### specific obligations of online marketplaces related to product safety ### obligations of online marketplaces related to product safety


### 1. online marketplaces shall establish a single contact point allowing for direct communication with member states’ market surveillance authorities in relation to product safety issues , in particular for orders concerning offers of dangerous products. ### 1. online marketplaces shall establish a single contact point aimed at guaranteeing rapid and direct communication with all competent authorities , including member states’ market surveillance authorities and customs authorities , as well as the commission where appropriate , in relation to product safety issues , in particular for orders concerning offers of dangerous products. the single contact point designated by online marketplaces must be established in a member state. in addition , online marketplaces that do not have an establishment within the union but that offer services within the union shall designate , in writing , a legal or natural person as their legal representative in one of the member states in which the provider offers its services , in accordance with [article 11] of regulation (eu) [.../...] on an internal market for digital services (digital services act) and amending directive 2000/31/ec.


### 2. as far as powers conferred by member states in accordance to article 14 of regulation (eu) 2019/1020 are concerned , member states shall confer on their market surveillance authorities the power , for all products covered by this regulation , to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface , to disable access to it or to display an explicit warning to end users when they access it. such orders shall contain a statement of reasons and specify one or more exact uniform resource locators and , where necessary , additional information enabling the identification of the illegal content concerned. they may be transmitted by means of the safety gate portal. ### 2. as far as powers conferred by member states in accordance to article 14 of regulation (eu) 2019/1020 are concerned , member states shall confer on their market surveillance authorities the power , for all products covered by this regulation , to order an online marketplace to remove specific illegal content referring to a dangerous product from its online interface , to disable access to it. such orders shall contain a statement of reasons and specify one or more exact uniform resource locators and , where necessary , additional information enabling the identification of the illegal content concerned. they may be transmitted by means of the safety gate portal.


### online marketplaces shall take the necessary measures to receive and process the orders issued in accordance with this paragraph. they shall act upon receipt of the order issued without undue delay , and in any event within two working days in the member state where the online marketplace operates , from receipt of the order. they shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the safety gate. ### online marketplaces shall take the necessary measures to receive and process without delay the orders issued in accordance with this paragraph. they shall act upon receipt of the order issued and in any event within 12 hours in the member state where the online marketplace operates , from receipt of the order. they shall inform the issuing market surveillance authority of the effect given to the order by using the contacts of the market surveillance authority published in the safety gate.


### 3. online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with article 24 , received via the safety gate portal , for the purpose of applying their voluntary measures aimed at detecting , identifying , removing or disabling access to the illegal content referring to dangerous products offered on their marketplace , where applicable. they shall inform the authority that made the notification to the safety gate of any action taken by using the contacts of the market surveillance authority published in the safety gate. ### deleted


### 4. online marketplaces shall give an appropriate answer without undue delay , and in any event within five working days , in the member state where the online marketplace operates , to notices related to product safety issues and dangerous products received in accordance with [article 14] of regulation (eu) […/…] on a single market for digital services (digital service act) and amending directive 2000/31/ec. ### 4. online marketplaces shall give an appropriate answer , and in any event within 24 hours , to all notices related to product safety issues and dangerous products particularly those received in accordance with [article 14] of regulation (eu) […/…] on a single market for digital services (digital service act) and amending directive 2000/31/ec.


### 3. where a dangerous product has been identified , the manufacturer shall indicate , upon request by market surveillance authorities , which other products , produced with the same procedure , containing the same components or being part of the same production batch , are affected by the same risk. ### 3. where a dangerous product has been identified , the manufacturer shall indicate to the market surveillance authorities and other relevant authorities which other products , produced with the same procedure , containing the same components or being part of the same production batch , are affected by the same risk.


### 2. member states may notify in the safety gate corrective measures taken by their authorities or by economic operators on the basis of provisions of union harmonisation legislation and regulation (eu) 2019/1020 in relation to products presenting a less than serious risk. ### 2. member states shall notify in the safety gate corrective measures taken by their authorities or by economic operators on the basis of provisions of union harmonisation legislation and regulation (eu) 2019/1020 in relation to products presenting a less than serious risk.


### 6. if the commission identifies products which are likely to present a serious risk and for which member states have not submitted a notification in the safety gate , it shall inform the member states. member states shall undertake the appropriate verifications and , if they adopt measures , notify them in the safety gate in accordance with paragraph 1. ### 6. if the commission identifies products which are likely to present a serious risk and for which member states have not submitted a notification in the safety gate , it shall inform the member states and the economic operators concerned. the latter must remove the products until member states have undertaken the appropriate verifications. if member states adopt measures , they shall notify them in the safety gate and in the safety business gate in accordance with paragraph 1.


### 1. the commission shall maintain a web portal enabling the economic operators to provide market surveillance authorities and consumers with the information referred to in articles 8(11) , 9(2) point c) , 10(8) , 11(3) , 11(4) and article 19. ### 1. the commission shall maintain a web portal enabling the economic operators , including online marketplaces , to provide market surveillance authorities and consumers with the information referred to in articles 8(11) , 9(2) point c) , 10(8) , 11(3) , 11(4) and article 19.


### 1. if the commission becomes aware of a product , or a specific category or group of products presenting a serious risk to the health and safety of consumers , it may take any appropriate measures , either on its own initiative or upon request of member states , by means of implementing acts , adapted to the gravity and urgency of the situation if , at one and the same time: ### 1. if the commission becomes aware of a product , or a specific category or group of products presenting a serious risk to the health and safety of consumers , it may take any appropriate measures , either on its own initiative , upon request of member states , or upon request of consumer organisations , by means of implementing acts , adapted to the gravity and urgency of the situation if:


### 5. any member state may submit a substantiated request to the commission to examine the need for the adoption of a measure referred to in paragraph 1 or 3. ### 5. any member state or consumer organisation may submit a substantiated request to the commission to examine the need for the adoption of a measure referred to in paragraph 1 or 3.


