### (16) union response measures adopted in accordance with this regulation should be selected and designed on the basis of objective criteria , including: the effectiveness of the measures in inducing the cessation of coercion by the third country; their potential to provide relief to economic operators within the union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the union; and the avoidance of disproportionate administrative complexity and costs. it is also essential that the selection and design of union response measures take account of the union’s interest. union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case. ### (16) union response measures adopted in accordance with this regulation should be selected and designed on the basis of objective criteria , including: the effectiveness of the measures in inducing the cessation of coercion by the third country; their potential to provide relief to economic operators within the union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the union; the avoidance of disproportionate administrative complexity and costs; and strategic communication of union's actions to ensure that they are not misrepresented or manipulated by third country through misinformation , disinformation or propaganda. it is also essential that the selection and design of union response measures take account of the union’s interest. union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.


### (20) it is essential to provide for opportunities for stakeholder involvement for the purposes of adoption and amendment of union response measures , and as relevant for the purposes of suspension and termination , in view of the potential impact on such stakeholders. ### (20) it is essential to provide for opportunities for stakeholder involvement , including businesses , for the purposes of adoption and amendment of union response measures , and as relevant for the purposes of suspension and termination , in view of the potential impact on such stakeholders.


### (21) it is important to ensure an effective communication and exchange of views and information between the commission on the one hand and the european parliament and the council on the other , in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and on matters that may lead to the adoption of union response measures under this regulation. ### (21) it is important to ensure an effective and regular communication and exchange of views and information between the commission on the one hand and the european parliament and the council on the other , in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and on matters that may lead to the adoption of union response measures under this regulation.


### (26) the commission should evaluate measures adopted under this regulation as to their effectiveness and operation and as to possible conclusions for future measures. the commission should also review this regulation after gaining sufficient experience with the existence or application of this regulation. this review should cover the scope , functioning , efficiency and effectiveness of this regulation. the commission should report on its assessment to the european parliament and the council , ### (26) the commission should evaluate measures adopted under this regulation as to their effectiveness and operation and as to possible conclusions for future measures. the commission should also review this regulation after gaining sufficient experience with the existence or application of this regulation , its impact on trade , investments and the single market , and its added value in relation to existing tools. this review should cover the scope , functioning , efficiency and effectiveness of this regulation. the commission should report on its assessment to the european parliament and the council ,


### (8) the objectives of this regulation , in particular counteracting third countries’ economic coercion of the union or a member state , cannot be sufficiently achieved by member states acting on their own. this is because member states as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the union. additionally , because of the exclusive competence conferred on the union by article 207 of the treaty on the functioning of the european union , member states are prevented from taking common commercial policy measures as a response to economic coercion. therefore , those objectives can be achieved with greater effectiveness at union level. ### (8) the objectives of this regulation , in particular counteracting third countries’ economic coercion of the union or a member state , cannot be sufficiently achieved by member states acting on their own. this is because member states as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the union. additionally , because of the exclusive competence conferred on the union by article 207 of the treaty on the functioning of the european union , member states are prevented from taking common commercial policy measures as a response to economic coercion. therefore , those objectives are achieved with greater effectiveness at union level , and in the spirit of unity and solidarity.


### (14) the union should support and cooperate with third countries affected by the same or similar measures of economic coercion or other interested third countries. the union should participate in international coordination in bilateral , plurilateral or multilateral fora that are geared towards the prevention or elimination of the economic coercion. ### (14) the union should support and cooperate with third countries affected by the same or similar measures of economic coercion or other interested third countries , in particular , like minded democratic partners. the union should participate in international coordination in bilateral , plurilateral or multilateral fora that are geared towards the prevention or elimination of the economic coercion.


### — interferes in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state ### — interferes in the legitimate sovereign choices of the union or a member state , including its governmental and judicial actions and decisions , by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state


### — by applying or threatening to apply measures affecting trade or investment. ### — by applying or threatening to apply measures undermining the economic security , trade , investment or competitiveness


### whether the third country is engaging in a pattern of interference seeking to obtain from the union or from member states or other countries particular acts; ### whether the third country is engaging in a pattern of interference seeking to obtain from the union or from member states or other countries particular acts , or to hinder the union's or the member states' capacity to act;


### 1. the commission may examine any measure of a third country in order to determine whether it meets the conditions set out in article 2(1). the commission shall act expeditiously. ### 1. the commission shall examine any measure of a third country in order to determine whether it meets the conditions set out in article 2(1). the commission shall act expeditiously.


### the commission may publish a notice in the official journal of the european union or through other suitable public communication means with an invitation to submit information within a specified time limit. in that event , the commission shall notify the third country concerned of the initiation of the examination. ### the commission shall publish a notice in the official journal of the european union or through other suitable public communication means with an invitation to submit information within a specified time limit. in that event , the commission shall notify the third country concerned of the initiation of the examination.


### the commission shall keep the european parliament and the council informed of relevant developments. ### the commission shall keep the european parliament and the council regularly informed of relevant developments.


