### while it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end - to - end connectivity or interoperability of services , it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and , in particular , its notification procedures . ### while it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end - to - end connectivity or interoperability of services , it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and , in particular , its notification procedures and in instances where smp obligations are not or unlikely to be effective .


### considering the particular aspects related to reporting missing children , member states should maintain their commitment to ensure that a well - functioning service for reporting missing children is actually available in their territories under the number ‘ 116000’ ### considering the particular aspects related to reporting missing children , member states should maintain their commitment to ensure that a well - functioning and child - friendly service for reporting missing children is actually available in their territories under the number ‘ 116000’ , also a helpline for children in need of care and protection under the number ' 116111 ' .


### member states should ensure that undertakings providing end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent undertakings , namely undertakings which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . ### member states should ensure that providers of end - users with number - based interpersonal communications services provide reliable and accurate access to emergency services , taking into account national specifications and criteria and the capabilities of national psaps . where the number - based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service , the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate psap with the same reliability . for such network - independent providers , namely providers which are not integrated with a public communications network provider , providing caller location information may not always be technically feasible . member states should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network - independent providers of number - based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications services . where such standards and the related psap systems have not yet been implemented , network - independent number - based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable . as an example , this may include the designation by a member state of a single , central psap for receiving emergency communications . nonetheless , such providers should inform end - users when access to 112 or to caller location information is not supported .


### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient ; it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service ; ### ' interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons , whereby the person initiating or participating in the communication determine its recipient . it is the nature of such a service that it is bidirectional ;


### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs . ### promote the interests of the citizens of the union , including in the long term , by ensuring widespread availability and take - up of very high capacity connectivity , both fixed and mobile , and of interpersonal communications services , by enabling maximum benefits in terms of choice , price and quality on the basis of effective competition , by maintaining security of networks and services , by promoting the union competitiveness and economic development , also through the digitalization of the industry , by ensuring a high and common level of protection for end - users through the necessary sector - specific rules and by addressing the needs , such as for affordable prices , of specific social groups , in particular disabled users , elderly users and users with special social needs .


### the provision of electronic communications networks or the provision of electronic communications services other than number - independent interpersonal communications services may , without prejudice to the specific obligations referred to in article 13 or rights of use referred to in articles 46 and 88 , only be subject to a general authorisation . ### the provision of electronic communications networks or the provision of electronic communications services may , without prejudice to the specific obligations referred to in article 13 or rights of use referred to in articles 46 and 88 , only be subject to a general authorisation .


### where information is considered confidential by a national regulatory or other competent authority in accordance with union and national rules on business confidentiality or the protection of personal data , the commission , berec and the authorities concerned shall ensure such confidentiality . in accordance with the principle of sincere cooperation , national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the commission , to berec or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information . when the commission , berec or a competent authority undertake to respect the confidentiality of information identified as such by the authority holding it , the latter shall share the information on request for the identified purpose without having to further consult the parties who provided the information . ### where information is considered confidential by a national regulatory or other competent authority in accordance with union and national rules on business confidentiality or the protection of personal data , the commission , berec and the authorities concerned shall ensure such confidentiality . in accordance with the principle of sincere cooperation , national regulatory authorities and other competent authorities shall not deny the provision of the requested information to the commission , to berec or to another authority on the grounds of confidentiality or the need to consult with the parties which provided the information . when confidential information is shared with the commission , berec or a competent authority via the national regulatory authority , the latter shall promptly inform the undertakings whose information is shared thereof . this will include at least what information has been shared with whom and when .


### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to prevent and minimise the impact of security incidents on users and on other networks and services . ### member states shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of their networks and services . having regard to the state of the art , these measures shall ensure a level of security appropriate to the risk presented . in particular , measures shall be taken to ensure that electronic communications content are encrypted from end - to - end by default , in order to prevent and minimise the impact of security incidents on users and on other networks and services .


### where appropriate , the competent authority concerned shall inform the competent authorities in other member states and the european network and information security agency . the competent authority concerned may inform the public or require the undertakings to do so , where it determines that disclosure of the breach is in the public interest . ### where appropriate , the authority concerned shall inform the competent authorities in other member states and the european network and information security agency . the competent authority concerned may inform the public or require the providers to do so , where it determines that disclosure of the incident is in the public interest . prior to informing the public , the competent authority is required to consult the undertakings .


### member states shall ensure that in order to implement article 40 , the competent authorities have the power to issue binding instructions , including those regarding the measures required to remedy a breach and time - limits for implementation , to undertakings providing public communications networks or publicly available electronic communications services . ### member states shall ensure that in order to implement article 40 , the competent authorities have the power to issue binding instructions , including those regarding the measures required to prevent or remedy an incident and time - limits for implementation , to undertakings providing public communications networks or publicly available electronic communications services . for providers of number - independent interpersonal communications services and providers of electronic communication services subject to general authorization that have notified as cross - border operators , the competent authority shall be that of the member state of main establishment .