### 2. where market surveillance authorities in other member states reach a different conclusion in terms of identification or level of the risk on the basis of their own investigation and risk assessment , the member states concerned may request the commission to arbitrate. in that case , the commission shall invite all member states to express a recommendation. ### 2. where market surveillance authorities in other member states reach a different conclusion in terms of identification or level of the risk on the basis of their own investigation and risk assessment , the member states concerned may request the commission to arbitrate. in that case , the commission shall invite all member states to express a recommendation. it shall also request a third-party evaluation and invite consumer organisations to make a recommendation.


### 1. a european network of the authorities of the member states competent for product safety (‘consumer safety network’) shall be established. ### 1. a european network of the authorities of the member states competent for product safety (‘consumer safety network’) shall be established. consumer organisations shall be observers to the network.


### 2. unless otherwise agreed upon by the market surveillance authorities concerned , sweeps shall be coordinated by the commission. the coordinator of the sweep may , where appropriate , make the aggregated results publicly available. ### 2. unless otherwise agreed upon by the market surveillance authorities concerned , sweeps shall be coordinated by the commission. the coordinator of the sweep shall make the aggregated results publicly available.


### 1. information available to the authorities of the member states or to the commission relating to measures on products presenting risks to consumer health and safety shall in general be made available to the public , in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. in particular , the public shall have access to information on product identification , the nature of the risk and the measures taken. this information shall be provided in accessible formats for persons with disabilities. ### 1. information available to the authorities of the member states or to the commission relating to measures on products presenting risks to consumer health and safety , or information that is considered relevant to protect the interests of end users , shall be made available to the public , in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. in particular , the public shall have access to information on product identification , the nature of the risk and the measures taken. this information shall be provided in accessible formats for persons with disabilities.


### 1. for the purpose of article 31(1) and article 19 , the commission shall maintain a safety gate portal , providing the general public with free access to selected information notified in accordance with article 24. ### 1. for the purpose of article 31(1) and article 19 , the commission shall maintain a safety gate portal , providing the general public with free access to selected information notified in accordance with article 24. these information are made publicly available in an accessible way , especially for people with disabilities and other vulnerable consumers.


### 1. in case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’) , economic operators , in accordance with their respective obligations as provided for in articles 8 , 9 , 10 and 11 , shall directly notify all affected consumers that they can identify. economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. ### 1. in case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’) , economic operators , in accordance with their respective obligations as provided for in articles 8 , 9 , 10 and 11 , shall directly actively notify and immediately all affected consumers that they can identify. economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings.


### 2. where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information , they shall offer the possibility to their customers to provide separate contact details only for safety purposes. the personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning. ### 2. where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information , they shall offer the possibility to their customers to provide separate contact details only for safety purposes. the personal data collected for that purpose shall be limited to the necessary minimum and shall only be used to contact consumers in case of a recall or safety warning.


### 4. if not all affected consumers can be contacted directly , economic operators , in accordance with their respective responsibilities , shall disseminate a recall notice or safety warning through other appropriate channels , ensuring the widest possible reach including , where available: the company’s website , social media channels , newsletters and retail outlets and , as appropriate , announcements in mass media and other communication channels. information shall be accessible to consumers with disabilities. ### 4. if not all affected consumers can be contacted directly , economic operators , including online marketplaces , in accordance with their respective responsibilities , shall disseminate a recall notice or safety warning through other appropriate channels , ensuring the widest possible reach including , where available: the company’s website , social media channels , newsletters and retail outlets and , as appropriate , announcements in mass media and other communication channels. information shall be accessible to consumers with disabilities and vulnerable consumers. consumer organisations shall also be involved in order to support the dissemination of the information.


### 1. without prejudice to directive (eu) 2019/771 , in the case of a recall , the economic operator responsible for the recall shall offer to the consumer an effective , cost-free and timely remedy. that remedy shall consist of at least one of the following: ### 1. without prejudice to directive (eu) 2019/771 , in the case of a recall , the economic operator responsible for the recall shall offer to the consumer an effective , cost-free and timely remedy. that remedy shall offer consumers the following three options:


### refund of the value of the recalled product. ### refund of the amount paid for the recalled product at the time of purchase.


### 4. in the case of fines , the maximum amount of penalties shall be at least 4 % of the economic operator’s or , where applicable , online marketplace’s annual turnover in the member state or member states concerned. ### 4. in the case of fines , the maximum amount of penalties shall be at least 8% of the economic operator’s or , where applicable , online marketplace’s annual turnover in the member state or member states concerned.


### (33) article 14(4) of regulation (eu) 2019/1020 provides market surveillance authorities with the power , where no other effective means are available to eliminate a serious risk , to require the removal of content referring to the related products from an online interface or to require the explicit display of a warning to end users when they access an online interface. the powers entrusted to market surveillance authorities by article 14(4) of regulation (eu) 2019/1020 should also apply to this regulation. for effective market surveillance under this regulation and to avoid dangerous products being present on the union market , this power should apply in all necessary and proportionate cases and also for products presenting a less than serious risk. it is essential that online marketplaces comply with such orders as a matter of urgency. therefore , this regulation introduces binding time limits in this respect , without prejudice to the possibility for a shorter time limit to be laid down in the order itself. this power should be exercised in accordance with [article 8] of the digital services act. ### (33) article 14(4) of regulation (eu) 2019/1020 provides market surveillance authorities with the power , where no other effective means are available to eliminate a serious risk , to require the removal of content referring to the related products from an online interface or to require the explicit display of a warning to end users when they access an online interface. the powers entrusted to market surveillance authorities by article 14(4) of regulation (eu) 2019/1020 should also apply to this regulation. for effective market surveillance under this regulation and to avoid dangerous products being present on the union market , this power should apply in all necessary cases and also for products presenting a less than serious risk. it is essential that online marketplaces comply with such orders as a matter of urgency. therefore , this regulation introduces binding time limits in this respect , without prejudice to the possibility for a shorter time limit to be laid down in the order itself. this power should be exercised in accordance with [article 8] of the digital services act.