### the commission shall enter into consultations or cooperation , on behalf of the union , with any other country affected by the same or similar measures of economic coercion or with any interested third country , with a view to obtaining the cessation of the coercion. this may involve , where appropriate , coordination in relevant international fora and coordination in response to the coercion. ### the commission shall enter into consultations or cooperation , on behalf of the union , with any other country affected by the same or similar measures of economic coercion or with any interested third country , with a view to obtaining the cessation of the coercion. this should involve , coordination in relevant international fora and coordination with like-minded democratic partners in response to the coercion.


### action is necessary to protect the interests and rights of the union and its member states in that particular case , and ### action is necessary to protect the security , interests and rights of the union and its member states in that particular case , and


### 3. the commission shall , upon adoption of the implementing act , notify the third country concerned of the union response measures adopted pursuant to paragraph 1. in the notification , the commission shall , on behalf of the union , call on the third country concerned to promptly cease the economic coercion , offer to negotiate a solution , and inform the third country concerned that the union response measure will apply , unless the economic coercion ceases. ### 3. the commission shall , upon adoption of the implementing act , notify the third country concerned of the union response measures adopted pursuant to paragraph 1. in the notification , the commission shall , on behalf of the union , call on the third country concerned to promptly cease the economic coercion , offer to negotiate a solution , and inform the third country concerned that the union response measure will apply , unless the economic coercion ceases within a period of up to no more than 90 days.


### 3. the commission shall , upon adoption of the implementing act , notify the third country concerned of the union response measures adopted pursuant to paragraph 1. in the notification , the commission shall , on behalf of the union , call on the third country concerned to promptly cease the economic coercion , offer to negotiate a solution , and inform the third country concerned that the union response measure will apply , unless the economic coercion ceases. ### 3. the commission shall , upon adoption of the implementing act , notify the third country concerned of the union response measures adopted pursuant to paragraph 1. in the notification , the commission shall , on behalf of the union , call on the third country concerned to promptly cease the economic coercion , offer to negotiate a diplomatic solution , and inform the third country concerned that the union response measure will apply , unless the economic coercion ceases.


### 1. any union response measure shall not exceed the level that is commensurate with the injury suffered by the union or a member state due to the third country’s measures of economic coercion , taking into account the gravity of the third country’s measures and the rights in question. ### 1. any union response measure shall not exceed the level that is commensurate with the injury suffered by the union or a member state due to the third country’s measures of economic coercion , taking into account the gravity of the third country’s measures and the rights in question , as well as the impact of the measures on the union or a member state.


### 1. the commission shall keep under review the measures of economic coercion deployed by a third country that have triggered the union response measures , the effectiveness of the union response measures adopted and their effects on the union’s interests and shall keep the european parliament and the council informed thereof. ### 1. the commission shall keep under review the measures of economic coercion deployed by a third country that have triggered the union response measures , the effectiveness of the union response measures adopted and their effects on the union’s interests and shall keep the european parliament and the council regularly informed thereof.


### 1. notes that egovernment has the potential to improve the quality and efficiency of public services; strongly believes that egovernment should be compliant with fundamental rights , in particular the rights to non-discrimination , privacy and data protection; ### 1. notes that egovernment has the potential to improve the quality and efficiency of public services; considers it necessary to carry out a digital transformation that increases the availability of online public services to facilitate and secure relationships with citizens , businesses , employees and governments;


### 2. points out that there have been substantial technological transformations in public services with an increase in direct online communications with eu citizens and the use of new it tools; calls for rigorous oversight by data protection authorities and for proper training of public officials; ### 2. points out that there have been substantial technological transformations in public services with an increase in direct online communications with eu citizens and the use of new it tools; calls on the commission to enable exchanges of best practices and good examples to increase the introduction of egovernment tools by member states;


### 3. recalls that in-person help should be provided to eu citizens to help them access public services , especially persons with disabilities and elderly people , but also to mitigate low levels of digital literacy and poor internet coverage; ### 3. underlines that digital public administration should be inclusive and easily accessible for people with different needs; recalls that in-person help should be provided to eu citizens to help them access public services , especially persons with disabilities and elderly people , but also to mitigate low levels of digital literacy and poor internet coverage;


### 4. takes note of the role of ai in egovernment; is concerned that ai risks reinforcing existing discrimination , inequalities and social exclusion and misidentifying or incorrectly classifying individuals belonging to certain groups; calls for effective remedies to be put in place including human checks , while preventing discrimination due to automation and improving the quality and design of datasets; ### 4. strongly believes that ai will play an important role in egovernment; considers ai techniques as essential to increase accessibility to public services , such as through sophisticated chatbots , or by providing solutions to certain threats such as cyber-attacks , by detecting anomalies and securing the data of citizens; emphasizes that ai could potentially result in reinforcing existing discrimination , inequalities and social exclusion and misidentifying or incorrectly classifying individuals belonging to certain groups; calls , therefore , for effective remedies to be put in place , in line with the upcoming ai act , including human checks , while preventing discrimination due to automation and improving the quality and design of datasets;


### b. whereas competition policy should aim to support the european green deal; ### deleted


### b. whereas competition policy should aim to support the european green deal; ### b. whereas competition policy should aim primarily to promote the proper functioning of the internal market while safeguarding fair , effective competition among market players and avoiding restrictions or distortions; whereas competition policy should also include a component to support the union’s strategic objectives , including those related to the european green deal and the digital transition , among others;


