### ' claimless system ' means an application system for area - or animal - based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the member state . ### ' claimless system ' means a prefilled or some other kind of application system for area - or animal - based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the member state . claimless system enables the administration to make the payments to the farmers concerning all interventions and measures the farmer is eligible for based on the details in the official computerised databases , supplemented with additional information from the farmer , where necessary .


### the provision of information financed pursuant to point of article 7 shall aim , in particular , to help explain , implement and develop the cap and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns , to inform farmers and other parties active in rural areas and to promote the european model of agriculture , as well as to help citizens understand it . ### the dissemination of information financed pursuant to point of article 7 shall aim , in particular , to help explain , implement and develop the cap and to raise public awareness of its content and objectives , as well as to reinstate consumer confidence following crises . it shall , by means of information campaigns , inform farmers and other operators in the rural economy , promote the european model of agriculture , raise awareness among stakeholders and the general public about current challenges in agriculture and food in the area of the agro - ecological transition towards sustainable food systems and help citizens understand it . consistent , objective and comprehensive information must be provided inside and outside the union , by devising a communication plan that will encompass information provided by the public and entail public participation .


### the certification body shall have the necessary technical expertise . it shall be operationally independent from the paying agency and the coordinating body concerned as well as from the authority which has accredited that agency and the bodies responsible for the implementation and the monitoring of the cap . ### the certification body shall have the necessary technical expertise , not solely from a financial management aspect but also related to achieving the intended aims of the interventions and payments rewarding public goods . all data and information used to enable the certifying bodies to give assurance that the objectives and targets of the cap are indeed being reached , as well as the assumptions made , shall be made available transparently and shall be evidence based and verifiable by third parties . it shall be operationally independent from the paying agency and the coordinating body concerned as well as from the authority which has accredited that agency and the bodies responsible for the implementation and the monitoring of the cap .


### member states shall make available to the commission information about irregularities within the meaning of regulation no 2988 / 95 and other cases of non - compliance with the conditions established by member states in the cap strategic plan , suspected fraud cases detected , and information about the steps taken pursuant to section 3 of this chapter to recover undue payments in connection with those irregularities and frauds . ### member states shall make available to the commission and to their own citizens information about irregularities within the meaning of regulation no 2988 / 95 and other cases of non - compliance with the conditions established by member states in the cap strategic plan , suspected fraud cases detected , and information about the steps taken pursuant to section 3 of this chapter to recover undue payments in connection with those irregularities and frauds . the commission shall compile this information and draw up multiannual reports on the subject , which shall also be made available to the public .


### the annual ceiling for eagf expenditure shall be constituted by the maximum amounts set for it under regulation [ com 322 final ] . ### the annual ceiling for eagf expenditure shall be constituted by the maximum amounts set for it under regulation [ com 322 final ] that sets the limits for the member states .


### establish the control sample for the checks referred to in point to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1% of beneficiaries receiving the aid provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] . ### establish the control sample for the checks referred to in point to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 5% of beneficiaries receiving the aid provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] .


### the existing main elements of the integrated system and , in particular , the provisions concerning a system for identifying agricultural parcels , a geo - spatial and an animal - based application system , a system for identifying and registering payment entitlements , a system for recording the identity of beneficiaries and a control and penalties system should be maintained . member states should continue to use data or information products provided by the copernicus programme , in addition to information technologies such as galileo and egnos in order to ensure that comprehensive and comparable data is available throughout the union for the purposes of monitoring agri - environment - climate policy and for the purposes of boosting the use of full , free and open data and information captured by copernicus sentinels satellites and services . to this end , the integrated system should include also an area monitoring system . ### the existing main elements of the integrated system and , in particular , the provisions concerning a system for identifying agricultural parcels , a geo - spatial and an animal - based application system , a system for identifying and registering payment entitlements , a system for recording the identity of beneficiaries and a control and penalties system should be maintained . member states should continue to use data or information products provided by the copernicus programme , in addition to information technologies such as galileo and egnos in order to ensure that comprehensive and comparable data is available throughout the union for the purposes of monitoring agri - environment - climate policy and for the purposes of boosting the use of full , free and open data and information captured by copernicus sentinels satellites and services . to this end , the integrated system should include also an area monitoring system . the purpose of using such technology should be to limit the instances that on farm inspections are required and reduce the administrative burden on farmers .