### (43) when making products available on the market , economic operators should provide minimum information on product safety and traceability as part of the relevant offer. this should be without prejudice to the information requirements laid down by directive 2011/83/eu of the european parliament and of the council31 , such as on the main characteristics of the goods , to the extent appropriate to the medium and to the goods. ### (43) when making products available on the market , economic operators should provide minimum information on product safety and traceability as part of the relevant offer. this should be without prejudice to the information requirements laid down by directive 2011/83/eu of the european parliament and of the council31 , such as on the main characteristics of the goods and all other information regarding traceability , as laid down in this regulation. this information should be communicated in the manner most appropriate to the medium and to the goods. it should be accessible and understandable to all consumers.


### 12. ‘fulfilment service provider’ means any natural or legal person offering , in the course of commercial activity , at least two of the following services: warehousing , packaging , addressing and dispatching , without having ownership of the products involved , excluding postal services as defined in article 2 , point 1 of directive 97/67/ec of the european parliament and of the council39 , parcel delivery services as defined in article 2 , point 2 of regulation (eu) 2018/644 of the european parliament and of the council40 , and any other postal services or freight transport services; ### 12. ‘fulfilment service provider’ means any natural or legal person offering , in the course of commercial activity , at least one of the following services: warehousing , packaging , addressing and dispatching , without having ownership of the products involved , excluding postal services as defined in article 2 , point 1 of directive 97/67/ec of the european parliament and of the council39 , parcel delivery services as defined in article 2 , point 2 of regulation (eu) 2018/644 of the european parliament and of the council40 , and any other postal services or freight transport services;


### 21. ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in this regulation; ### 21. ‘market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in this regulation , in union law and in the applicable national law;


### 1. products offered for sale online or through other means of distance sales shall be deemed to be made available on the market if the offer is targeted at consumers in the union. an offer for sale shall be considered to be targeted at consumers in the union if the relevant economic operator directs , by any means , its activities to one or several member state(s). ### 1. products offered for sale online or through other means of distance sales shall be deemed to be made available on the market if the offer is targeted at consumers in the union or is accessible to those consumers. an offer for sale shall be considered to be targeted at consumers in the union if the relevant economic operator directs , by any means , its activities to one or several member state(s) , or when european consumers are able to purchase these products from within a member state.


### the use of an official language or currency of the member states; ### the use of an official language or the possibility of using an automatic translation tool enabling access to offers in one of the languages of the union;


### aspects for assessing the safety of products ### assessment of the safety of products


### 2. the feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe. ### 2. when a product safety assessment has taken into consideration the elements laid down in paragraph 1 of this article , and has demonstrated the product’s safety with regard to these elements , the feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product not to be safe.


### 4. economic operators shall be able to present the information referred to in paragraph 2 for a period of ten years after they have been supplied with the product and for a period of ten years after they have supplied the product , where relevant. ### 4. economic operators shall be able to present the information referred to in paragraph 2 throughout the whole life of the product after they have supplied the product , where relevant.


### the cost-effectiveness of the measures , including their impact on businesses , in particular small and medium-sized enterprises; ### the cost-effectiveness of the measures , including their impact on small and medium-sized enterprises; the effectiveness of the measures must be assessed in light of the improvement in consumer information that they entail and their effects on consumer safety and health;


### online marketplaces shall register with the safety gate portal and indicate on the portal the information concerning their single contact point. ### online marketplaces shall register with the safety gate portal and indicate on the portal the information concerning their single contact point. this information shall include the name , postal and electronic address and telephone number of their single contact point. online marketplaces shall ensure that information regarding their contact point is up-to-date and shall update information without delay , if necessary.


### 5. for the purpose of the requirements of article 22(7) of regulation (eu) […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec , online marketplaces shall design and organise their online interface in a way that enables traders to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing: ### deleted


### 6. online marketplaces shall cooperate with the market surveillance authorities and with relevant economic operators to facilitate any action taken to eliminate or , if that is not possible , to mitigate the risks presented by a product that is or was offered for sale online through their services. this cooperation shall include in particular: ### deleted


### where publication would cause disproportionate damage to the economic operator or online marketplace; ### deleted


### 1. by [insert date five years after the date of entry into force] the commission shall carry out an evaluation of this regulation. the commission shall present a report on the main findings to the european parliament , the council and the european economic and social committee. the report shall in particular assess if this regulation achieved the objective of enhancing the protection of consumers against dangerous products while taking into account its impact on businesses and in particular on small and medium-sized enterprises. ### 1. by [insert date five years after the date of entry into force] the commission shall carry out an evaluation of this regulation. the commission shall present a report on the main findings to the european parliament , the council and the european economic and social committee. the report shall in particular assess if this regulation achieved the objective of enhancing the protection of consumers against dangerous products , in particular with regard to improved traceability , the level and functioning of market surveillance , standardisation work , the functioning of the safety gate , the challenges posed by new technologies and by online marketplaces , and an evaluation of the number of accidents since implementing the regulation.


