### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the technical details for the establishment of the database for the listing of the varieties for which plant reproductive material obtained by the organic production method is available , as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular , including the procedures to be followed for the authorisation and the lists of those products and substances and , where appropriate , their description , compositional requirement and conditions for use , as regards the specific and practical modalities regarding the presentation , composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed , the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed , as regards the details and specifications regarding the content , form and way of notification of the notifications by operators and groups of operators of their activity to the competent authorities and the form of publication of the fees that may be collected for the controls , as regards the exchange of information between groups of operators and competent authorities , control authorities and control bodies and between member states and the commission , as regards the recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries and the establishment of the list of those control authorities and control bodies and rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of imported organic products , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 and the amendment of that list as well as rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of organic products imported from those countries , as regards the system to be used to transmit the information necessary for the implementation and monitoring of this regulation , and as regards the establishment of the list of control authorities and control bodies recognised under article 33 of regulation no 834 / 2007 and the amendment of that list . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 . __________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the technical details for the establishment of the database for the listing of the varieties for which plant reproductive material obtained by the organic production method is available , as regards the specific and practical modalities regarding the presentation , composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed , the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed , as regards the details and specifications regarding the content , form and way of notification of the notifications by operators and groups of operators of their activity to the competent authorities and the form of publication of the fees that may be collected for the controls , as regards the exchange of information between groups of operators and competent authorities , control authorities and control bodies and between member states and the commission , as regards the recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries and the establishment of the list of those control authorities and control bodies and rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of imported organic products , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 , as regards the system to be used to transmit the information necessary for the implementation and monitoring of this regulation , and as regards the establishment of the list of control authorities and control bodies recognised under article 33 of regulation no 834 / 2007 . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 . __________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers .


### products produced during the conversion period shall not be marketed as organic . ### products produced during the conversion period shall be marketed as products from a farm in the process of converting to organic farming .


### operators producing yeast to be used as food or feed shall in particular comply with the specific production rules set out in part vi of annex ii . ### operators producing yeast to be used as food or feed shall in particular comply with the specific production rules set out in part vi of annex ii . use of gmo yeast shall not be permitted under any circumstances .


### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv , their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union and in any language listed in that annex for the labelling and advertising of products which comply with this regulation . ### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv or their equivalents in other languages that , while not being official languages of the union , their status is officially recognised by the constitution of a member state ; their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union [ and in any language listed in that annex ] for the labelling and advertising of products referred to in article 2 which comply with this regulation .


### poultry shall have access to an open air area for at least one third of their life . in particular , continuous daytime open air access shall be provided from as early an age as practically possible , whenever physiological and physical conditions allow , except in the case of temporary restrictions imposed on the basis of union legislation ; ### poultry shall have access to an open air area for at least the majority of their life . in particular , continuous daytime open air access shall be provided from as early an age as practically possible , whenever physiological and physical conditions allow , except in the case of temporary restrictions imposed due to bad weather conditions or on the basis of union legislation ;


### wild caught or non - organic aquaculture animals may be brought into a holding with a view to improving genetic stock . such animals shall be kept under organic management for at least three months before they may be used for breeding . ### wild caught fish , including those fish used for fishmeal , oil from whole fish stemming from wild fisheries , and wild fish used for breeding or as cleaner fish , shall not be used in organic production . on an exceptional basis , where alternative sources are not reasonably available and the conditions are adapted to the species needs , wild caught or non - organic aquaculture animals may be brought into a holding with a view to improving the suitability of genetic stock . such animals shall be kept under organic management for at least three months before they may be used for breeding .


### insofar the existence and / or possibility of introducing exclusions is not justified on objective grounds , they should be suppressed . ### insofar the existence and / or possibility of introducing exclusions is not justified on objective grounds , they should be suppressed , in order to guarantee equal rights for all workers and to avoid any situations involving unfair competition and social dumping .


### the blue book28 stressed the need for an increase in the number and quality of maritime jobs for european citizens and the importance of improving working conditions on board . __________________ 28 com 575 final of 10 october 2007 . ### the blue book28 stresses the need for an increase in the number and quality of maritime jobs for european citizens and the importance of improving working conditions on board , inter alia through investment in research , education , training , health and safety . this directive addresses both of those issues . __________________ 28 com 575 final of 10 october 2007 .


### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets , whenever possible . ### railway undertakings should facilitate the transfer of rail passengers from one operator to another by the provision of through - tickets , whenever possible . where the prices of such through - tickets are different from the prices of tickets bought from the operators separately , railway undertakings should clearly indicate this . in the case of international rail passengers and services , railway undertakings should be encouraged to co - operate in setting up a european on - line platform indicating all possible connections between european cities and their time schedules , so that passengers are aware of all options before buying an international through - ticket .


### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union . ### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer contract conditions and tariffs and shall sell tickets , through - tickets and provide reservations to the general public without direct or indirect discrimination on the basis of the final consumer ' s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union .


### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall make public by appropriate means , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 , and before their implementation , decisions to discontinue services either permanently or temporarily . __________________ 31 directive xxx on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services . ### railway undertakings or , where appropriate , competent authorities responsible for a public service railway contract shall , without delay , make public by appropriate means , including in accessible formats for persons with disabilities in accordance with accessibility requirements laid down in directive xxx31 , and before their implementation , decisions to discontinue services either permanently or temporarily . __________________ 31 directive xxx of the european parliament and of the council of . . . on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services .


### all railway undertakings , ticket vendors , station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make their contact details and working language widely known to passengers . ### all railway undertakings , ticket vendors , station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make the details of the complaint - handling procedure , their contact details and working language widely known to passengers , including by offering the required forms , if any .


### the commission has examined available evidence , which points to the importance of having harmonised union rules in this area to ensure the proper functioning of the internal market and avoid , inter alia , disruptions to the scheduling of transport operations and the functioning of information and communication systems , higher costs to cross - border trade , or lower productivity for goods and services . evidence is not conclusive as to whether the benefits of summer - time arrangements outweigh the inconveniences linked to a biannual change of time . ### the commission has examined available evidence , which points to the importance of having harmonised union rules in this area to ensure the proper functioning of the internal market and avoid , inter alia , disruptions to the scheduling of transport operations and the functioning of information and communication systems , higher costs to cross - border trade , or lower productivity for goods and services . evidence is not conclusive as to whether the benefits of summer - time arrangements outweigh the inconveniences linked to a biannual change of time . the commission ' s proposal highlights the importance of eu - level harmonization for the smooth functioning of the internal market . though this proposal is not sufficiently justified , as it does not sufficiently identify the problems created by existing legislation . furthermore , it is still not known what the exact economic costs and the total impact of this change would be across europe , as there is no impact assessment study and cost / benefit analysis conducted by the commission .


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . though concerns were expressed in some cases regarding the outcome of public consultations , as this does not derive from a representative sample of european citizens , with the commission acknowledging the weakness of the internet process , indicating that 42% of the participating citizens who voted in favour of discontinuing seasonal changes come only from germany . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area .


### implementation of this directive should be monitored . the results of this monitoring should be presented by the commission in a report to the european parliament and to the council . that report should be based on the information that is made available to the commission by the member states in a timely fashion to allow for the report to be presented at the specified time . ### implementation of this directive should be monitored . the results of this monitoring should be presented by the commission in a sufficiently substantiated report to the european parliament and to the council . that report should be based on the information that is made available to the commission by the member states in a timely fashion to allow for the report to be presented at the specified time .


### the emff should be based on four priorities : fostering sustainable fisheries and the conservation of marine biological resources ; contributing to food security in the union through competitive and sustainable aquaculture and markets ; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities ; strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . those priorities should be pursued through shared , direct and indirect management . ### the emff should be based on four priorities : fostering sustainable fisheries and the conservation of marine biological resources ; contributing to food security in the union through competitive and sustainable aquaculture and markets ; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities including the islands and outermost regions ; strengthening international ocean governance and enabling safe , secure , clean and sustainably managed seas and oceans . those priorities should be pursued through shared , direct and indirect management .


### the emff should contribute to the achievement of the environmental objectives of the union . this contribution should be tracked through the application of union environmental markers and reported regularly in the context of evaluations and annual performance reports . ### the emff should contribute to the achievement of the environmental objectives of the union with due regard to social cohesion . this contribution should be tracked through the application of union environmental markers and reported regularly in the context of evaluations and annual performance reports .


### fisheries are vital to the livelihood and cultural heritage of many coastal communities in the union , in particular where small - scale coastal fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge . ### fisheries are vital to the livelihood and cultural heritage of many coastal communities , islands and outermost regions in the union , in particular where small - scale coastal and inshore fishing plays an important role . with the average age in many fishing communities being over 50 , generational renewal and diversification of activities remain a challenge .