### the implementing acts shall also set out : ### the list shall include :


### experience gained so far with the application of regulation no 834 / 2007 shows a need to clarify the products to which this regulation applies . primarily , it should cover agricultural products , including aquaculture products , listed in annex i to the treaty on the functioning of the european union . moreover , it should cover processed agricultural products for use as food or feed because the placing on the market of such products as organic provides a major outlet for agricultural products and ensures visibility to the consumer of the organic nature of the agricultural products from which they are processed . likewise , this regulation should cover certain other products which are linked to agricultural products in a similarly close way as processed agricultural products because those other products either constitute a major outlet for agricultural products or form an integral part of the production process . finally , sea salt should be included in the scope of this regulation because it is produced by applying natural production techniques and its production contributes to the development of rural areas , and thus falls within the objectives of this regulation . for reasons of clarity , those other products , not listed in annex i to the treaty , should be listed in an annex to this regulation . ### experience gained so far with the application of regulation no 834 / 2007 shows a need to clarify the products to which this regulation applies . primarily , it should cover agricultural products , including aquaculture products , listed in annex i to the treaty on the functioning of the european union . moreover , it should cover processed agricultural products for use as food or feed because the placing on the market of such products as organic provides a major outlet for agricultural products and ensures visibility to the consumer of the organic nature of the agricultural products from which they are processed . likewise , this regulation should cover certain other products which are linked to agricultural products in a similarly close way as processed agricultural products because those other products either constitute a major outlet for agricultural products or form an integral part of the production process . finally , sea salt will be included when it is produced by techniques in accordance with this regulation . for reasons of clarity , those other products , not listed in annex i to the treaty , should be listed in an annex to this regulation .


### ' genetically modified organism ' means a genetically modified organism as defined in point of article 2 of directive 2001 / 18 / ec of the european parliament and of the council43 which is not obtained through the techniques of genetic modifications listed in annex i . b to that directive , hereinafter referred to as ‘ gmo ' ; __________________ 43 directive 2001 / 18 / ec of the european parliament and of the council of 12 march 2001 on the deliberate release into the environment of genetically modified organisms and repealing council directive 90 / 220 / eec . ### ' genetically modified organism ' means a genetically modified organism as defined in directive 2001 / 18 / ec of the european parliament and of the council43 , hereinafter referred to as ‘ gmo ' ; __________________ 43 directive 2001 / 18 / ec of the european parliament and of the council of 12 march 2001 on the deliberate release into the environment of genetically modified organisms and repealing council directive 90 / 220 / eec .


### ‘ equivalence’ means meeting the same objectives and principles by applying rules which ensure the same level of assurance of conformity ; ‘ processing aid’ means processing aid as defined in point of article 3 of regulation no 1333 / 2008 ; ### ' equivalent ' , when describing different systems or measures , means that they meet the same objectives and principles by applying rules which ensure the same level of assurance of conformity ;


### 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 .


### in order to ensure quality , traceability and compliance with this regulation as regards organic seaweed production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 amending or supplementing the specific seaweed production rules as regards : ### in order to ensure quality , traceability and compliance with this regulation as regards organic algae production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the specific algae production rules as regards :


### provision should be made to ensure that the movement of organic products that have been subject to a control in one member state and which comply with this regulation cannot be restricted in another member state . in order to ensure the proper functioning of the single market and trade between member states , the power to adopt certain acts should be delegated to the commission to lay down rules relating to the free movement of organic products . ### provision should be made to ensure that the movement of organic products that have been subject to a control in one member state and which comply with this regulation cannot be restricted in another member state .


### operators and groups of operators that have notified their activity in accordance with article 24 and comply with this regulation shall be entitled to be provided with an organic certificate . the organic certificate , issued in electronic form wherever possible , shall at least allow the identification of the operator or group of operators , the type or range of products covered by the certificate and its period of validity . ### operators and groups of operators that have notified their activity in accordance with article 24 and comply with this regulation shall be entitled to be provided with an organic certificate . the organic certificate , issued in electronic form wherever possible , shall at least allow the identification of the operator or group of operators , the type or range of products covered by the certificate and its period of validity . this period of validity should equate to the period of the scheme that the producer has signed up to in order to reduce costs to the producer , while the control authority retains the right to withdraw the certificate for breaches of the regulation .


