### the agency should encourage member states and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity . in particular , service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the security , including cybersecurity , of their products and services . ### the agency should encourage member states , hardware and software manufacturers and ict and on - line service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal it security . in particular , service providers and product manufacturers should withdraw or recycle products and services that do not meet it security standards . in cooperation with competent authorities , enisa may disseminate information regarding the level of it security of the products and services offered in the internal market , and issue warnings targeting providers and manufacturers and requiring them to improve the it security of their products and services . the agency should work with stakeholders to develop a union - wide approach to the responsible disclosure of vulnerabilities and should promote best practice in this area .


### the agency shall undertake the tasks assigned to it by this regulation for the purpose of contributing to a high level of cybersecurity within the union . ### the agency shall undertake the tasks assigned to it by this regulation for the purpose of achieving a high level of it security within the union .


### in view of the above , it is necessary to establish a european cybersecurity certification framework laying down the main horizontal requirements for european cybersecurity certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard . ### in view of the above , it is necessary to establish a harmonised european it security certification framework laying down the main horizontal requirements for european it security certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national it security certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard .


### by the way of derogation from paragraph 3 , in duly justified cases a particular european cybersecurity scheme may provide that a european cybersecurity certificate resulting from that scheme can only be issued by a public body . such public body shall be one of the following : ### by the way of derogation from paragraph 3 , and only in duly justified cases , a particular european cybersecurity scheme may provide that a european cybersecurity certificate resulting from that scheme can only be issued by a public body . such public body shall be a body that is accredited as conformity assessment body pursuant to article 51 . the natural or legal person which submits its ict products or services to the certification mechanism shall make available to the conformity assessment body referred to in article 51 with all information necessary to conduct the certification procedure .


### the agency shall promote cooperation and coordination at union level among member states , union institutions , agencies and bodies , and relevant stakeholders , including the private sector , on matters related to cybersecurity . ### the agency shall promote cooperation and coordination at union level among member states , union institutions , agencies and bodies , and relevant stakeholders , including the private sector , consumer organizations and other civil society organisations , on matters related to it security .


### preparing the agency’s draft statement of estimates of revenue and expenditure and implementing its budget . ### preparing the agency’s draft statement of estimates of revenue and expenditure and implementing its budget , as part of the agency’s programming document .


### the term of office for members and their alternates shall be four years . that term shall be extendable . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced . ### the term of office for members and their alternates shall be four years . that term shall be renewable once . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced .


### the objectives of the agency shall be to increase and disseminate knowledge to assist the commission , other eu institutions and bodies , member states and social partners in shaping and implementing policies aimed at the improvement of living and working conditions , in supporting employment policies and in promoting the dialogue between management and labour . ### the objectives of the agency shall be to contribute to the planning and establishment of better living and working conditions . for this objective , it shall increase and disseminate knowledge and research - based policy advice to assist the eu institutions and bodies , member states , regions and social partners in shaping and implementing policies aimed at the improvement of living and working conditions , in supporting employment policies and in promoting the dialogue between management and labour .


### the executive director shall manage the agency . the executive director shall be accountable to the management board . ### the executive director shall manage the agency . the executive director shall be accountable to the management board . the executive director shall exercise , with respect to the staff of the agency , the powers conferred by the staff regulations on the appointing authority and by the conditions of employment of other servants on the authority empowered to conclude a contract of employment .


### members of the management board and their alternates shall be appointed in light of their knowledge in the field of social and work - related policies , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board’s work . all parties shall aim to achieve a balanced representation between men and women on the management board . ### members of the management board and their alternates shall be appointed in light of their knowledge in the field of social and work - related policies , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board’s work . all parties shall aim to achieve a balanced representation between men and women on the management board . if the gender balance is highly disproportionate , i . e . less than 30% of one gender are represented on the management board , all appointing parties are required to suggest different representatives .


### the european foundation for the improvement of living and working conditions was established by regulation no 1365 / 753 to contribute to the planning and establishment of better living and working conditions through action designed to increase and disseminate knowledge likely to assist this development . _________________ 3 regulation no 1365 / 75 of the council of 26 may 1975 on the creation of a european foundation for the improvement of living and working conditions . ### the european foundation for the improvement of living and working conditions was established by regulation no 1365 / 753 to contribute to the planning and establishment of better living and working conditions through action designed to increase and disseminate knowledge likely to assist this development . eurofound should provide policy makers with expertise at union , national and regional level , including the social partners and civil society organisations . _________________ 3 regulation no 1365 / 75 of the council of 26 may 1975 on the creation of a european foundation for the improvement of living and working conditions .


### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefit and global commitments to implement the un sdgs . international cooperation should aim to strengthen the union ' s research and innovation excellence , attractiveness and economic and industrial competitiveness , to tackle global challenges , as embodied in the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions should be followed , including through appropriate eligibility for funding of entities established in low to middle income countries . at the same time , association of third countries to the programme should be promoted . ### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefits and global commitments to implement the un sdgs and the paris agreement . international cooperation should aim to strengthen the union ' s excellence in research and innovation , in particular eco - innovation , attractiveness and economic and industrial sustainability and competitiveness , to tackle global societal challenges , as embodied in the paris agreement and the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions including with low - and middle income countries , should be followed , including through appropriate eligibility for funding of entities . at the same time , association of third countries to the programme should be promoted .


### the programme ' s general objective is to deliver scientific , economic and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , and contribute to tackling global challenges , including the sustainable development goals . ### the programme ' s general objective is to deliver scientific , economic , climate and societal impact from the union ' s investments in research and innovation so as to strengthen the scientific and technological bases of the union and foster its competitiveness , including in its industry , deliver on the union strategic priorities , commitments and contribute to tackling global societal challenges , embodied by the sustainable development goals and in the paris agreement .


### it is the union ' s objective to strengthen its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities to deliver on the union ' s strategic priorities , which ultimately aim at promoting peace , the union ' s values and the well - being of its peoples . ### it is the union ' s objective to strengthen its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities deemed appropriate to support the implementation of other union policies and the honouring of the union ' s international commitments , in particular in the paris agreement , the addis ababa action agenda and the un ' s 2030 agenda , with the sustainable development goals targets 3b , 9 . 5 and 17 . 6 - 17 . 9 , to deliver on the union ' s strategic priorities , which ultimately aim at promoting peace , tackling climate change , sustainable development as embodied by the sdgs , the union ' s values , and the well - being of its peoples .


### to deliver scientific , economic and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies , to support the uptake of innovative solutions in industry and society to address global challenges and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area . ### to deliver scientific , economic , climate and societal impact in pursuit of this general objective , the union should invest in research and innovation through horizon europe - a framework programme for research and innovation 2021 - 2027 to support the creation and diffusion of high - quality knowledge and technologies , to strengthen the impact of research and innovation in developing , supporting and implementing union policies and commitments , to support the uptake of innovative solutions in industry and society to improve people’s well - being and to address global challenges , notably the un sustainable development goals and the paris agreement on climate change and promote industrial competitiveness ; to foster all forms of innovation , including breakthrough innovation , and strengthen market deployment of innovative solutions ; and optimise the delivery of such investment for increased impact within a strengthened european research area .


### 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 requirement to disclose ranking parameters should be without prejudice to directive 2016 / 943 of the european parliament and of the council23 while taking into account the provisions on lawful acquisition , use and disclosure , 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 should not involve requiring 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 .


### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ; ### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services or online search engines concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ;


### 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 the parameters determining ranking of all indexed websites and the reasons for the relative importance of those parameters , 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 . by exception , in cases where the disclosure of all parameters would be against fair , reasonable and proportionate practices , only main parameters shall be always presented in detail .


### in order to facilitate the settlement of disputes relating to the provision of online intermediation services using mediation in the union , the commission should encourage the setting up of specialised mediation organisations , which are currently lacking . the involvement of mediators having specialist knowledge of online intermediation services and online search engines as well as of the specific industry sectors within which those services are provided should add to the confidence both parties have in the mediation process and should increase the likelihood of that process leading to a swift , just and satisfactory outcome . ### in order to facilitate the settlement of disputes relating to the provision of online intermediation services using mediation in the union , member states should set up specialised mediation organisations , which are currently lacking . the involvement of mediators having specialist knowledge of online intermediation services and online search engines as well as of the specific industry sectors within which those services are provided should add to the confidence both parties have in the mediation process and should increase the likelihood of that process leading to a swift , just and satisfactory outcome .


### 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 set out in their terms and conditions the parameters determining ranking and the reasons for the relative importance of those parameters .


### ' corporate website user ' means any natural or legal person which uses websites to offer goods or services to consumers for purposes relating to its trade , business , craft or profession ; ### ' corporate website user ' means any natural or legal person which uses websites or otherwise connected means to offer goods or services ;


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


### whether , in addition to point , a business user has access to personal data or other data , or both , including in aggregated form , provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof , and if so , to which categories of such data and under what conditions . ### whether , in addition to point , a business user has access to personal data or other data , or both , including in aggregated form , provided by or generated through the provision of the online intermediation services or online search engines to all of the business users and consumers thereof , and if so , to which categories of such data and under what conditions .


### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union’s internal market in today’s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws . ### online intermediation services and online search engines , as well as the transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union’s internal market in today’s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws .


### ' 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 by online search engines , as presented , organised or communicated 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 ;


### 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 . where the suspension or termination results from a third party notification , the contents of said notification shall be included in the statement of reasons .