### submit to a security audit carried out by a qualified independent body or a competent authority and make the results thereof available to the competent authority . the cost of the audit shall be paid by the undertaking . ### submit to a security audit carried out by an internal or qualified external body and make the results thereof available to the competent authority . the cost of the audit shall be paid by the undertaking .


### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of services , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . ### national regulatory authorities shall , acting in pursuit of the objectives set out in article 3 , encourage and where appropriate ensure , in accordance with the provisions of this directive , adequate access and interconnection , and the interoperability of internet access , number - based interpersonal communications services , including total conversation services , and of electronic communication networks , exercising their responsibility in a way that promotes efficiency , sustainable competition , the deployment of very high capacity networks , efficient investment and innovation , and gives the maximum benefit to end - users . they shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium - sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed . they shall ensure that interoperability obligations remain proportionate and do not hinder the innovation potential of ecs providers that invest in the development of new technologies .


### in justified cases and to the extent that is necessary , obligations on those undertakings that are subject to general authorisation and that control access to end - users to make their services interoperable ; ### in justified cases and to the extent that is necessary , obligations to make services that connect with the publicly switched telephone network by means of an assigned numbering resource or that enable communication with a number or numbers in national or international telephone numbering plans interoperable , including for real time text and video calls ;


### where the commission , on the basis of a report that it had requested from berec , has found an appreciable threat to effective access to emergency services or to end - to - end connectivity between end - users within one or several member states or throughout the european union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed , in accordance with the examination procedure referred to in article 110 . ### where the commission , on the basis of a report that it had requested from berec , has found an appreciable threat to effective or to end - to - end connectivity between end - users , related to a lack of interoperability of number - independent interpersonal communication services with a particularly broad customer base , within one or several member states or throughout the european union and has adopted implementing measures specifying the nature and scope of any obligations that may be imposed , in accordance with the examination procedure referred to in article 110 . access to emergency services or end - to - end connectivity between end - users will not be considered endangered if the provider does not have a particularly substantial reach or customer base .


### member states shall ensure that all end - users in their territory have access at an affordable price , in the light of specific national conditions , to available functional internet access and voice communications services at the quality specified in their territory , including the underlying connection , at least at a fixed location . ### member states shall ensure that all consumers in their territory have access at an affordable price , in the light of specific national conditions , to an available broadband internet access and voice communications services at the quality specified in their territory , including the underlying connection , at a fixed location .


### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer end - users the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . ### providers of internet access services and providers of publicly available number - based interpersonal communications services shall offer consumers the facility to monitor and control the usage of each of those services which is billed on the basis of either time or volume consumption . this facility shall include access to timely information on the level of consumption of services included in a tariff plan . providers of internet access services and of publicly available number - based interpersonal communications services shall give consumers best - tariff advice relating to their services upon request and , at the latest , 3 months prior to the termination of the contract period .


### national regulatory authorities may require providers of internet access services and of publicly available number - based interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . ### national regulatory authorities may require providers of internet access services and of publicly available interpersonal communications services to publish comprehensive , comparable , reliable , user - friendly and up - to - date information for end - users on the quality of their services to the extent that they offer minimum levels of service quality and on measures taken to ensure equivalence in access for disabled end - users . that information shall , on request , be supplied to the national regulatory authority in advance of its publication . such measures to ensure quality of service shall be in compliance with regulation 2015 / 2120 . providers of publicly available interpersonal communication services shall inform the consumer , if the quality of services they provide depends on any external factors , such as control of signal transmission or network connectivity .


### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of publicly available electronic communications services other than number - independent interpersonal communications services , unless the proposed changes are exclusively to the benefit of the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any such change , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium and in a format chosen by the end - user at the time of concluding the contract . ### end - users shall have the right to terminate their contract without incurring any costs upon notice of changes in the contractual conditions proposed by the provider of internet access services , publicly available number - based interpersonal communications services and transmission services used for broadcasting , unless the proposed changes are exclusively to the benefit of the end - user or are of a purely technical nature and have a neutral effect on the end - user or they are strictly necessary to implement legislative or regulatory changes . providers shall notify end - users , at least one month in advance , of any change in the contractual conditions , and shall inform them at the same time of their right to terminate their contract without incurring any costs if they do not accept the new conditions . member states shall ensure that notification is made in a clear and comprehensible manner on a durable medium by the same means as the provider ordinarily uses in its communications with consumers .


### if a bundle of services or a bundle of services and goods offered to an end - user comprises at least a publicly available electronic communications service other than number - independent interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end - user . ### if a bundle of services or a bundle of services and terminal equipment offered to a consumer comprises at least an internet access service or a publicly available number - based interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the consumer .


### any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number - independent interpersonal communications services shall not re - start the contract period of the initial contract unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re - started . ### any subscription to additional services or terminal equipment provided or distributed by the same provider of internet access services or of publicly available number - based interpersonal communications services shall not extend the term of the contract unless the consumer expressly agrees otherwise when subscribing to the additional services or terminal equipment .


### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , are able to access the emergency services through emergency communications free of charge and without having to use any means of payment , by using the single european emergency number ' 112 ' and any national emergency number specified by member states . ### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones and of private electronic communication networks , are able to access the emergency services through emergency communications free of charge and without having to use any means of payment , by using the single european emergency number ' 112 ' and any national emergency number specified by member states .


### member states shall ensure that caller location information is available to the psap without delay after the emergency communication is set up . member states shall ensure that the establishment and the transmission of the caller location information are free of charge for the end - user and to the authority handling the emergency communication with regard to all emergency communications to the single european emergency number ‘ 112’ . member states may extend that obligation to cover emergency communications to national emergency numbers . competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided . ### member states shall ensure that caller location information is made available to the most appropriate psap without delay after the emergency communication is set up . this shall include both network - based location information and , where available , handset - derived caller location information . member states shall ensure that the establishment and the transmission of the end - user location information are free of charge for the end - user and to the psap with regard to all emergency communications to the single european emergency number ' 112 ' . member states may extend that obligation to cover emergency communications to national emergency numbers . this shall not prevent competent authorities , after consulting berec , from laying down criteria for the accuracy and reliability of the caller location information provided .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall , after consulting berec , be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for end - users , accessibility for persons with disabilities and routing to the most appropriate psap . the commission shall maintain a database of e . 164 numbers of european emergency services to ensure that they are able to contact each other from one member state to another .


### since the management authority required legal , administrative and financial autonomy , it was established in the form of a regulatory agency having legal personality . as was agreed , the seat of the agency was established in tallinn . however , since the tasks relating to technical development and the preparation for the operational management of sis and vis were already being carried out in strasbourg and a backup site for those it systems had been installed in sankt johann im pongau in line also with the locations of the sis and vis systems decided under the relevant legislative instruments , this should continue to be the case . those two sites should also continue to be the locations , respectively , where the tasks relating to operational management of eurodac should be carried out and where a backup site for eurodac should be established . those two sites should also be the locations , respectively , for the technical development and operational management of other large - scale it systems in the area of freedom , security and justice , and , if so provided in the relevant legislative instrument , for a backup site capable of ensuring the operation of a large - scale it system in the event of failure of that system . in order to maximise the possible use of the backup site , this site should also be able to operate systems simultaneously in an active mode provided that it remains capable of ensuring their operation in case of failure of the systems . ### since the management authority required legal , administrative and financial autonomy , it was established in the form of a regulatory agency having legal personality . as was agreed , the seat of the agency was established in tallinn . however , since the tasks relating to technical development and the preparation for the operational management of sis and vis were already being carried out in strasbourg and a backup site for those it systems had been installed in sankt johann im pongau in line also with the locations of the sis and vis systems decided under the relevant legislative instruments , this should continue to be the case . those two sites should also continue to be the locations , respectively , where the tasks relating to operational management of eurodac should be carried out and where a backup site for eurodac should be established . those two sites should also be the locations , respectively , for the technical development and operational management of other large - scale it systems in the area of freedom , security and justice , and , if so provided in the relevant legislative instrument , for a backup site capable of ensuring the operation of a large - scale it system in the event of failure of that system , as long as their capacity allows it . in the case of insufficient capacity and after a proper assessment of needs , further technical sites may be established . in order to maximise the possible use of the backup site , this site should also be able to operate systems simultaneously in an active mode provided that it remains capable of ensuring their operation in case of failure of the systems .


### since the management authority required legal , administrative and financial autonomy , it was established in the form of a regulatory agency having legal personality . as was agreed , the seat of the agency was established in tallinn . however , since the tasks relating to technical development and the preparation for the operational management of sis and vis were already being carried out in strasbourg and a backup site for those it systems had been installed in sankt johann im pongau in line also with the locations of the sis and vis systems decided under the relevant legislative instruments , this should continue to be the case . those two sites should also continue to be the locations , respectively , where the tasks relating to operational management of eurodac should be carried out and where a backup site for eurodac should be established . those two sites should also be the locations , respectively , for the technical development and operational management of other large - scale it systems in the area of freedom , security and justice , and , if so provided in the relevant legislative instrument , for a backup site capable of ensuring the operation of a large - scale it system in the event of failure of that system . in order to maximise the possible use of the backup site , this site should also be able to operate systems simultaneously in an active mode provided that it remains capable of ensuring their operation in case of failure of the systems . ### since the management authority required legal , administrative and financial autonomy , it was established in the form of a regulatory agency having legal personality . as was agreed , the seat of the agency was established in tallinn . however , since the tasks relating to technical development and the preparation for the operational management of sis and vis were already being carried out in strasbourg and a backup site for those it systems had been installed in sankt johann im pongau in line also with the locations of the sis and vis systems decided under the relevant legislative instruments , this should continue to be the case . those two sites should also continue to be the locations , respectively , where the tasks relating to operational management of eurodac should be carried out and where a backup site for eurodac should be established . those two sites should also be the locations , respectively , for the technical development and operational management of other large - scale it systems in the area of freedom , security and justice , and , if so provided in the relevant legislative instrument , for a backup site capable of ensuring the operation of a large - scale it system in the event of failure of that system . in order to maximise the possible use of the backup site , this site should also be able to operate systems simultaneously in an active mode provided that it remains capable of ensuring their operation in case of failure of the systems . it should be possible to establish further technical sites following a decision of the management board after consultation with the commission .