### in order to ensure quality , traceability and compliance with this regulation as regards organic aquaculture animals production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 amending or supplementing the specific production rules for aquaculture animals as regards : ### in order to ensure quality , traceability and compliance with this regulation as regards organic aquaculture animals production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the specific production rules for aquaculture animals , including for specific aquaculture species , as regards :


### in order to ensure quality , traceability and compliance with this regulation as regards organic plant production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 amending or supplementing the specific plant production rules as regards : ### in order to ensure quality , traceability and compliance with this regulation as regards organic plant production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the specific plant production rules as regards :


### given the dynamic evolution of the organic sector , council regulation no 834 / 200726 identified the need for a future review of the union rules on organic production , taking into account the experience gained from the application of those rules . the results of that review carried out by the commission show that the union legal framework governing organic production should be improved to provide for rules that correspond to the high expectations of consumers and that guarantee sufficient clarity for those to whom they are addressed . therefore , regulation no 834 / 2007 should be repealed and replaced by a new regulation . __________________ 26 council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products and repealing regulation no 2092 / 91 . ### given the dynamic evolution of the organic sector , council regulation no 834 / 200726 identified the need for a future review of the union rules on organic production , taking into account the experience gained from the application of those rules . the results of that review carried out by the commission show that the union legal framework governing organic production should be improved to provide for rules that correspond to the high expectations of consumers and that guarantee sufficient clarity for those to whom they are addressed . therefore , regulation no 834 / 2007 should be repealed and replaced by a new regulation maintaining all the benefits of the current regulation while helping to promote farming , marketing , and awareness of the contribution that organic products make to a qualitatively good healthy diet , the environment , and animal welfare in the union . __________________ 26 council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products and repealing regulation no 2092 / 91 .


### in order to ensure quality , traceability and compliance with this regulation as regards organic livestock production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 amending or supplementing the specific livestock production rules as regards : ### in order to ensure quality , traceability and compliance with this regulation as regards organic livestock production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the specific livestock production rules as regards :


### 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 single database for the listing of the varieties , in particular traditional and rare 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 the commission’s exercise of implementing powers .


### mass catering operations carried out by a mass caterer as defined in point of article 2 of regulation no 1169 / 2011 of the european parliament and of the council35 shall not be subject to this regulation . __________________ 35 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulations no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directives 2002 / 67 / ec and 2008 / 5 / ec and commission regulation no 608 / 2004 . ### mass catering operations carried out by a mass caterer as defined in point of article 2 of regulation no 1169 / 2011 of the european parliament and of the council35 shall be subject to this regulation . __________________ 35 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulations no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directives 2002 / 67 / ec and 2008 / 5 / ec and commission regulation no 608 / 2004 .


### 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 seed and vegetative propagating 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 recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries , following receipt of the assessment by the eu organic agency of the technical dossier , and the establishment of the list of those control authorities and control bodies , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 , 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 quality , traceability and compliance with this regulation as regards organic production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the rules laid down in this article or supplementing and amending the rules set out in annex ii as regards conversion . ### in order to ensure quality , traceability and compliance with this regulation as regards organic production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the rules laid down in this article or supplementing the rules set out in annex ii as regards conversion .


### poultry shall have access to an open air area for at least one third of their life . open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs ; ### poultry shall have access to an open air area , including pasture and / or woodland for at least one half of their life . open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities allowing animals to hide and express scratching behaviour and permit them to have easy access to adequate numbers of drinking troughs ;


### poultry shall either be reared until they reach a minimum age or else shall come from slow - growing poultry strains as defined by the competent authority . where slow - growing poultry strains are not used by the farmer the minimum age at slaughter shall be as follows : ### poultry shall come from slow - growing poultry strains which meet set limited daily growth rates that are compatible with the minimum rearing ages for each species . these growth rates shall be set in this regulation . the minimum age at slaughter shall be as follows :


### in order to ensure the integrity of organic production and adaptation to technical developments , the power to adopt certain acts should be delegated to the commission in respect of establishing rules amending or supplementing the specific rules on collection , packaging , transport and storage of organic products . ### in order to ensure the integrity of organic production and adaptation to technical developments , the power to adopt certain acts should be delegated to the commission in respect of establishing rules supplementing the specific rules on collection , packaging , transport and storage of organic products .