### b. whereas competition policy should aim to support the european green deal; ### b. whereas competition policy should aim to support the european green deal; underlines in this context that government support to companies in transition shall not be qualified as illegal state aid , provided that this support is linked to ambitious co2 reduction plans that contribute to meeting the union’s 2030 and 2050 climate objectives; stresses the need for a global level-playing field , also in relation to the fit for 55 proposals;


### b. whereas competition policy should aim to support the european green deal; ### b. whereas competition policy should encourage job creation , growth , competitiveness , entrepreneurship and innovation especially during times of uncertainty and transformation;


### b. whereas competition policy should aim to support the european green deal; ### b. whereas competition policy should aim to support the european green deal and digital compass goals;


### b. whereas competition policy should aim to support the european green deal; ### b. whereas competition policy should not be guided by secondary objectives;


### 1. considers that eu competition policy protects market structures against concentrations and accumulations of market power , just as it advances consumer welfare; ### 1. considers that eu competition policy protects market structures against concentrations and accumulations of market power , just as it advances consumer welfare by fostering innovation , keeping prices down and increasing consumer choice;


### 1. considers that eu competition policy protects market structures against concentrations and accumulations of market power , just as it advances consumer welfare; ### 1. considers that eu competition policy protects market structures against concentrations and accumulations of market power , just as it advances efficient market structures and consumer welfare;


### 1. considers that eu competition policy protects market structures against concentrations and accumulations of market power , just as it advances consumer welfare; ### 1. considers that eu competition policy protects market structures against anticompetitive behaviours and accumulations of market power , just as it advances consumer welfare;


### 1. considers that eu competition policy protects market structures against concentrations and accumulations of market power , just as it advances consumer welfare; ### 1. considers that eu competition policy must safeguard the integrity and resilience of the single market , protecting its consumers by fostering the market economy;


### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; ### deleted


### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; ### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , not only without reference to the legal , economic , political and social context but also without interaction and complementarity with the other strategic eu policies objectives;


### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; ### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context , as well as new competitive market dynamics;


### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political and social context; ### 2. reiterates that competition policy cannot be pursued in isolation , as an end in itself , without reference to the legal , economic , political , social and global context;


### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; ### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; invites the commission to apply the requisite flexibility to enable member states to support the companies and sectors affected by russia’s invasion of ukraine and the resulting sanctions;


### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; ### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; notes the commission's announcement to transform this into a temporary crisis and transition framework , by enlarging its scope to support all possible renewable sources of energy;


### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; ### 4. welcomes the quick adoption of the temporary crisis framework for state aid measures to support the economy following the aggression against ukraine by russia , and the subsequent prolongations thereof; stresses the importance to coordinate the actions under the temporary crisis frameworks put in place over the last three years;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. understands the need for additional public investments in order to respond to ongoing specific global shocks and a global trend towards increased state funded industrial policy; calls on the commission to safeguard the integrity of the internal market in doing so , however , and reminds the commission of the risks that excessive relaxation of state aid rules can pose to the functioning of the internal market; calls on the commission to pay particular attention to the differing levels of fiscal space available to member states; considers the use of european investment funds alongside changes to state aid rules to offer a means of avoiding such risks; believes that expanding the scope of the recovery and resilience facility could be part of the solution;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and is concerned about the risk of increasing fragmentation within the internal market due to an insufficiently targeted use of subsidies in response to the us inflation reduction act;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public and private investments; considers the introduction of tax credits by member states targeted to specific industries which are negatively affected by the us inflation reduction act to be a better policy response; calls on the european commission to coordinate these national tax credit schemes;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and a level playing field and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; takes the view that the trade war between the usa and china is having a major impact on the european market; deplores the eu’s sluggish reaction to the us inflation reduction act (ira);


### 6. considers rising energy and food prices to be the main drivers of the current hike in inflation; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct; ### deleted


### 6. considers rising energy and food prices to be the main drivers of the current hike in inflation; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct; ### 6. considers the rise in energy and food prices caused by the war in ukraine to be one of the main drivers of the current hike in inflation; reiterates that the commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets in an impartial and objective manner in order to preserve the credibility of eu competition policy; stresses that smes , which account for 99.8% of the eu’s companies , can face major difficulties in accessing finance and subsidies , thus placing them at a competitive disadvantage;


### 6. considers rising energy and food prices to be the main drivers of the current hike in inflation; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct; ### 6. notes that rising energy and food prices initially were the main drivers of inflation , while price rises have broadened recently; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the commission must make use of all available tools under competition law to tackle market distortions and unfair price manipulation;


### 7. calls for a permanent market investigation mechanism , which should be triggered automatically upon the fulfilment of certain conditions , such as a specific rise in prices , in order to prevent any future freeriding effects; ### deleted


### 7. calls for a permanent market investigation mechanism , which should be triggered automatically upon the fulfilment of certain conditions , such as a specific rise in prices , in order to prevent any future freeriding effects; ### 7. calls for a permanent market investigation mechanism , which should be triggered automatically upon the fulfilment of certain conditions , such as a specific rise in prices , in order to prevent any future freeriding effects; calls in particular for the monitoring of the price differentials between wholesale and retail prices of food , feed and fertilizer products;