### furthermore , the agency could also be made responsible for the preparation , development and operational management of additional large - scale it systems in application of articles 67 to 89 of the treaty on the functioning of the european union . the agency should be entrusted with such tasks only by means of subsequent and separate legislative instruments , preceded by an impact assessment . ### furthermore , the agency could also be made responsible for the preparation , development and operational management of additional large - scale it systems in application of articles 67 to 89 of the treaty on the functioning of the european union , such as the secure ict solution for cross - border exchange of sensitive data by the judicial authorities . the agency should be entrusted with such tasks only by means of subsequent and separate legislative instruments , preceded by an impact assessment .


### the mandate of the agency with regard to research should be extended in order to increase its ability to be more proactive suggesting relevant and necessary technical changes in the it systems under its responsibility . the agency might not only monitor but also contribute to the implementation of research activities relevant to the operational management of the systems it manages . it should send information on such monitoring to the european parliament , the council and the european data protection supervisor regularly . ### the mandate of the agency with regard to research should be extended in order to increase its ability to be more proactive suggesting relevant and necessary technical changes in the it systems under its responsibility . the agency might not only monitor but also contribute to the implementation of research activities relevant to the operational management of the systems it manages . it should send information on such monitoring to the european parliament , the council and , where the processing of personal data is concerned , the european data protection supervisor regularly .


### the agency should provide advice to member states with regard to the national systems ' connection to the central systems . ### the agency should provide advice to member states with regard to the national systems ' connection to the central systems at their request .


### the agency should also provide ad - hoc support to member states where required by security or migratory extraordinary needs . in particular , where a member state faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large inward migratory flows , the member states should be able to rely on technical and operational reinforcements . this should be provided in hotspot areas by migration management support teams composed of experts from relevant union agencies . where the support of eu - lisa would be required in this context with regard to issues related to the large - scale it systems it manages , the request for support should be sent to the agency by the commission . ### the agency should also provide ad - hoc support to member states where required by security or migratory extraordinary needs . in particular , where a member state faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large inward migratory flows , the member states should be able to rely on technical and operational reinforcements . this should be provided in hotspot areas by migration management support teams composed of experts from relevant union agencies . where the support of eu - lisa would be required in this context with regard to issues related to the large - scale it systems it manages , the request for support should be sent directly to the agency , which should then consult the commission before a decision is taken . the commission should also monitor whether the agency provides a response to the request for advice or ad hoc support without delay .


### the member states and the commission should be represented on a management board , in order to control the functions of the agency effectively . the management board should be entrusted with the necessary functions , in particular to adopt the annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the commission . ### the member states and the commission should be represented on a management board , in order to control the functions of the agency effectively . the management board should be entrusted with the necessary functions , in particular to adopt the annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director and a deputy executive director and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . the agency should be governed and operated taking into account the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the commission .


### member states should appoint a member to the advisory group concerning a large - scale it system , if they are bound under union law by any legislative instrument governing the development , establishment , operation and use of that particular system . denmark should , in addition , appoint a member to the advisory group concerning a large - scale it system , if it decides under article 4 of the protocol no 22 on the position of denmark to implement the legislative instrument governing the development , establishment , operation and use of that particular system in its national law . ### member states should appoint a member to the advisory group concerning a large - scale it system , if they are bound under union law by any legislative instrument governing the development , establishment , operation and use of that particular system . countries associated with the implementation , application and development of the schengen acquis and eurodac - related measures should also appoint a member to the advisory group . denmark should , in addition , appoint a member to the advisory group concerning a large - scale it system , if it decides under article 4 of the protocol no 22 on the position of denmark to implement the legislative instrument governing the development , establishment , operation and use of that particular system in its national law .


### for the purpose of fulfilling its mission and to the extent required for the accomplishment of its tasks , the agency should be allowed to cooperate with union institutions , bodies , offices and agencies , in particular those established in the area of freedom , security and justice , in matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use large - scale it systems managed by the agency in the framework of working arrangements concluded in accordance with union law and policy and within the framework of their respective competences . those working arrangements should receive the commission ' s prior approval . the agency should also consult and follow up the recommendations of the european network and information security agency regarding network security , where appropriate . ### for the purpose of fulfilling its mission , achieving coordination and financial savings , avoiding duplication and promoting synergy and complementarity , and to the extent required for the accomplishment of its tasks , the agency should be allowed to cooperate with union institutions , bodies , offices and agencies , in particular those established in the area of freedom , security and justice , in matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use large - scale it systems managed by the agency in the framework of working arrangements concluded in accordance with union law and policy and within the framework of their respective competences . those working arrangements should receive the commission ' s prior approval . the agency should also consult and follow up the recommendations of the european network and information security agency regarding network security , where appropriate .