### for the purposes of paragraph 1 , with regard to gmos or products produced from or by gmos for food and feed , operators may rely on the labels of a product or any other accompanying document , affixed or provided pursuant to directive 2001 / 18 / ec , regulation no 1829 / 2003 of the european parliament and of the council48 or regulation no 1830 / 2003 of the european parliament and of the council49 . __________________ 48 regulation 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed . 49 regulation 1830 / 2003 of the european parliament and of the council of 22 september 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending directive 2001 / 18 / ec . ### for the purposes of the prohibition referred to in paragraph 1 , with regard to gmos or products produced from or by gmos for food and feed , operators shall rely on the labels of a product or any other accompanying document , affixed or provided pursuant to directive 2001 / 18 / ec , regulation no 1829 / 2003 of the european parliament and of the council48 or regulation no 1830 / 2003 of the european parliament and of the council49 . __________________ 48 regulation 1829 / 2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed . 49 regulation 1830 / 2003 of the european parliament and of the council of 22 september 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending directive 2001 / 18 / ec .


### the choice of breeds shall be appropriate and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals . ### the choice of breeds shall be appropriate to ensure a high standard of animal welfare and shall contribute to the prevention of any suffering and to avoiding the need for the mutilation of animals .


### in order to ensure quality , traceability and compliance with this regulation as regards organic yeast production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 amending or supplementing the specific yeast production rules as regards the processing and the substrates used . ### in order to ensure quality , traceability and compliance with this regulation as regards organic yeast production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the specific yeast production rules , as laid down in point 1 . 3 of part vi of annex ii .


### in order to ensure quality , traceability and compliance with this regulation as regards organic wine production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 amending or supplementing the specific wine production rules as regards oenological practices and restrictions . ### in order to ensure quality , traceability and compliance with this regulation as regards organic wine production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the specific wine production rules as regards oenological practices and restrictions , as laid down in points 3 . 2 . , 3 . 3 . , 3 . 4 . and 3 . 5 . of part v of annex ii .


### small farmers in the union face , individually , relatively high inspection costs and administrative burden linked to organic certification . a system of group certification should be allowed with a view to reducing the inspection and certification costs and the associated administrative burden , strengthening local networks , contributing to better market outlets and ensuring a level playing field with operators in third countries . for that reason , the concept of ‘ group of operators ' should be introduced and defined . ### small farmers in the union face , individually , relatively high inspection costs and administrative burden linked to organic certification . a system of group certification should be allowed with a view to reducing the inspection and certification costs and the associated administrative burden , strengthening local networks , contributing to better market outlets and ensuring a level playing field with operators in third countries . for that reason , the concept of ‘ group of operators ' should be introduced and defined . this should be sufficiently flexible to allow member states to create thresholds relevant to their own countries as there are major differences in what is regarded as a ' smallholding ' in member states .


### provision should be made to ensure that the movement of organic products that have been subject to a control in one member state and which comply with this regulation cannot be restricted in another member state . in order to ensure the proper functioning of the single market and trade between member states , the power to adopt certain acts should be delegated to the commission to lay down rules relating to the free movement of organic products . ### provision should be made to ensure that the movement of organic products that have been subject to a control in one member state and which comply with this regulation cannot be restricted in another member state .


### in order to ensure quality , traceability and compliance with this regulation as regards organic processed food and feed production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 amending or supplementing the specific production rules for processed food and feed as regards : ### in order to ensure quality , traceability and compliance with this regulation as regards organic processed feed production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the specific production rules for processed feed as regards :


### in particular , the objectives of the organic production policy are embedded in the objectives of the cap by ensuring that farmers receive a fair return for complying with the organic production rules . in addition , the growing consumer demand for organic products creates conditions for further development and expansion of the market in those products and thus for an increase in the return of farmers engaged in organic production . ### in particular , the objectives of the organic production policy are embedded in the objectives of the cap to the extent that support is provided to farmers to enable them to comply with the organic production rules . in addition , the growing consumer demand for organic products creates conditions for further development and expansion of the market in those products .


