### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate actions and to the achievement of an overall target of 25% of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute to 30% of the overall financial envelope of the emff to climate objectives . relevant actions will be identified during the preparation and implementation of the emff , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate actions and to the achievement as soon as possible of an overall target of 30% of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute to 30% of the overall financial envelope of the emff to climate objectives . relevant actions will be identified during the preparation and implementation of the emff , and reassessed in the context of the relevant evaluations and review processes .


### the emff may support actions for the protection and restoration of marine and coastal biodiversity and ecosystems , including in inland waters . ### the emff may support actions for the protection and restoration of marine and coastal biodiversity and ecosystems , including in inland waters . for this purpose the cooperation with the european space agency and european satellite programmes should be fostered to gather more data on the situation of maritime pollution and especially plastic waste in the waters .


### international cooperation on and development of ocean research and data . ### international cooperation on and development of ocean research and data , notably on marine plastic litter , obtained through appropriate sensors on satellites , notably from the copernicus component of the eu space programme , autonomous aircraft and in - situ observing systems , capable of monitoring larger items of floating litter as well as concentrations of smaller items .


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


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


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


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


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### their primary purpose is to enable business users to offer goods or services to consumers , by initiating direct transactions between business users and consumers ;


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


### providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services . ### providers of online intermediation services or online search engines shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users or corporate website users to any personal data or other data , or both , which business users or corporate website users or consumers provide for the use of the online intermediation services or online search engine services concerned or which are generated through the provision of those services .


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


### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . ### providers of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services .


### providers of online intermediation services shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint - handling system . ### providers of online intermediation services shall regularly review the functioning and effectiveness of their internal complaint - handling system .


### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 . ### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned that could not be resolved by means of the internal complaint - handling system referred to in article 9 .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### organisations or associations shall have the right referred to in paragraph 1 only where , at the time of bringing the action , they meet all of the following requirements : ### organisations or associations shall have the right referred to in paragraph 1 only where , at the time of bringing the action and for the duration of the action , they meet all of the following requirements :


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


### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . ### online intermediation services can be an important element for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . at the same time , the functioning and market promotion of a small number of influential online platforms can also affect the work of other smaller online intermediary service providers .


### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union ' s internal market in today ' s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws . ### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union ' s internal market in today ' s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users may effectively limit the volume of sales by suppliers through on - line intermediation services and even undermine their market confidence , hampering the full realisation of that potential and negatively affecting the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by significant regulatory disparities in the eu resulting from the diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws .


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


### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union . ### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 , clarifying that it should encompass the diversity of search engine services available on the market . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to apply restrictions or sanctions to business users , to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . this could include violation of the terms and conditions , as well as business user violation which could be harmful to the consumer or to the platforms . given that such decisions can significantly affect the interests of the business user concerned as well as the exercise of fundamental rights business users enjoy , such as the freedom to conduct business and freedom of expression , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to restrict , suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . penalties may be imposed on business users for various reasons , for example breach of agreed terms and conditions or of eu competition or consumer law . however , given that such decisions can significantly affect the interests of business users and their fundamental rights , such as freedom to engage in a business activity , they should be properly informed of the reasons thereof as soon as possible . the statement of reasons should contain detailed information allowing business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a corresponding statement of reasons as soon as possible should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify clearly and in detail the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . ### the ranking of goods and services by the providers of online intermediation services has an important impact in terms of digital market competitiveness and on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services .


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


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation introduces a fair , predictable , sustainable and reliable legal framework that lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities .


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### their primary purpose is to enable business users to offer goods or services to consumers by initiating direct online transactions between those business users and consumers on the online portal of the provider of the online intermediation services in question or by direct link to that of the business user .


### they are provided to business users on the basis of contractual relationships between , on the one hand , the provider of those services and , on the other hand , both those business users and the consumers to which those business users offer goods or services ; ### they are provided to business users on the basis of contractual relationships between the provider of those services and business users who offer goods and services to consumers ;


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### they allow business users to offer goods or services to consumers , goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , on the online intermediation service’s website or by direct link to the website of the business user ;


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . in making such decisions , online intermediation service providers must respect the fundamental rights enshrined in the charter of fundamental rights of the eu and comply with the principle of proportionality .