### the tasks conferred on it by regulation no 603 / 2013 [ or by regulation xx of xx on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement and europol for law enforcement purposes ] ; ### the tasks conferred on it by regulation no 603 / 2013 [ or by regulation xx of xx on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement and europol for law enforcement purposes , and amending regulation no xxx / xxx ] ;


### the tasks conferred on it by [ regulation no regulation xx of xx on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement and europol for law enforcement purposes 272 final &#8211 ; 2016 / 0132 ] ; ### the tasks conferred on it by [ regulation no regulation xx of xx on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement and europol for law enforcement purposes , and amending regulation no xxx / xxx 272 final &#8211 ; 2016 / 0132 ] ;


### adopt the annual report on the activities of the central system of eurodac pursuant to article 40 of regulation no 603 / 2013 [ or to article 42 of regulation xx of xx on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement and europol for law enforcement purposes ] ; ### adopt the annual report on the activities of the central system of eurodac pursuant to article 40 of regulation no 603 / 2013 [ or to article 42 of regulation xx of xx on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement and europol for law enforcement purposes , and amending regulation xxx / xxx ] ;


### compile and publish statistics on the work of the central system of eurodac pursuant to article 8 of regulation no 603 / 2013 [ or to article 9 of regulation xx of xx on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement and europol for law enforcement purposes ] ; ### compile and publish statistics on the work of the central system of eurodac pursuant to article 8 of regulation no 603 / 2013 [ or to article 9 of regulation xx of xx on the establishment of ' eurodac ' for the comparison of fingerprints for the effective application of [ regulation no 604 / 2013 establishing the criteria and mechanisms for determining the member state responsible for examining an application for international protection lodged in one of the member states by a third - country national or a stateless person ] , for identifying an illegally staying third - country national or stateless person and on requests for the comparison with eurodac data by member states ' law enforcement and europol for law enforcement purposes , and amending regulation xxx / xxx ] ;


### the communication infrastructure shall be adequately managed and controlled in such a way as to protect it from threats , and to ensure its security and that of large - scale it systems for which the agency is responsible , including that of data exchanged through the communication infrastructure . ### without prejudice to paragraph 1 , the communication infrastructure shall be adequately managed and controlled in such a way as to protect it from threats , and to ensure its security and that of large - scale it systems for which the agency is responsible , including that of data exchanged through the communication infrastructure .


### the agency , together with the commission , shall work towards establishing for all systems under the agency ' s operational responsibility , automated data quality control mechanisms and common data quality indicators and towards developing a central repository for reporting and statistics , subject to specific legislative amendments to the existing systems ' instruments and / or to specific provisions in new instruments . ### without prejudice to member states’ responsibilities with regard to the data entered into the systems , the agency , together with the commission , shall work towards establishing for all systems under the agency ' s operational responsibility , automated data quality control mechanisms and common data quality indicators and towards developing a central repository for reporting and statistics , subject to specific provisions in the legislative instruments governing the development , establishment , operation and use of large - scale it systems managed by the agency .


### the agency shall on a regular basis keep the european parliament , the council , the commission , and , where data protection issues are concerned , the european data protection supervisor informed on the developments referred to in paragraph 1 . ### the agency shall on a regular basis keep the european parliament , the council , the commission , and , where personal data processing is concerned , the european data protection supervisor informed on the developments referred to in paragraph 1 .


### the agency shall on a regular basis keep the european parliament , the council , the commission , and , where data protection issues are concerned , the european data protection supervisor informed on the developments referred to in paragraph 1 . ### the agency shall on a regular basis and at least once a year keep the european parliament , the council , the commission , and , where the processing of personal data is concerned , the european data protection supervisor , informed on the developments referred to in paragraph 1 , without prejudice to the reporting requirements in relation to the implementation of the parts of the framework programme for research and innovation which relate to large - scale it systems in the area of freedom , security and justice .


### the agency shall on a regular basis keep the european parliament , the council and , where data protection issues are concerned , the european data protection supervisor , informed of the evolution of the pilot projects referred to in the first subparagraph . ### the agency shall on a regular basis keep the european parliament , the council and , where personal data processing is concerned , the european data protection supervisor , informed of the evolution of the pilot projects referred to in the first subparagraph .


### the agency shall on a regular basis keep the european parliament , the council and , where data protection issues are concerned , the european data protection supervisor , informed of the evolution of the pilot projects referred to in the first subparagraph . ### the agency shall on a regular basis keep the european parliament , the council and , where the processing of personal data is concerned , the european data protection supervisor , informed of the evolution of the pilot projects referred to in the first subparagraph .


### the agency may plan and implement testing activities on matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use of all large - scale it systems managed by the agency after a decision of the management board . ### the agency may plan and implement testing activities on matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use of all large - scale it systems managed by the agency after a decision of the management board . the agency shall ensure an adequate level of quality with regard to testing activities and shall cover all relevant costs .


### the agency may plan and implement testing activities on matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use of all large - scale it systems managed by the agency after a decision of the management board . ### the agency may plan and implement testing activities on matters covered by this regulation and the legislative instruments governing the development , establishment , operation and use of all large - scale it systems managed by the agency after informing the management board .


