be the general rule under the terms and conditions laid down in the grant agreement , but exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , security rules or intellectual property rights . ### with regard to the dissemination of research data , the grant agreement shall , in the context of fair open access to and the preservation of research data , lay down terms and conditions under which fair access to such results shall be provided , ensuring robust and simple opt - outs following the principle “as open as possible , as closed as necessary” . exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , privacy , confidentiality , security rules , trade secrets , legitimate commercial interests or intellectual property rights or union’s external competitiveness .


### eur 15 000 000 000 for cluster ' climate , energy and mobility ' ; ### eur 19 128 000 000 for cluster ' climate , energy and mobility ' ;


### may receive support from the european regional development fund , the cohesion fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , provided that such actions are consistent with the objectives of the programme concerned . the rules of the fund providing support shall apply . ### may receive support , on a voluntary basis , from the european regional development fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , under the conditions that they contribute to the objectives of the funds , where the funding stems from ; and provided that such actions are consistent and in line with the objectives of the programme concerned . the rules of the fund providing support shall apply , with the exception of the co - financing rate , where the co - financing rate of the programme shall apply .


### the contract for the selected action shall establish specific milestones and the corresponding pre - financing and payments by instalments of the eic blended finance . ### the contract for the selected action shall establish specific measurable milestones and the corresponding pre - financing and payments by instalments of the eic blended finance .


### ' open access ' means the practice of providing online access to research outputs resulting from actions funded under the programme , in particular scientific publications and research data , free of charge to the end - user ; ### ' open access ' means the practice of providing online access to research outputs resulting from actions funded under the programme , in particular scientific publications and research data , free of charge and in a non - discriminatory manner to the end - user ;


### in order to respond to unforeseen situations or to new developments and needs , the commission may , within the annual budgetary procedure , deviate from the amounts referred to in paragraph 2 up to a maximum of 10% . no such deviation shall be allowed in respect of the amounts referred to in points of paragraph 2 of this article and the total amount set out for part ' strengthening the european research area ' of paragraph 2 of this article . ### in order to respond to unforeseen situations or to new developments and needs , the commission may , within the annual budgetary procedure , deviate from the amounts referred to in paragraph 2 up to a maximum of 5% , including the allocation of the contributions from associated countries . no negative deviation shall be allowed in respect of the amounts referred to in points and of paragraph 2 of this article and the total amount set out for part ' strengthening the european research area ' of paragraph 2 of this article .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic , societal and climate impact from the union ' s investments in research and innovation across the union so as to strengthen the scientific and technological bases of the union as a whole and foster its competitiveness , also in the outermost regions , mountainous regions and those with a demographic deficit , including in its industry ; it should also contribute to the creation of quality employment , deliver on the union strategic priorities , objectives and commitments , and commit to tackling global challenges , including the sustainable development goals and those embodied in the paris agreement , as well as to contribute to the strengthening of the european research area .


### the programme may provide funding to indirect actions in any of the forms laid down in the financial regulation , in particular grants , prizes and procurements it may also provide financing in the form of financial instruments within blending operations . ### the programme may provide funding to direct and indirect actions in the forms of grants , prizes and procurements as laid down in the financial regulation .


### the amount referred to in paragraph 1 , first half sentence , may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities and expenditures necessary for managing and implementing the programme , including all administrative expenditure , as well as evaluating the achievement of its objectives . it may moreover cover expenses relating to the studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the programme . ### the amount referred to in paragraph 1 , first half sentence , may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities and expenditures necessary for managing and implementing the programme , including all necessary and agreed administrative expenditure , as well as evaluating the achievement of its objectives . it may moreover cover expenses relating to the meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , increasing the visibility of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools , and other relevant expenses relating to technical and administrative assistance needed in connection with the management of the programme .