### in order to ensure the integrity of organic production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 amending or supplementing the rules set out in annex iii . ### in order to ensure the integrity of organic production and adaptation to technical developments , the commission shall be empowered to adopt delegated acts in accordance with article 36 supplementing the rules set out in points 2 , 3 , 4 and 6 of annex iii .


### 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 .


### ' genetically modified organism ' means a genetically modified organism as defined in point of article 2 of directive 2001 / 18 / ec of the european parliament and of the council43 which is not obtained through the techniques of genetic modifications listed in annex i . b to that directive , hereinafter referred to as ‘ gmo ' ; __________________ 43 directive 2001 / 18 / ec of the european parliament and of the council of 12 march 2001 on the deliberate release into the environment of genetically modified organisms and repealing council directive 90 / 220 / eec . ### ' genetically modified organism ' means a genetically modified organism as defined in directive 2001 / 18 / ec of the european parliament and of the council43 , hereinafter referred to as ‘ gmo ' ; __________________ 43 directive 2001 / 18 / ec of the european parliament and of the council of 12 march 2001 on the deliberate release into the environment of genetically modified organisms and repealing council directive 90 / 220 / eec .


### in order to ensure fair competition among operators , the traceability of the imported products intended to be placed on the market within the union as organic or the transparency of the recognition and supervision procedure for control authorities and control bodies within the context of import of compliant organic products , and in order to ensure the management of the list of third countries recognised for the purpose of equivalence under regulation no 834 / 2007 , the power to adopt certain acts should be delegated to the commission in respect of the documents intended for customs authorities in third countries , in particular an organic export certificate , in electronic form wherever possible , the documents necessary for the purposes of import , also in electronic form wherever possible , the criteria for recognition or withdrawal of the recognition of control authorities and control bodies in the context of import of compliant organic products , and in respect of the information to be sent by third countries recognised under that regulation necessary for the supervision of their recognition and the exercise of that supervision by the commission , including on - the - spot examination . ### in order to ensure fair competition among operators , the traceability of the imported products intended to be placed on the market within the union as organic or the transparency of the recognition and supervision procedure for control authorities and control bodies within the context of import of compliant organic products , and in order to ensure the management of the list of third countries recognised for the purpose of equivalence , the criteria to be taken into account should relate to the contribution to climate change , energy wastage , decent pay terms for workers and remunerative prices for producers , and the fact that products should not be marketed in importing countries below their actual production costs . the power to adopt certain acts should be delegated to the commission in respect of the documents intended for customs authorities in third countries , in particular an organic export certificate , in electronic form wherever possible , the documents necessary for the purposes of import , also in electronic form wherever possible , the criteria for recognition or withdrawal of the recognition of control authorities and control bodies in the context of import of compliant organic products , and in respect of the information to be sent by third countries recognised under that regulation necessary for the supervision of their recognition and the exercise of that supervision by the commission , including on - the - spot examination .


### 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 .


### the experience with the scheme of control authorities and control bodies recognised as competent to carry out controls and issue certificates in third countries for the purpose of import of products providing equivalent guarantees shows that the rules applied by those authorities and bodies are different and could be difficult to be considered as equivalent to the respective union rules . furthermore , multiplication of control authorities and control bodies standards hampers adequate supervision by the commission . therefore that scheme of recognition of equivalence should be abolished . however , sufficient time should be given to those control authorities and control bodies so that they can prepare themselves for obtaining recognition for the purposes of import of products complying with union rules . ### the experience with the scheme of control authorities and control bodies recognised as competent to carry out controls and issue certificates in third countries for the purpose of import of products providing equivalent guarantees shows that the rules applied by those authorities and bodies are different and could be difficult to be considered as equivalent to the respective union rules . furthermore , multiplication of control authorities and control bodies standards hampers adequate supervision by the commission . however , sufficient time should be given to those control authorities and control bodies so that they can prepare themselves for obtaining recognition for the purposes of import of products complying with union rules .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive no later than 5 years after the date of entry into force of this directive . the member states shall immediately communicate to the commission the text of those provisions . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive no later than two years after the date of entry into force of this directive . the member states shall immediately communicate to the commission the text of those provisions .


### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination , unless the passenger is explicitly informed otherwise in writing . such information shall in particular state that when the passenger misses a connection , he or she would not be entitled to assistance or compensation based on the total length of the journey . the burden of proof that the information was provided shall lie with the railway undertaking , its agent , tour operator or ticket vendor . ### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . railway undertakings and , where possible , ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility .


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### where there is no ticket office or accessible ticketing machine in the station of departure , passengers shall be permitted to buy tickets on board the train at no extra cost .


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking and shall clearly indicate if the prices of those through - tickets vary from the accumulated price of tickets bought from the operators separately .


### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ; ### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 3 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ;


### passengers shall be entitled to take bicycles on board the train , where appropriate for a reasonable fee . they shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers , mobility equipment , luggage or rail operations . the carriage of bicycles may be refused or restricted for safety or operational reasons , provided that railway undertakings , ticket vendors , tour operators and , where appropriate , station managers inform passengers of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take bicycles , whether assembled or not , free of charge on board the train , including on high - speed , long - distance and cross - border trains . all trains shall be equipped with a well - indicated , dedicated space for the carriage of at least 8 assembled bicycles . railway undertakings , ticket vendors , tour operators and , where appropriate , station managers shall inform passengers of the conditions for bicycle carriage on all services in accordance with regulation no 454 / 2011 .


### articles 5 , 10 , 11 and 25 and chapter v shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with points and of paragraph 2 . ### articles 5 , article 10 to , articles 11 and 25 and chapter v shall apply to all rail passenger services referred to in paragraph 1 of this article , including services exempted in accordance with points , and of paragraph 2 of this article .


### 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 .


### 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 .


### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information . ### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information .


### mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner , without having to use judicial proceedings which can be lengthy and costly . therefore , providers of online intermediation services should facilitate mediation by , in particular , identifying mediators with which they are willing to engage . mediators which provide their services from a location outside the union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under union law or the law of the member states , including the requirements of this regulation and the applicable law regarding protection of personal data and trade secrets . in order to be accessible , fair , and as swift , efficient and effective as possible , those mediators should meet certain set criteria . ### mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner , without having to use judicial proceedings which can be lengthy and costly . therefore , providers of online intermediation services should facilitate mediation by , in particular , identifying mediators with which they are willing to engage . under no circumstances may access be given to the mediators which provide a service from a location outside the union if the mediators do not guarantee that the use of their services does not in any way deprive the business users concerned of any legal protection offered to them under union law or the law of the member states , including the requirements of this regulation and the applicable law regarding protection of personal data and trade secrets in order to be accessible , fair , and as swift , efficient and effective as possible , those mediators should meet certain set criteria .


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation lays down rules to ensure that business users of online intermediation services are granted appropriate transparency and effective redress possibilities .


### 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 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 company shall also be able to change the situation or reasons which prompted the decision by the online platform .


### this regulation shall apply to online intermediation services and online search engines provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services . ### this regulation shall apply to online intermediation services provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned with a statement of reasons for that decision and a clear indication of the date that the suspension or termination will take effect .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### 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 .


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out the objective , clear and transparent grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users .


### the ability to access and use data , including personal data , can enable important value creation in the online platform economy . accordingly , it is important that providers of online intermediation services provide business users with a clear description of the scope , nature and conditions of their access to and use of certain categories of data . the description should be proportionate and might refer to general access conditions , rather than an exhaustive identification of actual data , or categories of data , in order to enable business users to understand whether they can use the data to enhance value creation , including by possibly retaining third - party data services . processing of personal data should comply with regulation 2016 / 679 of the european parliament and of the council . 24 . _________________ 24 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### the ability to access and use data , including personal data , can enable important value creation in the online platform economy . accordingly , it is important that providers of online intermediation services provide business users with a clear description of the scope , nature and conditions of their access to and use of certain categories of data . the description should be proportionate and might refer to general access conditions , rather than an exhaustive identification of actual data , or categories of data , in order to enable business users to understand whether they can use the data to enhance value creation , including by possibly retaining third - party data services . processing of personal data should comply with regulation 2016 / 679 of the european parliament and of the council . 24 at all events , businesses should be able to make use of data obtained through the provision of services for their own commercial purposes . _________________ 24 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services could bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