### the agency may be requested to provide advice to member states with regard to the national systems ' connection to the central systems and ad - hoc support to member states . the requests for ad - hoc support shall be submitted to the commission which shall transmit them to the agency . it may also be requested to provide advice or support to the commission on technical issues related to existing or new systems including by way of studies and testing . ### any member state may request the agency to provide advice as regards its national systems ' connection to the central systems . any member state may submit a request for ad - hoc support to the commission which , subject to its positive assessment that such support is required , shall transmit it to the agency , which shall inform the management board . the commission shall monitor whether the agency has provided a timely response to the member state ' s request . the agency may also be requested to provide advice or support to the commission on technical issues related to existing or new systems including by way of studies and testing .


### both technical sites may be used simultaneously for active operation of the large - scale it systems provided that the second site remains capable of ensuring their operation in case of failure of one or more of the systems . no further technical sites can be established without an amendment to this regulation . ### both technical sites may be used simultaneously for active operation of the large - scale it systems provided that the second site remains capable of ensuring their operation in case of failure of one or more of the systems .


### appoint , the executive director , and where relevant extend his / her term of office or remove him or her from office , in accordance with article 22 ; ### appoint , the executive director and deputy executive director , and where relevant extend his / her term of office or remove him or her from office , in accordance with article 22 ;


### exercise disciplinary authority over the executive director and oversee his performance including the implementation of the management board’s decisions ; ### exercise disciplinary authority over the executive director and oversee his performance including the implementation of the management board’s decisions as well as over the deputy executive director , in agreement with the executive director ;


### adopt rules for the prevention and management of conflicts of interest in respect of its members ; ### adopt rules for the prevention and management of conflicts of interest in respect of its members and publish them on the agency&#180 ; s website ;


### ensure adequate follow - up to the findings and recommendations stemming from the various internal or external audit reports and evaluations as well as from investigations of the european antifraud office ; ### ensure adequate follow - up to the findings and recommendations stemming from the various internal or external audit reports and evaluations as well as from investigations of the european antifraud office [ and the european public prosecutor’s office ] ;


### the management board may advise the executive director on any matter strictly related to the development or operational management of large - scale it systems and on activities related to research , pilot projects , proofs of concept and testing activities . ### the management board may advise the executive director on any matter strictly related to the development or operational management of large - scale it systems and on activities related to research , pilot projects and proofs of concept .


### countries associated with the implementation , application and development of the schengen acquis and eurodac - related measures shall participate in the activities of the agency . they shall each appoint one representative and an alternate to the management board . ### countries associated with the implementation , application and development of the schengen acquis , as well as of dublin and eurodac - related measures , shall participate in the activities of the agency . they shall each appoint one representative and an alternate to the management board .


### the management board shall hold at least two ordinary meetings a year . in addition , it shall meet on the initiative of its chairperson , at the request of the commission , or at the request of at least one third of its members . ### the management board shall hold at least two ordinary meetings a year . in addition , it shall meet on the initiative of its chairperson , at the request of the commission , at the request of the executive director or at the request of at least one third of its members .


### the executive director shall manage the agency . the executive director shall assist and be accountable to the management board . the executive director shall report to the european parliament on the performance of his or her duties when invited to do so . the council may invite the executive director to report on the performance of his / her duties . ### the executive director shall manage and represent the agency . the executive director shall assist and be accountable to the management board . the executive director shall report to the european parliament on the performance of his or her duties when invited to do so and , in accordance with article 42 , shall be subject to the procedure for annual discharge by the european parliament for the implementation of the budget . the european parliament and the council may invite the executive director to report on the performance of his / her duties .


### preparing an action plan following up on the conclusions of internal or external audit reports and evaluations , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and regularly to the management board ; ### preparing an action plan following up on the conclusions of internal or external audit reports and evaluations , as well as investigations by the european anti - fraud office and [ by the eppo and ] reporting on progress twice a year to the commission and regularly to the management board ;


### protecting the financial interests of the union by applying preventing measures against fraud , corruption and any other illegal activities , without prejudicing the investigative competence of olaf , by effective checks and , if irregularities are detected , by recovering amounts wrongly paid and , where appropriate , by imposing effective , proportionate and dissuasive administrative including financial penalties ; ### protecting the financial interests of the union by applying preventing measures against fraud , corruption and any other illegal activities , without prejudicing the investigative competence of [ the eppo and ] olaf , by effective checks and , if irregularities are detected , by recovering amounts wrongly paid and , where appropriate , by imposing effective , proportionate and dissuasive administrative including financial penalties ;


### preparing an anti - fraud strategy for the agency and submitting it to the management board for approval ; ### preparing an anti - fraud strategy for the agency and submitting it to the management board for approval as well as monitoring the proper and timely implementation of that strategy ;


### the term of office of the executive director shall be five years . by the end of that period , the commission shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the agency ' s future tasks and challenges . ### the term of office of the executive director shall be five years . by the end of that period , the management board , in close consultation with the commission , shall undertake an assessment that takes into account an evaluation of the executive director ' s performance and the agency ' s future tasks and challenges .