### it should be possible for the emff to support the promotion and the sustainable development of aquaculture , including freshwater aquaculture , for the farming of aquatic animals and plants for the production of food and other raw material . complex administrative procedures in some member states remain in place , such as difficult access to space and burdensome licensing procedures , which make it difficult for the sector to improve the image and competitiveness of farmed products . support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of regulation no 1380 / 2013 . in particular , support for environmental sustainability , productive investments , innovation , acquisition of professional skills , improvement of working conditions , compensatory measures providing critical land and nature management services should be eligible . public health actions , aquaculture stock insurance schemes and animal health and welfare actions should also be eligible . however , in the case of productive investments support should be provided only through financial instruments and through investeu , which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector . ### it should be possible for the emff to support the promotion and the sustainable development of aquaculture , including freshwater aquaculture and closed containment systems , for the farming of aquatic animals and plants for the production of food and other raw material . complex administrative procedures in some member states remain in place , such as difficult access to space and burdensome licensing procedures , which make it difficult for the sector to improve the image and competitiveness of farmed products . support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of regulation no 1380 / 2013 . in particular , support for environmental sustainability , productive investments , innovation , acquisition of professional skills , improvement of working conditions , compensatory measures providing critical land and nature management services should be eligible . public health actions , aquaculture stock insurance schemes and animal health and welfare actions should also be eligible . however , in the case of productive investments support should be provided only through financial instruments and through investeu , which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector .


### job creation in coastal regions relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions . ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030 . to be sustainable , blue growth depends on innovation and investment in new maritime businesses and in the bio - economy , including sustainable tourism models , ocean - based renewable energy , innovative high - end shipbuilding and new port service , which can create jobs and at the same time enhance local development . whilst public investment in the sustainable blue economy should be mainstreamed throughout the union budget , the emff should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services . support for the development of the sustainable blue economy should be delivered through shared , direct and indirect management . ### job creation in coastal regions relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions , including the islands and outermost regions . ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030 . to be sustainable , blue growth depends on innovation and investment in new maritime businesses and in the bio - economy , including sustainable tourism models , ocean - based renewable energy , innovative high - end shipbuilding and new port service , which can create jobs and at the same time enhance local development . whilst public investment in the sustainable blue economy should be mainstreamed throughout the union budget , the emff should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services . support for the development of the sustainable blue economy should be delivered through shared , direct and indirect management .


### the development of a sustainable blue economy strongly relies on partnerships between local stakeholders that contribute to the vitality of coastal and inland communities and economies . the emff should provide tools to foster such partnerships . for that purpose , support for community - led local development should be available under shared management . that approach should boost economic diversification in a local context through the development of coastal and inland fisheries , aquaculture and a sustainable blue economy . clld strategies should ensure that local communities better exploit and benefit from the opportunities offered by the sustainable blue economy , capitalising on and strengthening environmental , cultural , social and human resources . every local partnership should therefore reflect the main focus of its strategy by ensuring a balanced involvement and representation of all relevant stakeholders from the local sustainable blue economy . ### the development of a sustainable blue economy strongly relies on partnerships between local stakeholders that contribute to the vitality and sustainability of the populations of coastal , island and inland communities and economies . the emff should provide tools to foster such partnerships . for that purpose , support for community - led local development should be available under shared management . that approach should boost economic diversification in a local context through the development of coastal and inland fisheries , aquaculture and a sustainable blue economy . clld strategies should ensure that local communities better exploit and benefit from the opportunities offered by the sustainable blue economy , capitalising on and strengthening environmental , cultural , social and human resources . every local partnership should therefore reflect the main focus of its strategy by ensuring a balanced involvement and representation of all relevant stakeholders from the local sustainable blue economy .


### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . ### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . this worthwhile role must be carried out in a transparent and trustworthy manner , subject to clear rules laid down in advance for all actors and provided that a level playing field is established for all those involved in the operations . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union .


### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union’s internal market in today’s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws . ### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , with the brunt of the problem being borne by micro , small and medium - sized enterprises . a cross - border regulatory framework should be established which lays down how issues including the following should be handled : tax payments , labour issues and issues concerning the transparent hiring of services , among others , with a view to ensuring the proper functioning of the market and fair and balanced competition . lastly , a proper tax system is needed for operations of this kind , one which makes for equality in tax treatment for companies and does not incentivise fiscal dumping .


### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment within the internal market by ensuring , in particular , that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines . at the same , those rules should be such as to safeguard the important innovation potential of the wider online platform economy . ### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment by ensuring , in particular , that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines . at the same , those rules should be such as to safeguard the important innovation potential of the wider online platform economy .