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


### 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 . ### where those 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 .


### the commission shall encourage providers of online intermediation services as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in article 10 , for the specific purpose of facilitating the out - of - court settlement of disputes with business users arising in relation to the provision of those services , taking particular account of the cross - border nature of online intermediation services . ### member states shall set up one or more organisations providing mediation services which meet the requirements specified in article 10 , for the specific purpose of facilitating the out - of - court settlement of disputes with business users arising in relation to the provision of those services , taking particular account of the cross - border nature of online intermediation services .


### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law . ### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days . by way of exception and subject to clear provisions of terms and conditions that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law .


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


### through the description referred to in paragraph 1 , providers of online intermediation services shall adequately inform business users at least of the following : ### through the description referred to in paragraph 1 , providers of online intermediation services or online search engines shall adequately inform the public at least of the following :


### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment within the internal market by ensuring , in particular , that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines . at the same , those rules should be such as to safeguard the important innovation potential of the wider online platform economy . ### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment . they should promote fair and proportionate business behaviour by ensuring , in particular , that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for transparency as regards the ranking of corporate website users , especially in the search results generated by online search engines , including voice assistants . at the same time , those rules should be such as to safeguard the important innovation potential of the wider online platform economy and allow for a healthy competition . in line with the development of the sector , the european commission should examine the reinforcement of the transparency and fairness provisions set in this regulation either by sector specific legislation or a review of this regulation .


### ‘ 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 that allows users to input queries and 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 output in which information related to the requested content can be found ;


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a proportionate and transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . when displaying the results , the online intermediation service should also disclose close to each product or service to which it gave differentiated treatment , in a well recognisable manner whether it has been influenced against direct or indirect remuneration , contractual or direct ownership relationship .


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


### 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 . 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 2018 / 33422 . in some cases , the decision of the provider of an online intermediation service is based on notifications by third parties . these notifications can be abused by competitors . commission recommendation 2018 / 334 requires such notifications to be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed and diligent decision in respect of the content to which the notice relates . providers of online intermediation services should therefore be required to pass on the contents of the notification to the business user in cases where a decision to suspend or terminate the provision of its services following a notification from a third party , in order to allow the business user to easily refute obviously wrongful notices . 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 . wherever possible a proportionate and gradual system should be put in place , including prior and timely notification before taking measures that will result in severing the access of the business to its customers . _________________ 22 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


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


### 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 . 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 benefit to the consumers of the specific online intermediation services . when displaying the results , the online intermediation service should also disclose close to each ranking whether it has been influenced against direct or indirect remuneration , contractual or direct ownership relationship . in some cases , providers of online intermediation services may decide to influence the ranking in a specific case or remove a product or service from a ranking based on notifications by third parties . in these cases , the business user should be notified and the online intermediation service should also include the specific grounds and circumstances leading to the decision , as well as the contents of the notice , in order to allow the business user to easily refute obviously wrongful notices .


### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union . ### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 . however , considering the quick pace of innovation , the interpretation of the term should be made in the widest possible meaning . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union .


### ' corporate website user ' means any natural or legal person which uses websites to offer goods or services to consumers for purposes relating to its trade , business , craft or profession ; ### ' corporate website user ' means any natural or legal person which uses websites or otherwise connected means to offer goods or services ;


### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . ### the notice period set out in paragraph 3 shall not apply : where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 ; if the terms and conditions have been modified in order to protect the legitimate interests of users and consumers or the operation of the online intermediation service as such ; or if a modification to the functionality , interoperability or other main performance features of the platform is necessary to protect the legitimate interests of users and consumers or the operation of the online intermediation service as such .


### 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 requirement to disclose ranking parameters should be without prejudice to directive 2016 / 943 of the european parliament and of the council23 while taking into account the provisions on lawful acquisition , use and disclosure , 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 should not involve requiring 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 .


### 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 . ### this article shall be without prejudice to directive 2016 / 943 .


### 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 and corporate website users in relation to online and connected search engines are granted appropriate fairness transparency and effective redress possibilities .


### ' terms and conditions ' means all terms , conditions , clauses and other information , irrespective of their name or form , which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services . ### ' terms and conditions ' means the terms , conditions and clauses which govern the contractual relationship between the provider of online intermediation services and their business users .


### 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 publicly accessible description of the parameters of material importance for an adequate understanding of how the ranking of all indexed websites is determined , 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 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 . the requirement to disclose ranking parameters should be without prejudice to directive 2016 / 943 of the european parliament and of the council , taking into account its provisions on lawful acquisition , use and disclosure . 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 .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . in those cases , the authority should hear the member states as well as the persons concerned to ensure it has a full picture of the situation . the authority should mainly deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should primarily continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . when , however , the authority , following a prima facie assessment , considers it would be better to directly deal with the case concerned , it should do so . upon its own initiative or at the request of a person concerned , the solvit network refer to the authority for its consideration cases brought to their attention in which the problem is not being solved , for example due to differences between national administrations or when no solution has been provided to the person concerned in due time . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , and two representatives of the commission . ### the stakeholder group shall be composed of eight representatives of union - level social partners equally representing trade unions and employer’s organisations , four representatives of relevant civil society organisations , one representative of the ilo and two representatives of the commission .