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


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out the objective grounds consistent with those terms and conditions for decisions to sanction , suspend or terminate , in whole or in part , the provision of their online intermediation services to business users .


### the business user concerned may , either by means of a written statement or a clear affirmative action , waive the notice period referred to in the second subparagraph . ### the business user concerned may by means of a written statement waive the notice period referred to in the second subparagraph . during the 7 days period , online intermediation service providers may require business users to accept the modified terms and conditions if they intend to submit new goods , content or services to the online intermediation service .


### providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions . ### providers of online intermediation services shall without delay notify to the business users concerned any envisaged modification of their terms and conditions .


### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . ### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . paragraph 3 shall not apply if the terms and conditions have been modified in order to protect the legitimate interest of the consumers or the integrity of the platform .


### suspension and termination ### restriction , suspension and termination


### the description referred to in paragraph 1 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services relating to any of the following : ### the description referred to in paragraph 1 and 2 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services or the provider of online search engines relating to any of the following :


### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . ### providers of online intermediation services shall not restrict the ability of business users to offer different conditions to consumers for obtaining the goods and services at issue through other means than those services


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


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### the parties involved in the mediation shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute within a time period of no longer that 25 days from commencement of the mediation , unless fulfilling this deadline would constitute an unreasonable burden taking into account the complexity of the dispute . in this case , an agreement should breached within a time period of no longer than 90 days .


### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 . ### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the voluntary settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation . ### organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the requirements laid down in this regulation .


### they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent ; ### they pursue objectives , publically stated in their statute or other relevant governance document , that are in the collective interest of the group of business users or corporate website users that they represent ;


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


### by [ date : three years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee . ### by [ date : two years after the date of entry into force ] , and subsequently every two years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee . where appropriate , the commission shall submit a legislative proposal to amend this regulation , particularly in order to ensure that the objectives set out in paragraph 2 are met .


### the first evaluation of this regulation shall be carried out , in particular , with a view to assessing the compliance with , and impact on the online platform economy of , the obligations laid down in articles 5 , 6 , 7 and 8 , and whether additional rules , including regarding enforcement , may be required to ensure a fair , predictable , sustainable and trusted online business environment within the internal market . ### the review shall at least include the assessment of : the effectiveness of this regulation , including the thresholds defined in paragraphs 4 to 6 of article 1 ; ii . the effectiveness of established codes of conduct to improve fairness and transparency ; iii . the need to more effectively tackle potentially harmful practices in commercial transactions between online search engines and their business users , particularly with regard to the issues identified in article 2 of the commission decision c2393 on setting up the group of experts for the observatory on the online platform economy ; iv . possible impacts of potentially harmful practices on consumers ; v . the need to include operating systems in the scope of this regulation ; vi . the need to establish a non - exhaustive list of unfair practices .


### the transnational and cross - border co - operation and the support to all organisations operating for eures in member states would be facilitated by a structure at union level that should provide common information , training activities , tools and guidance . that structure should also be responsible for the development of the ' european job mobility portal ' , the common it platform . to guide its work , multiannual work programmes should be developed in consultation with member states . ### the transnational and cross - border co - operation , including cross - border partnerships and the support to all organisations operating for eures in member states would be facilitated by a structure at union level that should provide common information , training activities , tools and guidance . that structure should also be responsible for the development of the ' european job mobility portal ' , the common it platform . to guide its work , multiannual work programmes should be developed in consultation with member states .


### the transnational and cross - border co - operation and the support to all organisations operating for eures in member states would be facilitated by a structure at union level that should provide common information , training activities , tools and guidance . that structure should also be responsible for the development of the ' european job mobility portal ' , the common it platform . to guide its work , multiannual work programmes should be developed in consultation with member states . ### the interregional , transnational and cross - border co - operation and the support to all organisations operating for eures in member states would be facilitated by a structure at union level that should provide common information , training activities , tools and guidance . that structure should also be responsible for the development of the ' european job mobility portal ' , the common it platform . to guide its work , multiannual work programmes should be developed in consultation with member states .


### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task of dealing with complaints and problems with job vacancies , and verify compliance issues as regards voluntary and fair labour mobility within the union . ### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task of dealing with complaints and problems with job vacancies and administrative barriers , and verify compliance issues as regards voluntary and fair labour mobility within the union .


### a broader membership of the eures network has social , economic and financial benefits . it improves efficiency in service delivery by facilitating partnerships , enhancing complementarity and quality improvements . it increases the market share of the eures network insofar as new members make available job vacancies , job applications and curriculum vitae . transnational and cross - border co - operation , which is a key feature of the operation of the eures network , could generate innovative forms of learning and co - operation between employment services , including on quality standards for job vacancies and support services . the eures network would therefore enhance its relevance as one of the key union tools available to member states and the european commission for supporting concrete measures towards a high level of employment within the union . ### a broader membership of the eures network has social , economic and financial benefits . it improves efficiency in service delivery by facilitating partnerships , enhancing complementarity and quality improvements . it increases the market share of the eures network insofar as new members make available job vacancies , job applications and curriculum vitae . interregional , transnational and cross - border co - operation , which is a key feature of the operation of the eures network , could generate innovative forms of learning and co - operation between employment services , including on quality standards for job vacancies and support services . the eures network would therefore enhance its relevance as one of the key union tools available to member states and the european commission for supporting concrete measures towards a high level of employment within the union .


### a profound understanding of labour demand in terms of occupations , sectors and needs of employers would benefit the right of free movement of workers within the union and therefore support services should include good quality assistance to employers , small and medium sized enterprises in particular . close working relationships between employment services and employers will increase the pool of job vacancies and job matching of suitable candidates , secure pathways for job seekers in particular those in vulnerable groups and improve labour market intelligence . ### a profound understanding of labour demand in terms of occupations , sectors and needs of employers would benefit the right of free movement of workers within the union and therefore support services should include good quality assistance to employers , small and medium sized enterprises in particular . close working relationships between employment services and employers will increase the pool of job vacancies and job matching of suitable candidates , ensure decreasing of labour shortages , secure pathways for job seekers in particular those in vulnerable groups and improve labour market intelligence .


### particular attention should be paid to supporting mobility in the cross - border regions for and providing services to frontier workers who are living in one member state and working in another and have to cope with different national practices and legal systems and encounters specific administrative , legal or tax obstacles to mobility . member states may choose to set up specific support structures to facilitate this kind of mobility , such structures should , within the framework of the eures network , address the specific needs for information , guidance , cross - border matching between labour demand and supply and the resulting placements . ### particular attention should be paid to supporting regions that suffer from severe and permanent natural or demographic handicaps , to the outermost regions and to mobility in the cross - border regions and providing services to frontier workers who are living in one member state and working in another and have to cope with different national practices and legal systems and encounters specific administrative , legal or tax obstacles to mobility . member states may choose to set up specific support structures to facilitate this kind of mobility , and such structures should , within the framework of the eures network , address the specific needs for information , guidance , cross - border matching between labour demand and supply and the resulting placements .


### ‘ employment services’ means any legal or natural person , lawfully operating in a member state , which provides services for job seekers to get employed and for employers to recruit workers ; ### ‘ employment services’ means any legal or natural person , lawfully operating in a member state , whether of a public or private nature and , in the latter case , whether for profit or non - profit , which provides services for job seekers to get employed and for employers to recruit workers ;


### in accordance with their respective roles and responsibilities , all organisations participating in the eures network promote actively , in close cooperation , the opportunities labour mobility in the union offers and seek to enhance ways and means for workers and employers to seize these opportunities at local , regional , national and european level . ### in accordance with their respective roles and responsibilities , all organisations participating in the eures network promote actively , in close cooperation , the opportunities labour mobility in the union offers and seek to enhance ways and means for workers and employers to seize these opportunities at local , regional , national and european level . they also provide workers and employers with information on any administrative barriers they may encounter .