### in order to protect business users it should be possible for a competent court to establish that non - compliant terms and conditions are not binding on the business user concerned , with effects ex nunc . any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant . the remaining provisions should remain valid and enforceable , in as far as they can be severed from the non - compliant provisions . sudden modifications to existing terms and conditions may significantly disrupt business users’ operations . in order to limit such negative effects on business users , and to discourage such behaviour , modifications made in contravention of the obligation to provide a set notice period , should therefore be null and void , that is , deemed to have never existed with effects erga omnes and ex tunc . ### in order to protect business users it should be possible for a competent court to establish that non - compliant terms and conditions are not binding on the business user concerned , with effects ex nunc . any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant . the remaining provisions should remain valid and enforceable , in as far as they can be severed from the non - compliant provisions , provided that continued provision of the service does not cause irreparable harm to the company in question . sudden modifications to existing terms and conditions may significantly disrupt business users’ operations . in order to limit such negative effects on business users , and to discourage such behaviour , modifications made in contravention of the obligation to provide a set notice period , should therefore be null and void , that is , deemed to have never existed with effects erga omnes and ex tunc .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof in advance . the statement of reasons should always be presented in a clear and transparent manner and meet specific criteria . business users should be allowed to challenge the decision and effective means of redress should be available to them for that purpose . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 3342222 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . ### where , in the provision of their services , providers of online intermediation services&#160 ; establish obligation for&#160 ; business users to&#160 ; provide them with&#160 ; the same conditions for goods and services as they have at their homepage , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions .


### providers of online intermediation services shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint - handling system . ### providers of online intermediation services shall provide business users with all relevant information relating complaints lodging .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . this could include violation of the terms and conditions , as well as suspicion of business user violation which could be harmful to the consumer or to the platform . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . however , such statement of reasons should not be provided if the information could help a business user suspected of performing practices that are harmful to the consumers or to the platform , as highlighted above , maintain or improve their harmful practices . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### are drafted in clear and unambiguous language ; ### are drafted in&#160 ; plain and&#160 ; intelligible language ;


### the statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services , as well as a reference to the applicable objective ground or grounds for that decision referred to in article 3 . ### the statement of reasons referred to in paragraph 1 shall refer to the applicable objective ground or grounds for that decision referred to in article 3 .


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


### that information shall include the total number of complaints lodged , the subject - matter of the complaints , the time period needed to process the complaints and the decision taken on the complaints . ### that information shall include the total number of complaints lodged , the main types of complaints and the average time period needed to process the complaints and the decision taken on the complaints . in order to protect the privacy of the business users involved , the information shall only be provided in aggregated data . providers of online intermediation services shall , when complying with the requirements of this paragraph , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 or any information where a legal or confidentiality obligation does not allow them to do so or any information that may lead to consumer harm .


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


### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the right to freedom of expression and information as well as the right to privacy , which constitute one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . this regulation should not affect the applicable rules on the processing of personal data , notably regulation 2016 / 679 and directive 2016 / 680 .


### hosting service providers should apply certain duties of care , in order to prevent the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that , when applying this regulation , hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information . ### hosting service providers should apply certain duties of care , in order to prevent the dissemination of terrorist content on their services . these duties of care should not amount to a general monitoring obligation . duties of care should include that hosting services providers act in a diligent , proportionate and non - discriminatory manner in respect of content that they store , in particular when implementing their own terms and conditions , with a view to avoiding removal of content which is not terrorist . the removal or disabling of access has to be undertaken in the observance of freedom of expression and information .


### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### the competent authority should transmit the removal order directly to the addressee in the same member state and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### hosting service providers shall acknowledge receipt and , without undue delay , inform the competent authority about the removal of terrorist content or disabling access to it , indicating , in particular , the time of action , using the template set out in annex ii . ### hosting service providers shall , without undue delay , inform the competent authority about the disabling of access to terrorist content , indicating the time of action , using the template set out in annex ii .


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


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


### hosting service providers shall set out in their terms and conditions their policy to prevent the dissemination of terrorist content , including , where appropriate , a meaningful explanation of the functioning of proactive measures including the use of automated tools . ### where hosting service providers adopt a policy to limit the dissemination of terrorist content , they shall set out in their terms and conditions a meaningful explanation of the functioning of proactive measures including the use of automated tools , and a clear information on how to access complaint procedures and to seek judicial redress .


### overview and outcome of complaint procedures . ### number and outcome of complaint procedures .


### hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal or disabling of access was unjustified . they shall inform the complainant about the outcome of the examination . ### upon receipt of a complaint , hosting service providers shall immediately reinstate the content . where , following a thorough examination of the complaint , they consider that the removal or disabling of access was justified , they shall take a final decision confirming the removal or disabling of access . in that case , they shall inform the complainant about the outcome of the examination and the possibilities to seek judicial redress .