### a. whereas consumers are ready to change their purchasing patterns for sustainable options but can be misled by greenwashing practices; ### a. whereas 79% of consumers agreed that it is important for brands to share detailed information about the environmental impact of their products , and a majority of them are willing to pay more and ready to change their purchasing patterns for sustainable options , provided that clear and reliable labels are at their disposal;


### a. whereas women account for approximately 80 % of the global garment workforce1 and comprise the majority of low-wage workers; ### a. whereas women account for approximately 80 % of the global garment workforce1 , are disproportionately represented in low-wage jobs in the lower tiers of the sector’s supply chain and consistently lag behind men in terms of pay1a ; whereas low wages , coupled with low or non-existent social protection make these women and children particularly vulnerable to exploitation; whereas wages of women working on this sector of activity are set at well below the living wage , a sum which allows workers to provide for their basic needs and those of their family (such as housing , health care , food , education , transportation and savings); whereas according to the fair wage network , the minimum wages in textile producing countries are two to five times lower than the living wage; whereas the employment of women in the garment sector in developing countries contributes significantly to household incomes and poverty reduction;


### b. whereas fragmented and non-transparent value chains in the garment sector hinder compliance with relevant union law and weaken the accountability of economic operators; ### b. whereas highly complex , non-transparent and fragmented value-chains at a global level in the garment sector further complicates the work of market surveillance authorities , consumers associations as well as resellers by hindering compliance with relevant union law on quality of products as well as on manufacturing conditions , including on forced labour , and by weakening the accountability of economic operators;


### 1. recalls the paramount importance of protecting consumers by addressing misleading claims and immediately withdrawing products that do not respect union law; ### 1. recalls the paramount importance of protecting consumers by addressing misleading claims and greenwashing practices , by immediately withdrawing of the market textile products that do not respect union law , and by putting more surveillance especially on regular offenders being entities or region of production;


### 1. recalls that more than 99 % of the eu textiles ecosystem consists of small and medium-sized enterprises (smes); underlines that eu textiles companies face intense competition from asia , mainly china1 , where environmental regulations are less strict or non-existent; ### 1. regrets that the eu strategy for sustainable and circular textile does not recognise the value of the industry´s labour , in particular of the role of women workers; recalls that more than 99 % of the eu textiles ecosystem consists of small and medium-sized enterprises (smes); underlines that eu workers in the textile sector face intense social dumping from third-countries , mainly asia , including by many eu textile companies who have been outsourcing their production to non-eu countries where environmental and social regulations are less strict or non-existent; calls on national authorities to step up their effort on market surveillance and customs checks , in particular regarding counterfeits and reach violations through online platforms , such as shein , in order to restore a proper level playing field for european companies; recommends the commission to introduce deterrent penalties for non-compliance compliance with the forthcoming ecodesign requirements for textiles set through the ecodesign for sustainable products regulation; notes that several investigations reported that up to 15%1a of textile products imported in the eu failed to comply with reach;


### 2. calls for the implementation of a trusted-flagger alert and notification mechanism and of an appropriate european redress mechanism for consumers affected by misleading labels and textiles that do not comply with union law; ### 2. calls in this regard for the implementation of a trusted-flagger alert and notification mechanism , of an appropriate european redress mechanism and the possibility of enhanced collective redress for consumers affected by misleading labels and by textile products that do not comply with union law;


### 2. urges the member states to ratify the relevant international labour organization (ilo) conventions and implement its recommendations , especially those intended to reduce the scale of precarious work and protect workers from the harmful effects of chemicals , as well as from violence and harassment in the workplace; ### 2. urges the member states to ratify the relevant international labour organization (ilo) conventions and implement its recommendations , especially those intended to reduce the scale of precarious work and protect workers from the harmful effects of chemicals and from violence and harassment in the workplace as well as those related to home work as it is prevalent in the textile and garment supply chain;


### 2. stresses that ever-increasing regulation , which directly and indirectly affects the eu textiles industry , compounded by the covid-19 pandemic and the russian war of aggression against ukraine , is seriously threatening the competitiveness of eu businesses; calls on the commission and the member states to only implement additional regulations if they facilitate sustainable business models , as many obligations drastically increase costs , especially for smes; ### 2. calls on the commission and the member states to implement additional regulations promoting sustainable business models , especially for smes which are an essential driving force; invites the commission and member state to support the use of more sustainable textiles , such as linen and hemp , which production and know-how has been lost after decades of relocation policies; calls for the extended producer responsibility (epr) scheme to support the activities of social enterprises active in used textiles management , providing local jobs and trainings , to unleash the full potential of reuse capacities in the eu , as separate collection of textiles will be mandatory from 1 january 2025;


### 3. welcomes the introduction of the digital product passport in the proposal for a regulation on ecodesign requirements for sustainable products; believes that in order to be relevant this passport needs to be available on the product itself and be easy to read; favours open and trustworthy data ensuring traceability down to factory level; ### 3. welcomes the introduction of the digital product passport in the proposal for a regulation on ecodesign requirements for sustainable products; calls for this important tool to aim for full transparency and reliable information to consumers as well as intermediaries; believes that in order to be relevant , this passport needs to be available on the product itself and be easy to read; favours open , easily accessible , regularly updated and trustworthy data ensuring traceability along the whole supply chain down to factory level on the components and substances , with particular attention to chemicals , used in their products; considers that a social labelling for textiles including on the working conditions of production should be added in the digital passport;