### 7. calls for a permanent market investigation mechanism , which should be triggered automatically upon the fulfilment of certain conditions , such as a specific rise in prices , in order to prevent any future freeriding effects; ### 7. calls on the european commission to provide an effective set of instruments enabling it to act impartially and comprehensively in ensuring the proper functioning of the single market and competition policy;


### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions; ### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed periodically to reflect new market developments;


### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions; ### 8. takes the view that that not all market concentrations have negative consequences; calls on the commission to make a distinction between anti-competitive and hyper-competitive behaviour when implementing the rules; calls for matters of public interest to be taken into account when examining the impact of a concentration on the internal market;


### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions; ### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed; calls for matters of public and strategic interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for also taking into account in approval decisions the global context of the industry , the size of the potential merged company relative to third country competitors and the need to avoid dependencies on third countries in strategic sectors; calls for the inclusion of review clauses in decisions approving a concentration;


### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions; ### 8. calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a dominant market player or a gatekeeper in line with the dma regulation; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;


### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed and lowered; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration involving a very large market operator or a gatekeeper; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions; ### 8. calls for the quantitative jurisdictional thresholds in the ec merger regulation to be reviewed; calls for the introduction of a rebuttable presumption that effective competition is significantly impeded by any concentration leading to a dominant position in a relevant market or any concentration; calls for matters of public interest , such as climate protection , sustainability and the rule of law , to be taken into account when examining the impact of a concentration on the internal market; calls for the inclusion of review clauses in decisions approving a concentration with a view to introducing more stringent conditions;


### 9. urges the commission to take decisive action , under article 22 of the ec merger regulation , against ‘killer acquisitions’ that must be reported to the commission under the digital markets act (‘dma’); ### 9. urges the commission to make more extensive use of the mechanism foreseen in article 22 of the ec merger regulation against 'killer acquisitions' not only for those that have to be reported to the commission under article 14 dma but also for those in other strategic sectors;


### 11. welcomes the commission’s willingness to take into account the effects on labour markets and wages when determining the anti-competitiveness of collusive behaviour under article 101(1) tfeu , as demonstrated by its reference to ‘no-poach’ agreements14 ; calls on the commission to use the effects on wages as a benchmark when establishing infringements of competition law; ### deleted


### 12. welcomes the evaluation of regulation (ec) no 1/2003 and regulation (ec) no 773/2004 initiated by the commission; considers a legislative review of these regulations necessary; calls for stronger use of structural remedies , and therefore for the primacy of behavioural remedies to be removed from regulation (ec) no 1/2003; ### 12. welcomes the evaluation of regulation (ec) no 1/2003 and regulation (ec) no 773/2004 initiated by the commission; considers a legislative review of these regulations necessary;


### 12. welcomes the evaluation of regulation (ec) no 1/2003 and regulation (ec) no 773/2004 initiated by the commission; considers a legislative review of these regulations necessary; calls for stronger use of structural remedies , and therefore for the primacy of behavioural remedies to be removed from regulation (ec) no 1/2003; ### 12. welcomes the evaluation of regulation (ec) no 1/2003 and regulation (ec) no 773/2004 initiated by the commission; considers a legislative review of these regulations necessary; calls the commission to speed up antitrust procedures to ensure the effectiveness of eu antitrust rules and the well-functioning of the internal market; calls the commission to introduce time limits for antitrust proceedings; calls for stronger use of structural remedies , and therefore for the primacy of behavioural remedies to be removed from regulation (ec) no 1/2003;


### 12. welcomes the evaluation of regulation (ec) no 1/2003 and regulation (ec) no 773/2004 initiated by the commission; considers a legislative review of these regulations necessary; calls for stronger use of structural remedies , and therefore for the primacy of behavioural remedies to be removed from regulation (ec) no 1/2003; ### 12. welcomes the evaluation of regulation (ec) no 1/2003 and regulation (ec) no 773/2004 initiated by the commission; considers a legislative review of these regulations necessary; calls on the commission to also consider the use of structural remedies as remedies of last resort;


### 13. calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained , but conditions for competition would improve significantly if unbundling measures were applied; ### deleted


### 13. calls for the introduction of an explicit legal base for the unbundling of undertakings as a structural remedy for antitrust violations; considers unbundling to also be a structural remedy in situations where abuse of a dominant position on a relevant market cannot be ascertained , but conditions for competition would improve significantly if unbundling measures were applied; ### 13. calls on the commission to analyse the merits of an explicit legal base for the unbundling of undertakings as a structural remedy of last resort for antitrust violations;


### 14. underlines the importance of adopting interim measures in the enforcement of competition law , particularly in relation to dynamic and fast-developing markets such as digital markets; therefore supports the commission in enhancing the use of interim measures under the existing regulation (ec) no 1/2003; calls for legislative action to lower the burden associated with the use of interim measures for the commission and for national competition authorities; ### 14. invites the commission to make a greater adoption of interim measures in the enforcement of competition law , particularly in relation to dynamic and fast-developing markets such as digital markets; therefore supports the commission in enhancing the use of interim measures under the existing regulation (ec) no 1/2003; calls for legislative action to lower the burden associated with the use of interim measures for the commission and for national competition authorities;