### when preparing an opinion , the members of each advisory group shall do their best to reach a consensus . if such a consensus is not reached , the opinion shall consist of the reasoned position of the majority of members . the minority reasoned position shall also be recorded . article 20 and shall apply accordingly . the members representing the countries associated with the implementation , application and development of the schengen acquis and eurodac - related measures shall be allowed to express opinions on issues on which they are not entitled to vote . ### when preparing an opinion , the members of each advisory group shall do their best to reach a consensus . if such a consensus is not reached , the opinion shall consist of the reasoned position of the majority of members . the minority reasoned position shall also be recorded . article 20 and shall apply accordingly . the members representing the countries associated with the implementation , application and development of the schengen acquis , as well as of dublin and eurodac - related measures , shall be allowed to express opinions on issues on which they are not entitled to vote .


### each member state and each country associated with the implementation , application and development of the schengen acquis and eurodac - related measures shall facilitate the activities of the advisory groups . ### each member state and each country associated with the implementation , application and development of the schengen acquis , as well as of dublin and eurodac - related measures , shall facilitate the activities of the advisory groups .


### the commission and the member states may second officials or national experts to the agency on a temporary basis . the management board shall adopt a decision laying down rules on the secondment of national experts to the agency . ### the commission and the member states , upon request of the agency , may second officials or national experts to the agency on a temporary basis . the management board shall adopt a decision laying down rules on the secondment of national experts to the agency .


### the agency ' s host member states shall provide the best possible conditions to ensure the proper functioning of the agency , including multilingual , european - oriented schooling and appropriate transport connections . ### the agency ' s host member states shall provide the best possible conditions to ensure the proper functioning of the agency , including , inter alia , multilingual , european - oriented schooling and appropriate transport connections .


### the management board shall adopt the detailed rules for applying regulation no 1049 / 2001on the basis of a proposal by the executive director the management board shall adopt rules concerning access to the agency’s documents , in accordance with regulation no 1049 / 2001 . ### the management board shall adopt the detailed rules for applying regulation no 1049 / 2001 . on the basis of a proposal by the executive director the management board shall adopt without delay rules concerning access to the agency’s documents , in accordance with regulation no 1049 / 2001 .


### the agency shall communicate in accordance with the legislative instruments governing the development , establishment , operation and use of large - scale it - systems and may engage in communication activities on its own initiative within its field of competence . it shall ensure in particular that in addition to the publications specified in article 15 , , , , [ ] , [ ] , [ ] and article 42 , the public and any interested party are rapidly given objective , accurate , reliable comprehensive and easily understandable information with regard to its work . the allocation of resources to communication activities shall not be detrimental to the effective exercise of the agency ' s tasks as referred to in articles 3 to 12 . communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the management board . ### the agency shall communicate in accordance with the legislative instruments governing the development , establishment , operation and / or use of large - scale it - systems and may engage in communication activities on its own initiative within its field of competence . it shall ensure in particular that in addition to the publications specified in article 15 , , , , [ ] , [ ] , [ ] and article 42 , the public and any interested party are rapidly given objective , accurate , reliable comprehensive and easily understandable information with regard to its work . the allocation of resources to communication activities shall not be detrimental to the effective exercise of the agency ' s tasks as referred to in articles 3 to 12 . communication activities shall be carried out in accordance with relevant communication and dissemination plans adopted by the management board .


### no later than five years from the entry into force of this regulation , and every five years thereafter , the commission shall assess the agency ' s performance in relation to its objectives , mandate , tasks and locations in accordance with the commission ' s guidelines . the evaluation shall also assess the contribution of the agency to the establishment of a coordinated , cost - effective and coherent it environment at union level for the management of large scale it systems supporting the implementation of justice and home affairs policies . the evaluation shall in particular assess the possible need to modify the mandate of the agency and the financial implications of any such modification . ### no later than five years from the entry into force of this regulation , and every five years thereafter , the commission , after consulting the management board , shall assess the agency ' s performance in relation to its objectives , mandate , tasks and locations . the evaluation shall examine the implementation of the provisions of this regulation and assess the contribution of the agency to the establishment of a coordinated , cost - effective and coherent it environment at union level for the management of large scale it systems supporting the implementation of justice and home affairs policies . the evaluation shall in particular assess the possible need to modify the mandate of the agency and the financial implications of any such modification . the management board may present recommendations regarding changes to this regulation to the commission .


### cooperation with union bodies , offices and agencies shall take place within the framework of working arrangements . such arrangements shall have received the commission ' s prior approval . such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks . ### cooperation with union bodies , offices and agencies shall take place within the framework of working arrangements . such arrangements shall be concluded following close consultation with the commission . such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks .


### cooperation with union bodies , offices and agencies shall take place within the framework of working arrangements . such arrangements shall have received the commission ' s prior approval . such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks . ### cooperation with union bodies , offices and agencies shall take place within the framework of working arrangements . such arrangements shall be concluded following consultation with the commission . such arrangements may provide for the sharing of services between agencies where appropriate either by proximity of locations or by policy area within the limits of the respective mandates and without prejudice to their core tasks . the working arrangements shall establish the mechanisms for cost recovery .


### 38participation by countries associated with the implementation , application and development of the schengen acquis and eurodac - related measures ### 38participation by countries associated with the implementation , application and development of the schengen acquis , as well as of dublin and eurodac - related measures


### the agency shall be open to the participation of third countries that have entered into association agreements with the union to this effect . ### the agency shall be open to the participation of countries that have entered into any agreements with the union on their association with the implementation , application and development of the schengen acquis , as well as of dublin and eurodac - related measures .


### each year the executive director shall draw up , taking into account the activities carried out by the agency , a draft statement of estimates of the agency ' s revenue and expenditure for the following financial year , including an establishment plan , and shall send it to the management board . ### each year the executive director shall draw up , in accordance with the principle of performance - based budgeting and taking into account the activities carried out by the agency as well as its objectives and expected results , a draft statement of estimates of the agency ' s revenue and expenditure for the following financial year , including an establishment plan , and shall send it to the management board .


### the management board shall , on the basis of the draft statement of estimates drawn up by the executive director , adopt a draft estimate of the revenue and expenditure of the agency for the following financial year , including the draft establishment plan . the management board shall send them to the commission and to the countries associated with the implementation , application and development of the schengen acquis and eurodac - related measures , as a part of the single programming document , by 31 january each year . ### the management board shall , on the basis of the draft statement of estimates drawn up by the executive director , adopt a draft estimate of the revenue and expenditure of the agency for the following financial year , including the draft establishment plan . the agency shall send them to the commission and to the countries associated with the implementation , application and development of the schengen acquis and eurodac - related measures , as a part of the single programming document , by 31 january each year .


### the agency shall send a report on the budgetary and financial management for year n to the european parliament , the council , the court of auditors and the commission by 31 march of year n + 1 . ### the executive director shall send a report on the budgetary and financial management for year n to the european parliament , the council , the court of auditors and the commission by 31 march of year n + 1 .


### olaf may carry out investigations including on - the - spot checks and inspections with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union in connection with a grant or a contract funded by the agency , in accordance with the provisions and procedures laid down in regulation no 883 / 2013 and council regulation no 2185 / 9694 . __________________ 94 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . ### [ the eppo , ] olaf [ , or both , ] may carry out investigations including on - the - spot checks and inspections with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union in connection with a grant or a contract funded by the agency , in accordance with the provisions and procedures laid down in regulation no 883 / 2013 and council regulation no 2185 / 9694 . __________________ 94 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities .


### the executive director of eu - lisa appointed on the basis of article 18 of regulation no 1077 / 2011 shall , for the remaining term of his office , be assigned to the responsibilities of the executive director , as provided for in article 21 of this regulation . ### the executive director of eu - lisa appointed on the basis of article 18 of regulation no 1077 / 2011 shall , for the remaining term of his or her office , be assigned to the responsibilities of the executive director of the agency , as provided for in article 21 of this regulation . the other conditions of his or her contract shall remain unchanged . if a decision extending the mandate of the executive director in accordance with article 18 of regulation 1077 / 2011 is adopted prior to the entry into force of this regulation , the term of office shall be extended automatically until 31 october 2022 .


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


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the agri - food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized and mid - cap operators in the agri - food supply chain both inside and outside the union . nevertheless , all operators , regardless of their economic dimension , are vulnerable to unfair trading practices .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . _________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products , including producer organisations , associations of producer organisations and cooperatives . the financial pressure caused by unfair trading practices often passes through the chain and reaches agricultural producers and therefore rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . _________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations . as the financial pressure on enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . _________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced throughout the food supply chain and including all the operators involved in order to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . _________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . _________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies agricultural or food products , including agricultural cooperatives , producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec1212 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on family farms and small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . _________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations . as the financial pressure on enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers .


### when deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency - creating agreements agreed between parties . as a result , it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms , so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited . however , certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them . ### when deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency - creating agreements agreed between parties . as a result , it is appropriate to distinguish trading practices that are unfair by their very nature and should not be left to the parties ' contractual freedom from those that are foreseen in clear and unambiguous terms in supply agreements between parties and practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms , but which are not an attempt by the buyer to use the supplier ' s economic dependence on the buyer to force that supplier to accept its terms , so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . there is a need for joint eu - level recording and regular publication on a public website of market operators which employ unfair trading practices , as well as of investigation results .


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


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should be impartial bodies with no conflicts of interest with operators in the agricultural and food supply chain and have an in depth knowledge of the functioning of the chain . they should guarantee the fair and proper functioning of the agricultural and food supply chain and promptly terminate a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and other equally effective sanctions and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . repeated infringements should be taken into account when determining the sanction to be applied . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing all relevant information and assisting in investigations which have a cross - border dimension .