### 3. calls for employers in the textile sector to facilitate the training and upskilling of low-wage textile sector workers , in particular women and other marginalised groups , during working hours; ### 3. highlights that skilling , upskilling and re-skilling in the textile sector play a key role to reduce the gender gap in employment; underlines the importance for corporate investment to ensure that women access quality lifelong learning and training , particularly after periods of absence for care reasons , taking strong measures to overcome the lack of time and resources and addressing gender bias and gender stereotypical choices; highlights the need to inform female workers about their rights , labour legislation and safety and health issues , as well as the need to provide training to male managers on gender equality and non-discrimination;


### 3. acknowledges the challenges to achieving a fully circular business model for textile companies , in particular owing to current technological and physical constraints on production and recycling , such as the use of chemicals , the lack of circular design , digitalisation gaps and the workforce’s up- and reskilling needs; ### 3. acknowledges the essential need to achieving a fully circular business model for textile companies , in particular through a qualified workforce and technological innovation by supporting sustainable production processes and recycling , such as the reduction of chemicals , the development of sustainable and local productions such as wool and hemp , ambitious social targets , the enhancement of circular design , digitalisation gaps and the workforce’s up- and reskilling needs; agrees with the commission that the production of clothing from recycled bottles is not consistent with the circular model for pet bottles; welcomes the proposal of the commission to ban the destruction of unsold or returned textiles , under the ecodesign for sustainable products regulation and calls for the digital product passport to be harnessed as a tool for mandatary disclosure and reporting of unsold and returned volumes; underlines the necessity to cover all stakeholders , including smes , considering most of them are subsidiaries;


### 4. believes that the digital product passport goes hand in hand with the simplification of existing labels to ensure that consumers receive coherent and reliable information on the environmental and social footprint of products; ### 4. believes that the digital product passport goes hand in hand with the simplification of existing labels to ensure that consumers receive coherent and reliable information on the environmental and social footprint of products; regrets in this regard the postponement by the european commission of the ‘green claims’ proposal in the last circular economy package , which is a missed opportunity to empower consumers and inform them about the content of the products they purchase;


### 4. welcomes the proposal for an ecodesign regulation covering textiles , the review of the textile labelling regulation3 and the potential introduction of a mandatory disclosure of information; calls for the inclusion of social and labour standards in both the proposed ecodesign regulation and under labelling requirements; ### 4. welcomes the proposal for an ecodesign regulation covering textiles , the review of the textile labelling regulation3 and the potential introduction of a mandatory disclosure of information that should be gender-sensitive; calls for the inclusion of social and labour standards in both the proposed ecodesign regulation and under labelling requirements;


### 4. underlines that research and innovation is key to maintaining the eu textiles industry’s leading position in innovation2 , especially in sustainable fibres such as bio-based fibres , in inventing and scaling up circular production and recycling technologies , and in harnessing the opportunities offered by digitalisation , e.g. with the digital product passport or smart textiles; ### 4. underlines that research and innovation , both in reuse and recycling sectors , is one of the policies to maintaining the eu textiles industry’s leading position in innovation2 , especially for switching to bio-based fibres while at the same time supporting more sustainable manufacturing processes , in inventing and supporting circular production , especially fibre to fibre recycling; insists on the necessity to provide operational and financial public support to the development of innovative collection and sorting methods to increase local reuse and recycling capacities; warns against technological solutionism in the field of microplastic shedding; is of the opinion that the premises should be to considerably reduce the amount of textile products made of synthetic fibres and other fossil-based textiles;


### 5. encourages initiatives to help consumers switch to more sustainable consumption patterns by providing quality products at an affordable price and reducing waste; ### 5. encourages initiatives to help consumers switch to more sustainable and responsible consumption patterns by providing quality products at an affordable price and reducing waste through inter alia repair , collection of used clothes , pay back schemes , second hand sells , renting options , clothes swapping as well as initiatives by producers to produce sturdy clothes , with extended warrantees and easy to recycle clothes;


### 5. recalls that several eu funding opportunities exist , such as via cluster 2 of horizon europe or the european innovation council; calls for the creation of an eu research and innovation agenda aligned with the transition pathway for the textiles ecosystem; underlines the leading role the european institute of innovation and technology (eit) knowledge and innovation communities (kics) on culture & creativity3 and manufacturing4 should play in this process. ### 5. recalls that several eu funding opportunities exist , such as via cluster 2 of horizon europe or the european innovation council; calls for the creation of an eu research and innovation agenda aligned with the transition pathway for the textiles ecosystem; underlines the leading role the european institute of innovation and technology (eit) knowledge and innovation communities (kics) on culture & creativity3 and manufacturing4 should play in this process; notes that the challenge for eu textile is less accessing eu funds than responding to the most crucial crisis of humankind , climate change , through concrete reduction targets.


### 6. believes that textile producers and brands should be drivers of sustainability by being transparent in their practices and respecting human rights and the environment; ### 6. believes that textile producers and brands , including luxury and haute-couture brands , should be drivers of sustainability by being transparent in their practices all along their value chains and respecting human rights and the environment;


### 7. stresses that fast fashion puts enormous stress on suppliers and their workforce through unfair trading practices; ### 7. stresses that the business model of fast fashion puts enormous stress on suppliers , which are often smes , and their workforce through unfair trading practices , including late payment , short-term delivery times , and important cost pressure. those practices cannot be viewed as enduring as they forbid decent living wages , can encourage the violation of human rights and international labour law and are environmentally inadequate particularly through the destruction of unsold goods; calls in this respect for a legislative proposal tackling unfair trade practices in the textile sector , drawing inspiration from the utp directive existing for the agri-food sector.