### 14. underlines the importance of adopting interim measures in the enforcement of competition law , particularly in relation to dynamic and fast-developing markets such as digital markets; therefore supports the commission in enhancing the use of interim measures under the existing regulation (ec) no 1/2003; calls for legislative action to lower the burden associated with the use of interim measures for the commission and for national competition authorities; ### 14. underlines the importance of adopting interim measures limited in time in the enforcement of competition law , particularly in relation to dynamic and fast-developing markets such as digital markets; therefore supports the commission in enhancing the use of interim measures under the existing regulation (ec) no 1/2003; calls for legislative action to lower the burden associated with the use of interim measures for the commission and for national competition authorities;


### 15. calls on the commission to establish a publicly accessible database of all european and national competition law cases , including summaries in english; ### 15. calls on the commission to establish a publicly accessible database of all european and national competition law cases , including summaries in english , and to facilitate cooperation between the national and international bodies responsible for ensuring the proper functioning of the market and fair competition;


### 15. calls on the commission to establish a publicly accessible database of all european and national competition law cases , including summaries in english; ### 15. calls on the commission to establish a publicly accessible database of all european and national competition law cases , including summaries in english; likewise , calls the commission to ensure transparency in the exchange of information among the agencies;


### 16. welcomes the creation of a new commission directorate for the enforcement of the dma; deplores the member states’ unwillingness to make available additional financial resources to enable more data-science and technology staff to be hired for the commission; ### 16. welcomes the creation of new commission directorates for the enforcement of the dma; highlights the difference by nature between the ex-post enforcement of antitrust rules and the ex-ante enforcement of the dma; in this respect stresses the importance of keeping the resources for these two instruments within the commission apart , although coordination between them is essential; deplores the member states’ unwillingness to make available additional financial resources to enable more data-science and technology staff to be hired for the commission; urges the commission to allocate higher budget for the proper implementation and enforcement of this regulation; welcomes a strong cooperation with the national competition authorities ("ncas") on the dma's enforcement;


### 16. welcomes the creation of a new commission directorate for the enforcement of the dma; deplores the member states’ unwillingness to make available additional financial resources to enable more data-science and technology staff to be hired for the commission; ### 16. welcomes the creation of a new commission directorate for the enforcement of the dma;


### 17. stresses that competition law remains relevant to digital markets despite the entry into force of the dma; considers that violations of privacy rights can constitute abusive practices; ### 17. stresses that competition law remains relevant to digital markets despite the entry into force of the dma; considers that violations of privacy rights can constitute abusive practices; emphasises that the dma offers an opportunity to overcome the difficulties encountered with those antitrust cases -which served as basis for articles 5 and 6 of the dma- where , despite strong decisions by the commission , they still have not led to effective remedies; points out that these cases should be prioritised by the dma team to provide a solid basis for the application of the dma and an effective and definitive response to those issues perpetrated over the years;


### 17. stresses that competition law remains relevant to digital markets despite the entry into force of the dma; considers that violations of privacy rights can constitute abusive practices; ### 17. stresses that competition law remains relevant to digital markets despite the entry into force of the dma;


### 19. welcomes the presentation by the commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare , which should include not only price levels , but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare , prevent deforestation , or provide for living wages; ### deleted


### 19. welcomes the presentation by the commission of draft guidelines for sustainability agreements; underlines the need for a broad understanding of consumer welfare , which should include not only price levels , but also sustainability considerations; considers that similar authorisations should be extended to agreements that improve animal welfare , prevent deforestation , or provide for living wages; ### 19. notes the presentation by the commission of draft guidelines for sustainability agreements;


### 20. is of the opinion that sustainability is not only pursued by derogations from competition law provisions , but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices , in particular with regard to achieving sustainability goals; ### deleted


### 20. is of the opinion that sustainability is not only pursued by derogations from competition law provisions , but also by the application of competition law provisions in order to promote sustainability; calls for the presentation of draft guidelines on abusive practices , in particular with regard to achieving sustainability goals; ### 20. is of the opinion that sustainability is not only pursued by derogations from competition law provisions , but also by the application of competition law provisions in order to promote sustainability;


### 21. deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving state aid; ### 21. takes note of the past eu efforts implementing international actions addressing base erosion and profit shifting (beps); takes note , in this regard , of the distortive effects of beps planning on fair competition; welcomes the commission's recommendation of 14 july 2020 in not granting financial support to companies with links to tax havens and to protect honest taxpayers at the same time; calls on the commission , in this regard , to inform parliament about the implementation of the recommendations by member states and whether further legal initiatives seem necessary;


### 21. deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving state aid; ### 21. deplores the distortive effects of tax practices contrary to the principle of fair competition; calls for investigations to be conducted into those who benefit from tax havens while also receiving state aid and for measures to be taken against them; takes the view that measures should be taken to reduce the distortive effects that foreign subsidies are having on companies operating in the european single market;


### 21. deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving state aid; ### 21. deplores the distortive effects of aggressive tax planning on fair competition; welcomes the european commission's vigilance in enforcing state aid rules in the area of taxation; calls for companies that engage in tax avoidance using third-country tax havens to be excluded from receiving state aid;