### the obligation pursuant to paragraphs 1 and 2 shall not apply where the competent authority decides that there should be no disclosure for reasons of public security , such as the prevention , investigation , detection and prosecution of terrorist offences , for as long as necessary , but not exceeding [ four ] weeks from that decision . in such a case , the hosting service provider shall not disclose any information on the removal or disabling of access to terrorist content . ### the obligation pursuant to paragraph 2 shall not apply where the competent authority decides that there should be no disclosure in order to avoid prejudicing the prevention , investigation , detection and prosecution of terrorist offences , for as long as necessary , but not exceeding [ four ] weeks from that decision . in such a case , the hosting service provider shall not disclose any information on the removal or disabling of access to terrorist content .


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development to ensure the non - discriminatory application of the present directive to the different service providers . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voicecommunications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ' click - through ' application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for end - users with disabilities using text or video relay or total conversation services , such as voice , video and real - time text , singly or in combination , within the same call ) .


### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state . emergency communications are means of communication , that include not only voice communications but also sms , messaging , video or other types of communications , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec ### end - users should be able to access emergency services through emergency communications free of charge and without having to use any means of payment , from any device which enables number - based interpersonal communications services , including when using roaming services in a member state or through a private telecommunications networks . emergency communications are means of communication , that include not only voice communications but also real - time text , video or other types of communications , including through the use of third party relay services , that are enabled in a member state to access emergency services . emergency communication can be triggered on behalf of a person by the ecall in - vehicle system as defined by regulation 2015 / 758 / eu of the european parliament and of the council41 . it should , however , be for the member states to decide which number - based interpersonal communications services are appropriate for emergency services , including the possibility to limit those options to voice communications and their equivalent for end - users with disabilities or to add additional options as agreed with national psaps . in order to take into account future technological developments or an increased use of number - independent interpersonal communications services , the commission should assess the feasibility of providing accurate and reliable access to emergency services through number - independent interpersonal communications services , after consultation with national regulatory authorities , emergency services , standardisation bodies and other relevant stakeholders . __________________ 41 regulation 2015 / 758 / eu of the european parliament and of the council concerning type - approval requirements for the ecall in - vehicle system based on the 112 service and amending directive 2007 / 46 / ec


### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to disabled end - users , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users . this could involve the provision of special terminal devices . ### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to end - users with disabilities , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users through total conversation services or the use of third party relay services interoperable with the telephony networks across the eu . this could also involve the provision of special terminal devices people with disabilities when the abovementioned ways of communication are not suitable for them .


### in order to ensure that disabled end - users benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , consumer protection requirements for disabled end - users to be met by undertakings providing publicly available electronic communications services . such requirements can include , in particular , that undertakings ensure that disabled end - users take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , as those offered to their other end - users , irrespective of any additional costs incurred by these undertakings . other requirements can relate to wholesale arrangements between undertakings . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures . ### member states should ensure that end - users with disabilities enjoy equivalent access and choice to electronic communication services , in line with the un convention on the rights of persons with disabilities and the universal design approach . in particular , in order to ensure that end - users with disabilities benefit from competition and the choice of service providers enjoyed by the majority of end - users , relevant national authorities should specify , where appropriate and in light of national conditions , and after consulting representative organisations of persons with disabilities , consumer protection requirements for end - users with disabilities to be met by providers of publicly available electronic communications services and related terminal equipment . such requirements can include , in particular , that providers ensure that end - users with disabilities take advantage of their services on equivalent terms and conditions , including prices , tariffs and quality , and access to related terminal equipment as those offered to their other end - users , irrespective of any additional costs incurred by these providers . other requirements can relate to wholesale arrangements between providers . in order to avoid creating an excessive burden on service providers national regulatory authorities should verify , whether the objectives of equivalent access and choice can actually be achieved without such measures .


### networks used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations can include the transmission of services specifically designed to enable appropriate access by disabled users . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling , audio description and sign language . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data supporting those functionalities can be included in must carry obligations . ### electronic communications networks and services used for the distribution of radio or television broadcasts to the public include cable , iptv , satellite and terrestrial broadcasting networks . they might also include other networks to the extent that a significant number of end - users use such networks as their principal means to receive radio and television broadcasts . must carry obligations should include the transmission of services specifically designed to enable equivalent access by users with disabilities . accordingly complementary services include , amongst others , services designed to improve accessibility for end - users with disabilities , such as videotext , subtitling for the deaf and hard of hearing , audio description , spoken subtitles and sign language interpretation . because of the growing provision and reception of connected tv services and the continued importance of electronic programme guides for user choice the transmission of programme - related data necessary to support the functionalities of providing electronic programme guides , teletext and programme - related ip addresses can be included in must carry obligations .