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


### their mediation services are affordable for an average business user of the online intermediation services concerned ; ### their mediation services are financially and technically accessible for an average business user of the online intermediation services concerned ;


### they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent ; ### they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent , which group must consist of at least 10 independent business users or corporate website users ;


### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ' online search engine ' means a digital service , including inter alia digital interfaces and applications , including mobile applications with search functionality that allows users to perform searches on any subject in the form of a keyword , phrase or other input , and returns results in which information related to the requested content can be found ;


### organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation . ### after all the other options to settle a dispute between a platform and a business user provided for in this regulation in article 9 and article 10 have been exhausted , organisations and associations that have a genuine long - standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate member state public bodies , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation .


### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs . ### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case .


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


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


### 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 .


### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs . ### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand including whether the case was brought in good faith with a reasonable prospect of success . to that aim , the mediator should suggest which proportion is reasonable in the individual case .


### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . for the avoidance of doubt , any obligation on online search engines to ensure that the description of the main parameters determining ranking is kept up to date shall not require online search engines to reveal any trade secrets as defined in article 2 of directive 2016 / 943 . _________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure .


### they are of a non - profit making character . ### they are of a non - profit making character and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail ;


### providers of online search engines shall set out for corporate website users the main parameters determining ranking , by providing an easily and publicly available description , drafted in clear and unambiguous language on the online search engines of those providers . they shall keep that description up to date . ### providers of online search engines shall set out for corporate website users the main parameters determining ranking , by providing an easily and publicly available description , drafted in clear and unambiguous language on the online search engines of those providers . they shall keep that description up to date with regard to material changes that can reasonably be expected to affect corporate website users in a non - negligible and negative manner


### providers of online intermediation services shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint - handling system . ### providers of online intermediation services shall provide an annual report on the use of their internal complaint handling systems , outline the main types of problems businesses may face when using the online intermediation service .


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services shall provide an easily available description of the main parameters determining ranking . where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned , that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking .


### they are properly constituted according to the law of a member state ; ### they are properly constituted according to the law of a member state and hold a current qualified entity licence issued by the relevant public body of that member state ;


### 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 .


### ' ranking ' means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ; ### ' ranking ' means the relative prominence in search results given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ;


### in member states where such public bodies have been set up , those public bodies shall have the right referred to in paragraph 1 , where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this regulation , in accordance with the national law of the member state concerned . ### in member states where such public bodies have been set up , those public bodies shall have the right referred to in paragraph 1 , and shall be entitled to issue the required licence to an organisation or association , where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this regulation , in accordance with the national law of the member state concerned .


### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 . ### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 nor any other business sensitive information , disclosure of which could undermine the provider’s competitive advantage . providers of online intermediation services and providers of online search engines shall also not be required to disclose any information that would be likely to facilitate either the manipulation of results or the deception of consumers .


### growing interdependency between labour markets calls for reinforced cooperation between employment services to bring about freedom of movement for all workers through voluntary and fair labour mobility within the union in accordance with article 46 of the treaty , and therefore a common framework for cooperation should be established between member states and the commission on labour mobility within the union . this framework should bring together job vacancies from across the union and the possibility of applying for those job vacancies , define the provision of related support services to workers and employers and provide for a common approach to share information necessary to facilitate said co - operation . ### growing interdependency between labour markets calls for reinforced cooperation between employment services to bring about freedom of movement for all workers through voluntary and fair labour mobility within the union in accordance with article 46 of the treaty , and therefore a common framework for cooperation should be established between member states and the commission on labour mobility within the union . this framework should bring together job vacancies from across the union and the possibility of applying for those job vacancies , define the provision of related support services to workers and employers and provide for a common approach to share information necessary to facilitate said co - operation . voluntary and fair labour mobility can only be achieved , however , by establishing demanding minimum social standards harmonised across the whole of the eu and a european minimum wage .


### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order , a referral or as a result of proactive measures pursuant to articles 4 , 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for : ### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order or as a result of additional measures pursuant to articles 4 and 6 and related user data removed as a consequence of the removal of the terrorist content and which is necessary for :