### 21. deplores the distortive effects of aggressive tax planning on fair competition; calls for companies that use third-country tax havens to be excluded from receiving state aid; ### 21. deplores the distortive effects on fair competition that result from aggressive tax planning practices; calls for companies that have been proven to use tax avoidance mechanisms through legal schemes in third countries on the eu list of non-cooperative jurisdictions for tax purposes to be excluded from receiving state aid;


### 22. stresses that parliament should be adequately involved in shaping competition policy; considers that more frequent use should be made of parliament’s right to intervene in judicial proceedings concerning competition law; calls on the commission to enter into negotiations for an interinstitutional agreement on competition policy; ### 22. stresses that parliament should be adequately involved in shaping competition policy;


### 22. stresses that parliament should be adequately involved in shaping competition policy; considers that more frequent use should be made of parliament’s right to intervene in judicial proceedings concerning competition law; calls on the commission to enter into negotiations for an interinstitutional agreement on competition policy; ### 22. stresses that parliament should play a more active role in competition policy by participating as an observer; notes that the competition working group can be a useful vehicle


### 22. stresses that parliament should be adequately involved in shaping competition policy; considers that more frequent use should be made of parliament’s right to intervene in judicial proceedings concerning competition law; calls on the commission to enter into negotiations for an interinstitutional agreement on competition policy; ### 22. stresses that parliament should be adequately involved in shaping competition policy; calls on the commission to enter into negotiations for an interinstitutional agreement on competition policy;


### 22. stresses that parliament should be adequately involved in shaping competition policy; considers that more frequent use should be made of parliament’s right to intervene in judicial proceedings concerning competition law; calls on the commission to enter into negotiations for an interinstitutional agreement on competition policy; ### 22. stresses that parliament should be adequately involved in shaping competition policy , in both the legislative dimension and in scrutinising the commission’s action; calls on the commission to enter into negotiations for an interinstitutional agreement on competition policy;


### (1) information society services and especially intermediary services have become an important part of the union’s economy and daily life of union citizens. twenty years after the adoption of the existing legal framework applicable to such services laid down in directive 2000/31/ec of the european parliament and of the council25 , new and innovative business models and services , such as online social networks and marketplaces , have allowed business users and consumers to impart and access information and engage in transactions in novel ways. a majority of union citizens now uses those services on a daily basis. however , the digital transformation and increased use of those services has also resulted in new risks and challenges , both for individual users and for society as a whole. ### (1) information society services and especially intermediary services have become an important part of the union’s economy and daily life of union citizens. twenty years after the adoption of the existing legal framework applicable to such services laid down in directive 2000/31/ec of the european parliament and of the council25 , new and innovative business models and services , such as online social networks and marketplaces , have allowed business users and consumers to impart and access information and engage in transactions in novel ways. a majority of union citizens now uses those services on a daily basis. however , the digital transformation and increased use of those services has also resulted in new risks , challenges and opportunities , both for individual users and for companies and society as a whole.


### (1) information society services and especially intermediary services have become an important part of the union’s economy and daily life of union citizens. twenty years after the adoption of the existing legal framework applicable to such services laid down in directive 2000/31/ec of the european parliament and of the council25 , new and innovative business models and services , such as online social networks and marketplaces , have allowed business users and consumers to impart and access information and engage in transactions in novel ways. a majority of union citizens now uses those services on a daily basis. however , the digital transformation and increased use of those services has also resulted in new risks and challenges , both for individual users and for society as a whole. ### (1) information society services and especially intermediary services have become an important part of the union’s economy and daily life of union citizens. twenty years after the adoption of the existing legal framework applicable to such services laid down in directive 2000/31/ec of the european parliament and of the council25 , new and innovative business models and services , such as online social networks and marketplaces , have allowed business users and consumers to impart and access information and engage in transactions in novel and innovative ways , transforming their communication , connection , consumption and business habits on the one hand , and bringing about societal and economic transformations in the eu on the other. a majority of union citizens now uses those services on a daily basis. however , the digital transformation and increased use of those services has also resulted in new risks and challenges , both for individual users and for society as a whole.


### (2) member states are increasingly introducing , or are considering introducing , national laws on the matters covered by this regulation , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice. ### (2) member states are increasingly introducing , or are considering introducing , national laws on the matters covered by this regulation , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market by undermining its integrity , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice.


### (2) member states are increasingly introducing , or are considering introducing , national laws on the matters covered by this regulation , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice. ### (2) for years , politics has relied on voluntary cooperation with a view to address these risks and challenges. since this has proved insufficient and there has been a lack of harmonised rules at union level , member states have been increasingly introducing , or are considering introducing , national laws , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice. moreover , a fragmentation of rules can have negative consequences for the freedom of expression.