### on the other hand , it is to ensure the provision throughout the union of good - quality , affordable , publicly available services through effective competition and choice , to deal with circumstances in which the needs of end - users , including disabled users , are not satisfactorily met by the market and to lay down the necessary end - user rights . ### on the other hand , it is to ensure the provision throughout the union of good - quality , affordable , publicly available services through effective competition and choice , to deal with circumstances in which the needs of end - users , including users with disabilities in order to access the services on an equal basis with others , are not satisfactorily met by the market and to lay down the necessary end - user rights .


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


### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights concerning publicly available electronic communications services , in particular where they have a significant impact on the market . ### member states shall ensure as far as appropriate that national regulatory authorities take account of the views of end - users , consumers , manufacturers and undertakings that provide electronic communications networks and / or services on issues related to all end - user and consumer rights , including equivalent access and choice for end - users with disabilities , concerning publicly available electronic communications services , in particular where they have a significant impact on the market .


### in particular , member states shall ensure that national regulatory authorities establish a consultation mechanism ensuring that in their decisions on issues related to end - user and consumer rights concerning publicly available electronic communications services , due consideration is given to consumer interests in electronic communications . ### in particular , member states shall ensure that national regulatory authorities establish a consultation mechanism , accessible for persons with disabilities , ensuring that in their decisions on issues related to end - user and consumer rights concerning publicly available electronic communications services , due consideration is given to consumer interests in electronic communications .


### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , and access to 112 emergency services . ### numbering , including number ranges , portability of numbers and identifiers , number and address translation systems , interoperability of total conversation services and access to 112 emergency services , including for persons with disabilities .


### to the extent that is necessary to ensure accessibility for end - users to digital radio and television broadcasting services specified by the member state , obligations on operators to provide access to the other facilities referred to in annex ii , part ii on fair , reasonable and non - discriminatory terms . ### to the extent that is necessary to ensure accessibility for end - users , including for end - users with disabilities , to digital radio and television broadcasting services specified by the member state , obligations on operators to provide access to the other facilities referred to in annex ii , part ii on fair , reasonable and non - discriminatory terms .


### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs end - users are prevented from accessing such services , they may require undertakings which provide such services to offer to those end - users tariff options or packages different from those provided under normal commercial conditions . to that end , member states may require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that end - users entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 and that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service . ### where member states establish that , in the light of national conditions , retail prices for services identified in article 79 are not affordable , because low - income or special social needs consumers are prevented from accessing such services , they shall require providers of such services to offer to those consumers tariff options or packages different from those provided under normal commercial conditions . to that end , member states shall require such undertakings to apply common tariffs , including geographic averaging , throughout the territory . member states shall ensure that consumers entitled to such tariff options or packages have a right to contract with an undertaking providing the services identified in article 79 . member states shall also ensure that such undertaking provides them with an adequate period of availability of a number and avoid unwarranted disconnection of service .


### member states shall ensure , in the light of national conditions , that support is provided as appropriate to end - users with disabilities , or that other specific measures are taken , in view of ensuring that related terminal equipment , specific equipment and specific services enhancing equivalent access are affordable . ### member states shall ensure , in the light of national conditions , that support is provided as appropriate to consumers with disabilities , and that other specific measures are taken , in view of ensuring that related terminal equipment is accessible for persons with disabilities , and specific equipment and specific services enhancing equivalent access are available and affordable . the average cost of the relay services for consumers with disabilities shall be equivalent to that of voice communication services pursuant to article 79 .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users , including through total conversation services or third - party relay services . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on an equivalent basis with others , whilst travelling in another member state , where feasible , without any pre - registration . these measures shall seek to ensure interoperability across member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### member states shall ensure that citizens are adequately informed about the existence and use of the single european emergency number ‘ 112’ , in particular through initiatives specifically targeting persons travelling between member states . ### member states shall ensure that citizens are adequately informed about the existence and use of the single european emergency number ‘ 112’ , as well as its accessibility features , including through initiatives specifically targeting persons travelling between member states , and persons with disabilities . that information shall be provided in accessible formats , addressing different types of disabilities . the commission shall support and complement member states’ action .


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


### member states shall ensure that the competent authorities specify , where appropriate , requirements to be met by undertakings providing publicly available electronic communications services to ensure that disabled end - users : ### member states shall ensure that the competent authorities specify requirements to be met by providers of publicly available electronic communications services to ensure that end - users with disabilities :


### interoperability of consumer digital television equipment ### interoperability of consumer digital television and radio equipment


### in accordance with the provisions of annex x , member states shall ensure the interoperability of the consumer digital television equipment referred to therein . ### in accordance with the provisions of annex x , member states shall ensure the interoperability of the consumer digital television and radio equipment referred to therein .