### 8. calls for mandatory criteria on responsible consumption to apply to public procurement; ### 8. calls for public procurement purchases to show the lead through mandatory criteria in responsible consumption and to favour sustainable tenders with quality and eco-designed products as well as socially and environmentally responsible production conditions , and calls to flag multiple-offenders actors and prohibit them from applying to tenders; calls for a revision of the 2014/24/eu directive on public procurement in order to align it with the upcoming european due diligence legal framework;


### 9. recalls the paramount importance of ensuring that market surveillance authorities have sufficient human and financial resources at their disposal. ### 9. recalls the paramount importance of ensuring that market surveillance authorities have sufficient human and financial resources at their disposal in particular to fight against counterfeit products and ensure proper application of union law through regular and random checks for textile products entering and made available on the internal market.


### (6) whilst always acting within the framework of international law , it is essential that the union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its member states. this is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state. such measures affecting trade or investment may include not only actions taken on , and having effects within , the territory of the third country , but also actions taken by the third country , including through entities controlled or directed by the third country and present in the union , that cause harm to economic activities in the union. ### (6) whilst always acting within the framework of international law , it is essential that the union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its member states. this is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state. such measures affecting trade or investment may include not only actions taken on , and having effects within , the territory of the third country , but also actions taken by the third country , including through entities controlled or directed by the third country and present in the union , that cause harm to economic activities in the union. they could also include any type of measures taken by a third country having an extraterritoriality effect and negative or coercitive consequences for european companies.


### (6) whilst always acting within the framework of international law , it is essential that the union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its member states. this is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state. such measures affecting trade or investment may include not only actions taken on , and having effects within , the territory of the third country , but also actions taken by the third country , including through entities controlled or directed by the third country and present in the union , that cause harm to economic activities in the union. ### (6) whilst always acting within the framework of international law , it is essential that the union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its member states. this is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state. such measures affecting trade or investment may include not only actions taken on , and having effects within , the territory of the third country , but also actions taken by the third country , including through entities controlled or directed by the third country and present in the union , that cause harm to economic activities in the union. such measures also include the adoption by a third country of any laws with extraterritorial application that undermine the interests of european union economic operators complying with their international obligations.


### (9) in accordance with the principle of proportionality , it is necessary and appropriate , for creating an effective and comprehensive framework for union action against economic coercion , to lay down rules on the examination , determination and counteraction with regard to third countries’ measures of economic coercion. in particular , the union’s response measures should be preceded by an examination of the facts , a determination of the existence of economic coercion , and , wherever possible , efforts to find a solution in cooperation with the third country concerned. any measures imposed by the union should be commensurate with the injury caused by the third countries’ measures of economic coercion. the criteria for defining the union response measures should take into account in particular the need to avoid or minimise collateral effects , administrative burdens and costs imposed on union economic operators as well as the union’s interest. therefore , this regulation does not go beyond what is necessary in order to achieve the objectives pursued , in accordance with article 5(4) of the treaty on european union. ### (9) in accordance with the principle of proportionality , it is necessary and appropriate , for creating an effective and comprehensive framework for union action against economic coercion , to lay down rules on the examination , determination and counteraction with regard to third countries’ measures of economic coercion. in particular , the union’s response measures should be preceded during a reasonable period not exceeding three months by an examination of the facts , a determination of the existence of economic coercion , and , wherever possible , efforts to find a solution in cooperation with the third country concerned. any measures imposed by the union should be commensurate with the injury caused by the third countries’ measures of economic coercion. the criteria for defining the union response measures should take into account in particular the need to avoid or minimise collateral effects , administrative burdens and costs imposed on union economic operators as well as the union’s interest. therefore , this regulation does not go beyond what is necessary in order to achieve the objectives pursued , in accordance with article 5(4) of the treaty on european union.


### (11) coercion is prohibited under international law when a country deploys measures such as trade or investment restrictions in order to obtain from another country an action or inaction which that country is not internationally obliged to perform and which falls within its sovereignty , when the coercion reaches a certain qualitative or quantitative threshold , depending on both the ends pursued and the means deployed. the commission should examine the third-country action on the basis of qualitative and quantitative criteria that help in determining whether the third country interferes in the legitimate sovereign choices of the union or a member state and whether its action constitutes economic coercion which requires a union response. ### (11) coercion is prohibited under international law when a country deploys measures such as trade or investment restrictions , or the adoption of laws with extraterritorial application that undermine the interests of european union economic operators complying with their international obligations , in order to obtain from another country an action or inaction which that country is not internationally obliged to perform and which falls within its sovereignty , when the coercion reaches a certain qualitative or quantitative threshold , depending on both the ends pursued and the means deployed. the commission should examine the third-country action on the basis of qualitative and quantitative criteria that help in determining whether the third country interferes in the legitimate sovereign choices of the union or a member state and whether its action constitutes economic coercion which requires a union response.


### (15) the union should only impose countermeasures when other means such as negotiations , mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the union or its member states , and where action is necessary to protect the interests and rights of the union and its member states and it is in the union’s interest. it is appropriate that the regulation sets out the applicable rules and procedures for the imposition and application of union response measures and permits expeditious action where necessary to preserve the effectiveness of any union response measures. ### (15) the union should only impose countermeasures when other means such as negotiations , mediation or adjudication do not lead to the prompt , within a period not exceeding six months after determination of the existence of economic coercion by a third country , and effective cessation of the economic coercion and to reparation of the injury it has caused to the union or its member states , and where action is necessary to protect the interests and rights of the union and its member states and it is in the union’s interest. it is appropriate that the regulation sets out the applicable rules and procedures for the imposition and application of union response measures and permits expeditious action where necessary to preserve the effectiveness of any union response measures.