### (2) member states are increasingly introducing , or are considering introducing , national laws on the matters covered by this regulation , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice. ### (2) up till now , politics has relied on voluntary cooperation with a view to address these risks and challenges. since this has proved insufficient and there has been a lack of harmonised rules at union level , member states have been increasingly introducing , or are considering introducing , national laws on the matters covered by this regulation , imposing , in particular , diligence requirements for providers of intermediary services. those diverging national laws negatively affect the internal market , which , pursuant to article 26 of the treaty , comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured , taking into account the inherently cross-border nature of the internet , which is generally used to provide those services. the conditions for the provision of intermediary services across the internal market should be harmonised , so as to provide businesses with access to new markets and opportunities to exploit the benefits of the internal market , while allowing consumers and other recipients of the services to have increased choice.


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. children have specific rights enshrined in article 24 of the charter of fundamental rights of the european union and in the united nations convention on the rights of the child. as such , the best interests of the child should be a primary consideration in all matters affecting them. the uncrc general comment no. 25 on children’s rights in relation to the digital environment formally sets out how these rights apply to the digital world.


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. children have specific rights enshrined in article 24 of the charter and in the united nations convention on the rights of the child. the uncrc general comment no. 25 on children’s rights in relation to the digital environment formally sets out how these rights apply to the digital world.


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and users and consumers within the union to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , the rights to privacy and data protection , and the right to non-discrimination.


### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , and the right to non-discrimination. ### (3) responsible and diligent behaviour by providers of intermediary services is essential for a safe , predictable and trusted online environment and for allowing union citizens and other persons to exercise their fundamental rights guaranteed in the charter of fundamental rights of the european union (‘charter’) , in particular the freedom of expression and information and the freedom to conduct a business , the gender equality principle and non-discrimination. in order to exercise these rights , the online world needs to be a safe space , especially for women and girls , where everybody can move freely. therefore , measures to protect from , and prevent , phenomena such as online violence , cyberstalking , harassment , hate speech and exploitation of women and girls are essential.


### upon obtaining such knowledge or awareness , acts expeditiously to remove or to disable access to the illegal content. ### upon obtaining such knowledge or awareness , expeditiously and permanently removes or disables access to the illegal content; expeditiously means immediately or as fast as possible and in any event no later than within 30 minutes where the illegal content pertains to the broadcast of a live sports or entertainment event.


### additional provisions applicable to providers of hosting services , including online platforms ### additional provisions applicable to providers of hosting services , including online platforms , and to providers of livestreaming platform services and of private messaging services


### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. private messaging services and providers of hosting services , including online platforms , shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , clearly visible , low-threshold , user-friendly and located close to the content in question allowing for the submission of notices exclusively by electronic means.


### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content or information that is incompatible with the terms and conditions of the provider. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means.


### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices at scale and exclusively by electronic means.


### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , easy to understand , user-friendly , and allow for the submission of notices exclusively by electronic means.


### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation. ### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide , based on its own assessment , whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. it may also be possible for online platforms to prevent a content that has already been identified as illegal and that has been removed on the basis of a prior notice , from reappearing. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation.


### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation. ### (40) providers of hosting services play a particularly important role in tackling illegal content online , as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto , sometimes on a large scale. it is important that all providers of hosting services , regardless of their size , put in place user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice') , pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action'). provided the requirements on notices are met , it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. the obligation to put in place notice and action mechanisms should apply , for instance , to file storage and sharing services , web hosting services , advertising servers and paste bins , in as far as they qualify as providers of hosting services covered by this regulation. providers of hosting services should be required to block or delete illegal content.


### (41) the rules on such notice and action mechanisms should be harmonised at union level , so as to provide for the timely , diligent and objective processing of notices on the basis of rules that are uniform , transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties , in particular their fundamental rights guaranteed by the charter , irrespective of the member state in which those parties are established or reside and of the field of law at issue. the fundamental rights include , as the case may be , the right to freedom of expression and information , the right to respect for private and family life , the right to protection of personal data , the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business , including the freedom of contract , of service providers; as well as the right to human dignity , the rights of the child , the right to protection of property , including intellectual property , and the right to non-discrimination of parties affected by illegal content. ### (41) the rules on such notice and action mechanisms should be harmonised at union level , so as to provide for the timely , diligent and objective processing of notices on the basis of rules that are uniform , transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties , in particular their fundamental rights guaranteed by the charter , irrespective of the member state in which those parties are established or reside and of the field of law at issue. the fundamental rights include , as the case may be , the right to freedom of expression and information , the right to respect for private and family life , the right to protection of personal data , the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business , including the freedom of contract , of service providers; as well as the right to human dignity , the rights of the child , the right to protection of property , including intellectual property , and the right to non-discrimination of parties affected by illegal content. providers of hosting services should act upon notices without undue delay , taking into account the type of illegal content that is being notified and the urgency of taking action. the provider of hosting services should inform the individual or entity notifying the specific content of its decision without undue delay after taking a decision whether to act upon the notice or not.