### member states may impose reasonable ‘ must carry’ obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access for disabled end - users and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . ### member states may impose reasonable ' must carry ' obligations , for the transmission of specified radio and television broadcast channels and related complementary services , particularly accessibility services to enable appropriate access to content and electronic programming guide for end - users with disabilities and data supporting connected tv services and electronic programme guides , on undertakings under their jurisdiction providing electronic communications networks and services used for the distribution of radio or television broadcast channels to the public where a significant number of end - users of such networks and services use them as their principal means to receive radio and television broadcast channels . such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent . member states shall only impose ' must carry ' obligations on analogue television broadcast transmissions where a lack of such an obligation would cause a significant disturbance for a significant number of end - users or where there are no other transmission means for specified television broadcast channels . ' must carry ' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each member state and shall be proportionate and transparent .


### since taking up its responsibilities on 1 december 2012 , the agency took over the tasks conferred on the management authority in relation to vis by regulation no 767 / 2008 and council decision 2008 / 633 / jha55 . it took over the tasks conferred to the management authority in relation to sis ii by regulation no 1987 / 2006 and council decision 2007 / 533 / jha in april 2013 following the system ' s go - live and it took up the tasks conferred on the commission in relation to eurodac in accordance with regulations no 2725 / 2000 and 407 / 2002 in june 2013 . the first evaluation of the agency ' s work based on an independent external evaluation and carried out in 2015 - 2016 , concluded that eu - lisa effectively ensures the operational management of the large - scale it systems and other tasks entrusted to it but also that a number of changes to the establishing regulation are necessary such as the transfer to the agency of the communication infrastructure tasks retained by the commission . building on the external evaluation , the commission took into account policy , legal and factual developments and proposed in particular in its report on the functioning of the european agency on the operational management of large - scale it systems in the area of freedom , security and justice 56 that the mandate of the agency should be extended to carry out the tasks derived from the adoption by the co - legislators of proposals entrusting new systems to the agency , the tasks referred to in the commission ' s communication on stronger and smarter information systems for borders and security of 6 april 2016 , the high level expert group ' s final report of 11 may 2017 and in the commission ' s seventh progress report towards an effective and genuine security union of 16 may 2017 , subject where required to the adoption of the relevant legislative instruments . in particular , the agency should be tasked with the development of a european search portal , a shared biometric matching service and a common identity repository , subject to the adoption of the relevant legislative instrument on interoperability . where relevant , any actions carried out on interoperability should have to be guided by the commission communication on the european interoperability framework – implementation strategy57 . _________________ 55 council decision 2008 / 633 / jha of 23 june 2008 concerning access for consultation of the visa information system by designated authorities of member states and by europol for the purposes of the prevention , detection and investigation of terrorist offences and of other serious criminal offences . 56 com 346 , 29 . 6 . 2017 . 57 com 134 , 23 . 3 . 2017 . annex 2 of this communication provides the general guidelines , recommendations and best practices for achieving interoperability or at least for creating the environment to achieve better interoperability when designing , implementing and managing european public services . ### since taking up its responsibilities on 1 december 2012 , the agency took over the tasks conferred on the management authority in relation to vis by regulation no 767 / 2008 and council decision 2008 / 633 / jha55 . it took over the tasks conferred to the management authority in relation to sis ii by regulation no 1987 / 2006 and council decision 2007 / 533 / jha in april 2013 following the system ' s go - live and it took up the tasks conferred on the commission in relation to eurodac in accordance with regulations no 2725 / 2000 and 407 / 2002 in june 2013 . the first evaluation of the agency ' s work based on an independent external evaluation and carried out in 2015 - 2016 , concluded that eu - lisa effectively ensures the operational management of the large - scale it systems and other tasks entrusted to it but also that a number of changes to the establishing regulation are necessary such as the transfer to the agency of the communication infrastructure tasks retained by the commission . building on the external evaluation , the commission took into account policy , legal and factual developments and proposed in particular in its report on the functioning of the european agency on the operational management of large - scale it systems in the area of freedom , security and justice 56 that the mandate of the agency should be extended to carry out the tasks derived from the adoption by the co - legislators of proposals entrusting new systems to the agency . _________________ 55 council decision 2008 / 633 / jha of 23 june 2008 concerning access for consultation of the visa information system by designated authorities of member states and by europol for the purposes of the prevention , detection and investigation of terrorist offences and of other serious criminal offences . 56 com 346 , 29 . 6 . 2017 .