### the better functioning and integration of the labour markets in the union ; ### the better functioning and integration of the labour markets in the union , including cross - border labour markets ,


### organisation of the work for eures in the member state , including the delivery of support services in accordance with chapter iv ; ### organisation of the work for eures in the member state , including organisation of the delivery of support services , with particular attention to the regional and / or local dimension , in accordance with chapter iv ;


### applicant organisations can choose to participate in the eures network according to the following options : ### applicant organisations participate in the eures network through the following means :


### to contribute to the pool of job vacancies in accordance with article 14 , paragraph ; ### contributing to the pool of job vacancies in accordance with article 14 , paragraph ;


### to contribute to the pool of job applications and cv’s in accordance with article 14 , paragraph ; ### contributing to the pool of job applications and cv’s in accordance with article 14 , paragraph ;


### to provide support services to workers and employers in accordance with chapter iv or ### providing support services to workers and employers in accordance with chapter iv .


### member states shall support the development of a coordinated approach at national level to such services . ### member states shall support the development of a coordinated approach at national level to such services , designed to address the specific needs of regions and / or municipalities .


### if employers are interested in further assistance and there is a reasonable likelihood of an intra - eu recruitment , the eures partners concerned provide further assistance , consisting of such services as the pre - selection of suitable candidates and assistance with providing translations and / or obtaining clarifications on specific job applications . ### if employers are interested in further assistance and there is a reasonable likelihood of an intra - eu recruitment , the eures partners concerned provide further assistance , consisting of such services as the pre - selection of suitable candidates and assistance with providing translations and / or obtaining clarifications on specific job applications , in the fields in which there is a major labour shortage in the member state concerned .


### the commission and the member states monitor labour mobility flows and patterns in the union on the basis of eurostat statistics and the available national data . ### the commission and the member states monitor labour mobility flows and patterns in the union on the basis of eurostat statistics and the available national and regional data .


### taking into account the exchange of information and the joint analysis , member states shall develop mobility policies as an integral part of their employment policies . these mobility policies provide the framework on the basis of which member states carry out the programming referred to in article 28 . ### taking into account the exchange of information and the joint analysis , member states shall endeavour to develop mobility policies as an integral part of their employment policies . these mobility policies provide the framework on the basis of which member states carry out the programming referred to in article 28 .


### to strengthen the rule of law , democracy , the respect of human rights , fundamental rights and international law , civil society and security as well as improve migration management including border management ; ### to strengthen the rule of law , democracy , the respect of human rights , including the rights of persons belonging to minorities , fundamental rights and international law , civil society and security as well as improve migration management including border management ;


### promoting social protection and inclusion and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems . ### promoting social protection and inclusion , in particular of minorities , and combating poverty . interventions in this area shall aim at modernising social protection systems to provide effective , efficient , and adequate protection throughout all stages of a person ' s life , fostering social inclusion , promoting equal opportunities and addressing inequalities and poverty . interventions in this area shall also focus on : integrating marginalised communities such as the roma ; combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation ; enhancing access to affordable , sustainable and high quality services , such as early childhood education and care , housing , healthcare and essential social services and long term care , including through the modernisation of social protection systems .


### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . of particular concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise and recruit and to facilitate and direct terrorist activity . ### hosting service providers active on the internet play an essential role in the digital economy by connecting business and citizens and by facilitating public debate and the distribution and receipt of information , opinions and ideas , contributing significantly to innovation , economic growth and job creation in the union . however , their services are in certain cases abused by third parties to carry out illegal activities online . a matter of extreme concern is the misuse of hosting service providers by terrorist groups and their supporters to disseminate terrorist content online in order to spread their message , to radicalise , disinform and recruit and to facilitate and direct terrorist activity .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council . given the need to address the most harmful terrorist propaganda online , the definition should capture material that incites , encourages or advocates the commission or contribution to terrorist offences , or promotes the participation in activities of a terrorist group . the definition should also cover content that provides guidance for the making and the use of explosives , firearms , any other weapons , noxious or hazardous substances as well as chemical , biological , radiological and nuclear substances and any guidance on other methods and techniques , including the selection of targets , for the purpose of committing terrorist offences . such information material includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , counter - narrative or research purposes should be adequately protected , by striking a fair balance between fundamental rights and public security needs . especially in cases where the content provider holds an editorial responsibility , any decision as to the removal of the disseminated material should take into account the journalistic standards established by press or media regulation consistent with the law of the union and the charter of fundamental rights . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to the public , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to the public . for the purpose of this regulation cloud infrastructure services providers and services at other layers of the internet infrastructure than application layer as well as webhosting service providers that provide the technical infrastructure to websites operators should not be considered as ‘ hosting service providers’ . the regulation should apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . given the various practices in the union , member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services the effectiveness of removal of terrorist content depends on the swiftness of its removal . therefore , this provision imposes obligations on hosting service providers following a legal removal order to ensure that terrorist content identified is removed or access to it is disabled immediately and in any event within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


### to ensure proportionality , the period of preservation should be limited to six months to allow the content providers sufficient time to initiate the review process and to enable law enforcement access to relevant data for the investigation and prosecution of terrorist offences . however , this period may be prolonged for the period that is necessary in case the review proceedings are initiated but not finalised within the six months period upon request by the authority carrying out the review . this duration should be sufficient to allow law enforcement authorities to preserve the necessary evidence in relation to investigations , while ensuring the balance with the fundamental rights concerned . ### to ensure proportionality , the period of preservation should be limited to one year to allow the content providers sufficient time to initiate the review process and to enable law enforcement access to relevant data for the investigation and prosecution of terrorist offences . however , this period may be prolonged for the period that is necessary in case the proceedings are initiated but not finalised within the two years period upon request by the authority carrying out the review process or the investigation and prosecution of terrorist offences . this duration should take into consideration the special nature of the removed content , which has already been deemed terrorist content after an assessment by the competent authority , and should therefore be sufficient to allow law enforcement authorities to preserve the necessary evidence in order to effectively investigate and prosecute , while ensuring the balance with the fundamental rights concerned .


### in order to avoid duplication and possible interferences with investigations , the competent authorities should inform , coordinate and cooperate with each other and where appropriate with europol when issuing removal orders or sending referrals to hosting service providers . in implementing the provisions of this regulation , europol could provide support in line with its current mandate and existing legal framework . ### in order to avoid duplication and possible interferences with investigations , the competent authorities should inform , coordinate and cooperate with each other and where appropriate with europol before issuing removal orders or when sending referrals to hosting service providers . when deciding upon issuing a removal order , the competent authority should give due consideration to any notification of an interference with an investigative interests . where a competent authority is informed about an existing removal order issued by the competent authority of another member state , it should refrain from issuing a duplicate order . in implementing the provisions of this regulation , europol could provide support in line with its current mandate and existing legal framework .


### for the purposes of this regulation , member states should designate competent authorities . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , referrals and for overseeing proactive measures and for imposing penalties . it is for member states to decide how many authorities they wish to designate for these tasks . ### for the purposes of this regulation , member states should designate a competent authority . the requirement to designate a competent authority does not necessarily require the establishment of a new authority but can be an existing body tasked with the functions set out in this regulation . this regulation requires designating an authority competent for issuing removal orders , referrals and for overseeing proactive measures and for imposing penalties .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . moreover , the competent authority should take into account whether the hosting service provider is a start - up or a small and medium sized business and should determine on a case - by - case basis if it had the ability to adequately comply with the issued order . in justified cases , the competent authority may decide to suspend or mitigate the penalty against the start - up or small and medium sized company . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content .


### instructing on methods or techniques for the purpose of committing terrorist offences . ### providing guidance on methods or techniques , including on the making or use of explosives , firearms or other weapons or noxious or hazardous substances as well as cbrn substances , for the purpose of committing terrorist offences .


### if the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider , it shall inform , without undue delay , the competent authority , explaining the reasons , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the reasons invoked are no longer present . ### if the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider , it shall inform , without undue delay , the competent authority , report on the reasons , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the reasons invoked are no longer present .