### (21) it is important to ensure an effective communication and exchange of views and information between the commission on the one hand and the european parliament and the council on the other , in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and on matters that may lead to the adoption of union response measures under this regulation. ### (21) it is important to ensure an effective communication and exchange of views and information between the commission on the one hand and the european parliament and the council on the other , in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and on matters that may lead to the adoption of union response measures under this regulation. in general , the european parliament and the council should be fully involved and informed at every stage of the procedure , from prior discussions to the notification of reaction measures. moreover , in the interests of transparency , the communication and exchange of information undertaken by the commission should also be made available to the general public , through the creation of a transparency register or any other relevant tool , while respecting the rules of confidentiality.


### 1. this regulation lays down rules and procedures in order to ensure the effective protection of the interests of the union and its member states where a third country seeks , through measures affecting trade or investment , to coerce the union or a member state into adopting or refraining from adopting a particular act. this regulation provides a framework for the union to respond in such situations with the objective to deter , or have the third country desist from such actions , whilst permitting the union , in the last resort , to counteract such actions. ### 1. this regulation lays down rules and procedures in order to ensure the effective protection of the interests of the union and its member states where a third country seeks , through measures affecting trade or investment , including through the adoption by a third country of laws with extraterritorial application that undermine the interests of european union economic operators complying with their international obligations , to coerce the union or a member state into adopting or refraining from adopting a particular act. this regulation provides a framework for the union to respond in such situations with the objective to deter , or have the third country desist from such actions , whilst permitting the union , in the last resort , to counteract such actions.


### — interferes in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state ### — interferes in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state , including through the adoption by a third country of laws with extraterritorial application that undermine the interests of european union economic operators complying with their international obligations


### 1. the commission may examine any measure of a third country in order to determine whether it meets the conditions set out in article 2(1). the commission shall act expeditiously. ### 1. the commission may examine any measure of a third country in order to determine whether it meets the conditions set out in article 2(1). the commission shall act expeditiously within a period not exceeding three months.


### the commission shall keep the european parliament and the council informed of relevant developments. ### the commission shall keep the european parliament and the council informed of all stages of the procedure.


### action pursuant to the articles 4 and 5 has not resulted in the cessation of the economic coercion and reparation of the injury it has caused to the union or a member state within a reasonable period of time; ### action pursuant to the articles 4 and 5 has not resulted in the cessation of the economic coercion and reparation of the injury it has caused to the union or a member state within a reasonable period of time not exceeding six months after determination of the existence of economic coercion by a third party;


### action is in the union’s interest. ### action is in the union's interest or that of one of its member states.


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


### 3. in conducting the information gathering under paragraph 1 , the commission shall inform and consult stakeholders , in particular industry associations , affected by possible union response measures , and member states involved in the preparation or implementation of legislation regulating the affected fields. ### 3. in conducting the information gathering under paragraph 1 , the commission shall inform and consult stakeholders , in particular industry associations and trade unions , affected by possible union response measures , and member states involved in the preparation or implementation of legislation regulating the affected fields.


### the impact of such measures on third-country actors or union competitors , users or consumers or on union employees , business partners or clients of such actors; ### the impact of such measures on third-country actors or union competitors , users or consumers or on union employees , trade unions , business partners or clients of such actors;


### 3. recalls that in-person help should be provided to eu citizens to help them access public services , especially persons with disabilities and elderly people , but also to mitigate low levels of digital literacy and poor internet coverage; ### 3. recalls that in-person services should be provided as an alternative at all times for accessing public services , in particular for persons with disabilities and elderly people , but also to mitigate low levels of digital literacy and poor internet coverage;


### b. whereas competition policy should aim to support the european green deal; ### b. whereas competition policy should aim to support the european green deal , high quality jobs and the fight against the cost of living crisis;


### 1. considers that eu competition policy protects market structures against concentrations and accumulations of market power , just as it advances consumer welfare; ### 1. considers that eu competition policy should dissolve concentrations and accumulations of market power and promote workers' welfare , consumers' welfare and sustainability;


### 5. calls on the commission to safeguard the integrity of the internal market and is deeply concerned about the risk of increasing fragmentation within the internal market due to excessive use of subsidies in response to the us inflation reduction act; understands the need for additional public investments; considers the introduction of dedicated permanent , if necessary debt-financed , european investment funds to be a better policy response; ### 5. calls for an active approach to industrial policy by member states and the union underpinned by large-scale public investment to fight social and regional inequality , decarbonise industry and bolster autonomy in key economic sectors , while contributing globally to even and sustainable economic development; calls for a coordinated flexibilisation of state aid rules and the introduction of a dedicated permanent european solidarity funds to counterbalance uneven industrial support and development across member states; calls for the promotion of public ownership and public veto powers in strategically important economic sectors to protect public interests;


### 6. considers rising energy and food prices to be the main drivers of the current hike in inflation; deplores some undertakings’ freeriding in the context of rising energy and food prices and reiterates that the commission must make use of all the available tools under competition law to tackle market distortions and unfair price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct; ### 6. considers rising energy and food prices to be the main drivers of the current hike in inflation; deplores that energy and food price hikes are fuelled by commodity speculation and the misuse of market power to gain windfall profits aggravating the cost of living crisis; deplores the lack of suitable tools under competition law , or the failure to apply existing tools , to tackle market power and price manipulation in the energy and food markets; calls for consumer vulnerability to be taken into consideration when assessing the abusiveness of a dominant undertaking’s conduct;