### (41) the rules on such notice and action mechanisms should be harmonised at union level , so as to provide for the timely , diligent and objective processing of notices on the basis of rules that are uniform , transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties , in particular their fundamental rights guaranteed by the charter , irrespective of the member state in which those parties are established or reside and of the field of law at issue. the fundamental rights include , as the case may be , the right to freedom of expression and information , the right to respect for private and family life , the right to protection of personal data , the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business , including the freedom of contract , of service providers; as well as the right to human dignity , the rights of the child , the right to protection of property , including intellectual property , and the right to non-discrimination of parties affected by illegal content. ### (41) the rules on such notice and action mechanisms should be harmonised at union level , so as to provide for the timely , diligent and objective processing of notices on the basis of rules that are uniform , transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties , in particular their fundamental rights guaranteed by the charter , irrespective of the member state in which those parties are established or reside and of the field of law at issue. the fundamental rights include , as the case may be , the right to freedom of expression and information , the right to respect for private and family life , the right to protection of personal data , the gender equality principle and the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business , including the freedom of contract , of service providers; as well as the right to human dignity , the rights of the child , the right to protection of property , including intellectual property , and the right to non-discrimination of parties affected by illegal content.


### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress. ### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should prevent future uploads of already notified illegal content resulting from a valid notice and action procedure and should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress.


### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress. ### (42) where a hosting service provider decides to remove or disable information provided by a recipient of the service , for instance following receipt of a notice or acting on its own initiative , including through the use of automated means , that provider should prevent the reappearance of the notified or equivalent illegal information. the provider should also inform the recipient of its decision , the reasons for its decision and the available redress possibilities to contest the decision , in view of the negative consequences that such decisions may have for the recipient , including as regards the exercise of its fundamental right to freedom of expression. that obligation should apply irrespective of the reasons for the decision , in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. available recourses to challenge the decision of the hosting service provider should always include judicial redress.


### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro or small enterprises as defined in recommendation 2003/361/ec of the commission41 , unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations. ### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro , small and medium-sized enterprises as defined in recommendation 2003/361/ec of the commission41 , unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- , small and medium-sized enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations.


### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro or small enterprises as defined in recommendation 2003/361/ec of the commission ,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations. ### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro , small or medium sized enterprises as defined in recommendation 2003/361/ec of the commission ,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations.


### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro or small enterprises as defined in recommendation 2003/361/ec of the commission ,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations. ### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro , small or medium enterprises as defined in recommendation 2003/361/ec of the commission ,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- , small and medium enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations.


### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro or small enterprises as defined in recommendation 2003/361/ec of the commission ,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations. ### (43) to avoid disproportionate burdens , the additional obligations imposed on online platforms under this regulation should not apply to micro or small enterprises as defined in recommendation 2003/361/ec of the commission ,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this regulation. the consolidation rules laid down in that recommendation help ensure that any circumvention of those additional obligations is prevented. the exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up , on a voluntary basis , a system that complies with one or more of those obligations. in this regard , the commission and digital service coordinators may work together on information and guidelines for the voluntary implementation of the provisions in this regulation for micro or small enterprises. furthermore , the commission and digital services coordinators are also encouraged to do so for medium enterprises , which while not benefitting from the liability exemptions in section 3 , may sometimes lack the legal resources necessary to ensure proper understanding and compliance with all provisions.


### (44) recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. therefore , online platforms should be required to provide for internal complaint-handling systems , which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. in addition , provision should be made for the possibility of out-of-court dispute settlement of disputes , including those that could not be resolved in satisfactory manner through the internal complaint-handling systems , by certified bodies that have the requisite independence , means and expertise to carry out their activities in a fair , swift and cost-effective manner. the possibilities to contest decisions of online platforms thus created should complement , yet leave unaffected in all respects , the possibility to seek judicial redress in accordance with the laws of the member state concerned. ### (44) recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. therefore , online platforms should be required to provide for internal complaint-handling systems , which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift , non-discriminatory and fair outcomes. in addition , provision should be made for the possibility of out-of-court dispute settlement of disputes , including those that could not be resolved in satisfactory manner through the internal complaint-handling systems , by certified bodies that have the requisite independence , means and expertise to carry out their activities in a fair , simple , affordable , expedient and accessible manner. the possibilities to contest decisions of online platforms thus created should complement , yet leave unaffected in all respects , the possibility to seek judicial redress in accordance with the laws of the member state concerned.


### (44) recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. therefore , online platforms should be required to provide for internal complaint-handling systems , which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. in addition , provision should be made for the possibility of out-of-court dispute settlement of disputes , including those that could not be resolved in satisfactory manner through the internal complaint-handling systems , by certified bodies that have the requisite independence , means and expertise to carry out their activities in a fair , swift and cost-effective manner. the possibilities to contest decisions of online platforms thus created should complement , yet leave unaffected in all respects , the possibility to seek judicial redress in accordance with the laws of the member state concerned. ### (44) recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. therefore , online platforms should be required to provide for internal complaint-handling systems , which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. such internal systems should be available also to individuals or entities that have submitted a notice. in addition , provision should be made for the possibility of out-of-court dispute settlement of disputes , including those that could not be resolved in satisfactory manner through the internal complaint-handling systems , by certified bodies that have the requisite independence , means and expertise to carry out their activities in a fair , swift and cost-effective manner. the possibilities to contest decisions of online platforms thus created should complement , yet leave unaffected in all respects , the possibility to seek judicial redress in accordance with the laws of the member state concerned.


### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43 ### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , depending on the severity of the illegal activity , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43