### if the hosting service provider cannot comply with the removal order because the removal order contains manifest errors or does not contain sufficient information to execute the order , it shall inform the competent authority without undue delay , asking for the necessary clarification , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the clarification is provided . ### if the hosting service provider cannot comply with the removal order in instances when the removal order contains manifest errors or does not contain sufficient information to execute the order , it shall inform the competent authority immediately , asking for the necessary clarification , using the template set out in annex iii . the hosting service provider shall remove the terrorist content or disable access to it expeditiously as soon as the clarification to the removal order is provided .


### member states and hosting service providers may choose to make use of dedicated tools , including , where appropriate , those established by relevant union bodies such as europol , to facilitate in particular : ### to avoid duplication and to minimize the expenses for the affected hosting service provider , member states shall make use of dedicated tools , including those established by competent union bodies such as europol , to facilitate in particular :


### where hosting service providers become aware of any evidence of terrorist offences , they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative . hosting service providers may , in case of doubt , transmit this information to europol for appropriate follow up . ### where hosting service providers become aware of any evidence of terrorist offences they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state . where it is impossible to identify the member state concerned , the hosting service providers shall notify the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative , and also transmit this information to europol for appropriate follow up .


### hosting service providers shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to articles 4 and 5 . they shall ensure that this information is made publicly available . ### hosting service providers exposed to terrorist content and receiving removal orders shall establish a point of contact allowing for the receipt of removal orders and referrals by electronic means and ensure their swift processing pursuant to articles 4 and 5 . they shall ensure that this information is made publicly available .


### member states shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders and referrals issued by them . information about the contact point shall be made publicly available . ### member states shall establish a point of contact to handle requests for clarification and feedback in relation to removal orders and referrals issued by them . a database with information about the contact points in member states shall be made publicly available by the european commission .


### where a hosting service provider fails to designate a legal representative , all member states shall have jurisdiction . ### where a hosting service provider fails to designate a legal representative , all member states shall have jurisdiction . where a member state decides to exercise this jurisdiction , it shall inform all other member states .


### by [ six months after the entry into force of this regulation ] at the latest member states shall notify the commission of the competent authorities referred to in paragraph 1 . the commission shall publish the notification and any modifications of it in the official journal of the european union . ### by [ six months after the entry into force of this regulation ] at the latest member states shall notify the commission of the competent authorities referred to in paragraph 1 . the commission shall set up an online register listing all these competent authorities . the commission shall publish the notification and any modifications of it in the official journal of the european union .


### certain electronic communications services under this directive could also fulfil the definition of ‘ information society service’ in article 1 of directive 2015 / 1535 of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services . the provisions governing information society services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this directive or in other union acts . however , electronic communications services such as voice telephony , messaging services and electronic mail services are covered by this directive . the same undertaking , for example an internet service provider , can offer both an electronic communications service , such as access to the internet , and services not covered under this directive , such as the provision of web - based and not communications - related content . ### certain electronic communications services under this directive could also fulfil the definition of ‘ information society service’ in article 1 of directive 2015 / 1535 of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services . the provisions governing information society services apply to those electronic communications services to the extent that there are not more specific provisions applicable to electronic communications services in this directive or in other union acts . however , electronic communications services such as voice telephony , messaging services and electronic mail services are covered by this directive . the same undertaking , for example an internet service provider , can offer both an electronic communications service , such as access to the internet , and services not covered under this directive , such as the provision of web - based and not communications - related content and other vertically integrated services including machine - to - machine .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' remains an important parameter for determining the services falling into the scope of this directive , the definition should cover also other services that enable communication . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . _________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1 ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly substitute traditional voice telephony , text messages and electronic mail conveyance services by functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure that end - users are effectively and equally protected when using functionally equivalent services , a future - oriented definition of electronic communications services should not be purely based on technical parameters but rather build on a functional approach . the scope of necessary regulation should be appropriate to achieve its public interest objectives . while ' conveyance of signals ' allows to include transmission services into the scope of this directive , the definition should cover also other services that enable communication . from an end - user ' s perspective it is not relevant whether a provider conveys signals itself or whether the communication is delivered via an internet access service . the amended definition of electronic communications services should therefore contain three types of services which may partly overlap , that is to say internet access services according to the definition in article 2 of regulation 2015 / 2120 , interpersonal communications services as defined in this directive , and services consisting wholly or mainly in the conveyance of signals , the third category excluding services which qualify as interpersonal communication services as defined in pargraph of article 2 of the present code , information society services , as defined in article 1 of directive 98 / 34 / ec and as services providing , or excercising editorial control over , content transmitted using electronic communications networks and services . the definition of electronic communications service should eliminate ambiguities observed in the implementation of the previous definition and allow a calibrated provision - by - provision application of the specific rights and obligations contained in the framework to the different types of services . the processing of personal data by electronic communications services , whether as remuneration or otherwise , must be in compliance with directive 95 / 46 / ec which will be replaced by regulation 2016 / 679 on 25 may 201823 . _________________ 23 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec ; oj l 119 , 4 . 5 . 2016 , p . 1


### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in the digital economy , market participants increasingly consider information about users as having a monetary value . electronic communications services are often supplied against counter - performance other than money , for instance by giving access to personal data or other data . the concept of remuneration should therefore encompass situations where the provider of a service requests and the end - user actively provides personal data , such as name or email address , or other data directly or indirectly to the provider . it should also encompass situations where the provider collects information without the end - user actively supplying it , such as personal data , including the ip address , or other automatically generated information , such as information collected and transmitted by a cookie ) . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the end - user is exposed to advertisements as a condition for gaining access to the service , or situations where the service provider monetises personal data it has collected . __________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 . ### in order to fall within the scope of the definition of electronic communications service , a service needs to be provided normally in exchange for remuneration . in line with the jurisprudence of the court of justice of the european union on article 57 tfeu24 , remuneration exists within the meaning of the treaty also if the service provider is paid by a third party and not by the service recipient . the concept of remuneration should therefore also encompass situations where the service provider intends to monetise personal data it has collected or received . __________________ 24 case c - 352 / 85 bond van adverteerders and others vs the netherlands state , eu : c : 1988 : 196 .


### the benefits of the single market to service providers and end - users can be best achieved by general authorisation of electronic communications networks and of electronic communications services other than number - independent interpersonal communications services , without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only . where member states require notification by providers of electronic communications networks or services when they start their activities , this notification should be submitted to berec which acts as a single contact point . such notification should not entail administrative cost for the providers and could be made available via an entry point at the website of the national regulatory authorities . berec should forward in good time the notifications to the national regulatory authority in all member states in which the providers of electronic communications networks or services intend to provide electronic communications networks or services . member states can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to berec . such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority , or any other authority . ### the benefits of the single market to service providers and end - users can be best achieved by general authorisation of electronic communications networks , of internet access services and of number - based interpersonal communications services without requiring any explicit decision or administrative act by the national regulatory authority and by limiting any procedural requirements to a declaratory notification only . where member states require notification by providers of electronic communications networks or services when they start their activities , this notification should be submitted to berec which acts as a single contact point . such notification should not entail administrative cost for the providers and could be made available via an entry point at the website of the national regulatory authorities . berec should forward in good time the notifications to the national regulatory authority in all member states in which the providers of electronic communications networks or services intend to provide electronic communications networks or services . member states can also require proof that notification was made by means of any legally recognised postal or electronic acknowledgement of receipt of the notification to berec . such acknowledgement should in any case not consist of or require an administrative act by the national regulatory authority , or any other authority .


### specific obligations which may be imposed on providers of electronic communications networks and electronic communications services other than number - independent interpersonal communications services in accordance with union law by virtue of their significant market power as defined in this directive should be imposed separately from the general rights and obligations under the general authorisation . ### specific obligations which may be imposed on providers of electronic communications networks , of internet access services and of number - based interpersonal communications services in accordance with union law by virtue of their significant market power as defined in this directive should be imposed separately from the general rights and obligations under the general authorisation .