### 7. calls for a permanent market investigation mechanism , which should be triggered automatically upon the fulfilment of certain conditions , such as a specific rise in prices , in order to prevent any future freeriding effects; ### 7. calls for a permanent market investigation mechanism , which should be triggered automatically upon the fulfilment of certain conditions , such as a specific rise in prices , in order to prevent unjustified or socially harmful price hikes; highlights that these should be met with appropriate interventions as , for example , windfall taxes , price controls or antitrust proceedings; calls for public reporting obligations on price formation for large companies in order to enhance market transparency and subject private price formation to public and parliamentary scrutiny , especially in sectors of significant general interest as energy , food , communication and housing;


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


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


### 17. stresses that competition law remains relevant to digital markets despite the entry into force of the dma; considers that violations of privacy rights can constitute abusive practices; ### 17. stresses that competition law remains relevant to digital markets despite the entry into force of the dma; underlines that competition law should make use of the information provided to the commission under article 14 of the dma; considers that violations of privacy rights can constitute abusive practices;


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


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


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


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


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


### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. ### 1. providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. those mechanisms shall be easy to access , user-friendly , and allow for the submission of notices exclusively by electronic means. those mechanisms should never replace any decision of independent judicial and administrative authorities on whether a content is illegal or not.


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


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


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


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


### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should only be awarded to entities , and not individuals , that have demonstrated , among other things , that they have particular expertise and competence in tackling illegal content , that they represent collective interests and that they work in a diligent and objective manner. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , organisations of industry and of right-holders could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council.43. ### (46) action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this regulation are treated with priority , without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely , diligent and objective manner. such trusted flagger status should be conferred primarily on organisations , industry representatives and public entities that have particular expertise and competence in tackling illegal content as they represent the corresponding collective and public interests. such entities can be public in nature , such as , for terrorist content , internet referral units of national law enforcement authorities or of the european union agency for law enforcement cooperation (‘europol’) or they can be non-governmental organisations and semi-public bodies , such as the organisations part of the inhope network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. for intellectual property rights , right holders , organisations of industry and collecting societies could be awarded trusted flagger status , where they have demonstrated that they meet the applicable conditions. the rules of this regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this regulation , from otherwise cooperating with other entities , in accordance with the applicable law , including this regulation and regulation (eu) 2016/794 of the european parliament and of the council43.


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


### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. ### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision and enforcement on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements , illegal activities , manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation , fundamental rights and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned.


### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. ### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. disinformation , especially political disinformation has become a huge problem and very large online platforms have more and more become the platforms of sharing this kind of content , especially via advertising. very large online platforms should take out extremist actors in consultation with independent experts , in case of repeated violations. very large online platforms should implement comprehensive and verifiable standards and measures to limit the scope of extremist actors and purposeful disinformation.


### (63) advertising systems used by very large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned. ### (63) advertising systems used by large online platforms pose particular risks and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online , for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health , public security , civil discourse , political participation and equality. repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement , in particular where targeted advertising is concerned.


### (64) in order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. all requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service. ### (64) in order to appropriately supervise the compliance of large online platforms with the obligations laid down by this regulation , the digital services coordinator of establishment or the commission may require access to or reporting of specific data or algorithms. such a requirement may include , for example , the data necessary to assess the risks and possible harms brought about by the platform’s systems , data on the accuracy , functioning and testing of algorithmic systems for content moderation , recommender systems or advertising systems , or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this regulation. investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation , informing online platforms , digital services coordinators , other competent authorities , the commission and the public. this regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. all requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests , including trade secrets and other confidential information , of the platform and any other parties concerned , including the recipients of the service.


### (66) to facilitate the effective and consistent application of the obligations in this regulation that may require implementation through technological means , it is important to promote voluntary industry standards covering certain technical procedures , where the industry can help develop standardised means to comply with this regulation , such as allowing the submission of notices , including through application programming interfaces , or about the interoperability of advertisement repositories. such standards could in particular be useful for relatively small providers of intermediary services. the standards could distinguish between different types of illegal content or different types of intermediary services , as appropriate. ### deleted


### (66) to facilitate the effective and consistent application of the obligations in this regulation that may require implementation through technological means , it is important to promote voluntary industry standards covering certain technical procedures , where the industry can help develop standardised means to comply with this regulation , such as allowing the submission of notices , including through application programming interfaces , or about the interoperability of advertisement repositories. such standards could in particular be useful for relatively small providers of intermediary services. the standards could distinguish between different types of illegal content or different types of intermediary services , as appropriate. ### (66) to facilitate the effective and consistent application of the obligations in this regulation that may require implementation through technological means , it is important to promote standards covering certain technical procedures to comply with this regulation , such as allowing the submission of notices , including through application programming interfaces , or about the interoperability of advertisement repositories. such standards could in particular be useful for relatively small providers of intermediary services. the standards could distinguish between different types of illegal content or different types of intermediary services , as appropriate.


### (67) the commission and the board should encourage the drawing-up of codes of conduct to contribute to the application of this regulation. while the implementation of codes of conduct should be measurable and subject to public oversight , this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. in certain circumstances , it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. nothing in this regulation prevents other service providers from adhering to the same standards of due diligence , adopting best practices and benefitting from the guidance provided by the commission and the board , by participating in the same codes of conduct. ### deleted


### 5. where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in article 14 , including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in article 17(3) , it shall communicate that information to the digital services coordinator that awarded the status of trusted flagger to the entity concerned , providing the necessary explanations and supporting documents. ### 5. where an online platform or a provider of hosting services has information indicating that a trusted flagger submitted a significant number of wrongful notices through the mechanisms referred to in article 14 , including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in article 17(3) , it shall communicate that information to the digital services coordinator that awarded the status of trusted flagger to the entity concerned , providing the necessary explanations and supporting documents.