### the agency should also provide ad - hoc support to member states where required by security or migratory extraordinary needs . in particular , where a member state faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large inward migratory flows , the member states should be able to rely on technical and operational reinforcements . this should be provided in hotspot areas by migration management support teams composed of experts from relevant union agencies . where the support of eu - lisa would be required in this context with regard to issues related to the large - scale it systems it manages , the request for support should be sent to the agency by the commission . ### the agency should also provide ad - hoc support to member states where required by security extraordinary needs . where the support of eu - lisa would be required in this context with regard to issues related to the large - scale it systems it manages , the request for support should be sent to the agency by the commission .


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


### in order to ensure open and transparent employment conditions and equal treatment of staff , the staff regulations of officials of the european union and the conditions of employment of other servants of the european union , laid down in regulation no 259 / 6869 , should apply to the staff , including the rules of professional secrecy or other equivalent duties of confidentiality . _________________ 69 jo l 56 , 4 . 3 . 1968 , p . 1 . ### in order to ensure open and transparent employment conditions and equal treatment of staff , the staff regulations of officials of the european union and the conditions of employment of other servants of the european union , laid down in regulation no 259 / 6869 , should apply to the staff , including the rules of professional secrecy or other equivalent duties of confidentiality . the agency should have sufficient budgetary and staff resources at its disposal in order not to have to outsource its tasks and duties to private companies . _________________ 69 jo l 56 , 4 . 3 . 1968 , p . 1 .


### operational management shall consist of all the tasks necessary to keep large - scale it systems functioning in accordance with the specific provisions applicable to each of them , including responsibility for the communication infrastructure used by them . those large - scale systems shall not exchange data or enable sharing of information or knowledge , unless so provided in a specific legal basis . ### operational management shall consist of all the tasks necessary to keep large - scale it systems functioning in accordance with the specific provisions applicable to each of them , including responsibility for the communication infrastructure used by them . those large - scale systems shall not exchange data or enable sharing of information or knowledge .


### the development of large - scale scale it systems using an adequate project management structure for efficiently developing large - scale it systems ; ### the development of large - scale scale it systems using an adequate project management structure for efficiently and securely developing large - scale it systems ;


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


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


### adopt an interim report by the end of august of each year on progress on the implementation of planned activities of the current year and submit it to the commission ; ### adopt an interim report by the end of august of each year on progress on the implementation of planned activities of the current year and submit it to the european parliament and the commission ;


### assess and adopt the consolidated annual activity report of the agency ' s activities for the previous year comparing , in particular , the results achieved with the objectives of the annual work programme and send both the report and its assessment , by 1 july of each year to the european parliament , the council , the commission and the court of auditors ; the annual activity report shall be published ; ### assess and adopt the consolidated annual activity report of the agency ' s activities for the previous year comparing , in particular , the results achieved with the objectives of the annual work programme and send both the report and its assessment , by 1 july of each year to the european parliament , the council , the commission , the european data protection supervisor and the court of auditors ; the annual activity report shall be published ;


### the executive director shall manage the agency . the executive director shall assist and be accountable to the management board . the executive director shall report to the european parliament on the performance of his or her duties when invited to do so . the council may invite the executive director to report on the performance of his / her duties . ### the executive director shall manage the agency . the executive director shall assist and be accountable to the management board . the executive director shall , at least once a year , report to the european parliament on the performance of his / her duties . the council may invite the executive director to report on the performance of his / her duties . furthermore , the executive director shall submit to the european parliament and to the council , every two years , a report on the performance of his / her duties and activities .


### before appointment , the candidate selected by the management board shall be invited to make a statement before the competent committee of the european parliament and answer questions from the committee members . after the statement , the european parliament shall adopt an opinion setting out its view of the selected candidate and send it to the management board . the management board shall inform the european parliament of the manner in which that opinion has been taken into account . the opinion shall be treated as personal and confidential until the appointment of the candidate . ### before appointment , the candidate selected by the management board shall be invited to make a statement before the competent committee of the european parliament and answer questions from the committee members . after the statement , the european parliament shall adopt an opinion setting out its view of the selected candidate and send it to the management board . the management board shall inform the european parliament of the manner in which that opinion has been taken into account . the opinion shall be treated as personal and confidential until the appointment of the candidate . following the appointment of the candidate , the european parliament shall be invited to submit a second opinion stating whether or not the management board has taken its initial opinion into account .


### the agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations . ### the agency shall adopt internal rules requiring the members of its bodies and its staff members to avoid any situation liable to give rise to a conflict of interest during their employment or term of office and to report such situations . any serious breach of those internal rules shall be notified to the european parliament and the commission in a manner reflecting the rules on confidentiality applicable to the alleged breach .


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