### support member states in streamlining the provision of information and services to individuals and employers pertaining to cross - border mobility on a voluntary basis , while fully respecting member states ' competences . ### support member states in streamlining the provision of information and services to individuals and employers pertaining to cross - border mobility .


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes , gaps and inconsistencies in the areas of labour mobility and social security coordination as well as other related areas , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### an agreement for setting up a joint inspection between the participating member states and the authority shall set out the conditions for carrying out such an exercise . the joint inspection agreement may include provisions which enable joint inspections , once agreed and planned , to take place at short notice . the authority shall establish a model agreement . ### an agreement for setting up a concerted or joint inspection between the participating member states and the agency shall set out the conditions for carrying out such an exercise . the joint inspection agreement may include provisions which enable joint inspections , once agreed and planned , to take place at short notice . the agency shall establish a model agreement .


### the translation services required for the functioning of the authority shall be provided by the translation centre of the bodies of the european union . ### the translation services required for the functioning of the authority shall be provided by the translation centre of the bodies of the european union or where duly justified by other translation services .


### the authority shall improve the availability , quality and accessibility of information offered to individuals and employers to facilitate labour mobility across the union , in accordance with regulation 589 / 2016 on eures and regulation [ single digital gateway – com256 ] . to that end , the authority shall : ### the authority shall improve the availability , quality and accessibility of information offered to individuals and employers to facilitate mobility across the union , in accordance with regulation 589 / 2016 on eures and regulation [ single digital gateway – com256 ] . to that end , the authority shall :


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes , gaps and inconsistencies in the areas of mobility and social security coordination as well as other related areas , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services ; ### facilitate access for individuals and employers to information , support and counselling on their rights and obligations as well as to all relevant services ;


### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . it should also help the coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community . ### the authority should contribute to facilitating the free movement of workers governed by regulation no 492 / 2011 of the european parliament and of the council39 , directive 2014 / 54 / eu of the european parliament and the council40 and regulation 2016 / 589 of the european parliament and the council41 . it should facilitate the posting of workers governed by directive 96 / 71 / ec of the european parliament and the council42 and directive 2014 / 67 / eu of the european parliament and the council43 , including by supporting the enforcement of those provisions implemented through universally applicable collective agreements in line with the practices of member states . it should also contribute to facilitating the free movement of persons by helping the coordination of social security systems governed by regulation no 883 / 2004 of the european parliament and the council44 , regulation no 987 / 2009 of the european parliament and the council45 , regulation no 1231 / 2010 of the european parliament and the council46 ; as well as council regulation no 1408 / 7147 and council regulation no 574 / 7248 . __________________ 39 regulation no 492 / 2011 of the european parliament and of the council of 5 april 2011 on freedom of movement for workers within the union . 40 directive 2014 / 54 / eu of the european parliament and the council of 16 april 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers . 41 regulation 2016 / 589 of the european parliament and the council of 13 april 2016 on a european network of employment services , workers’ access to mobility services and the further integration of labour markets , and amending regulations no 492 / 2011 and no 1296 / 2013 . 42 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . 43 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . 44 regulation no 883 / 2004 of the european parliament and of the council of 29 april 2004 on the coordination of social security systems , . 45 regulation no 987 / 2009 of the european parliament and of the council of 16 september 2009 laying down the procedure for implementing regulation no 883 / 2004 on the coordination of social security systems , . 46 regulation no 1231 / 2010 of the european parliament and of the council of 24 november 2010 extending regulation no 883 / 2004 and regulation no 987 / 2009 to nationals of third countries who are not already covered by these regulations solely on the ground of their nationality . 47 council regulation no 1408 / 71 of 14 june 1971 on the application of social security schemes to employed persons , to self - employed persons and to members of their families moving within the community . 48 council regulation no 574 / 72 of 21 march 1972 laying down the procedure for implementing regulation no 1408 / 71 on the application of social security schemes to employed persons , to self - employed persons , and to their families moving within the community .


### the authority shall assist member states and the commission in matters relating to cross - border labour mobility and the coordination of social security systems within the union . ### the authority shall contribute to the consistent , efficient and effective application of european labour and social legislation as well as equal access to social security and adequate social protection for all persons using their free movement rights . the authority shall assist member states and the commission in matters relating to cross - border labour mobility and the coordination of social security systems within the union .


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states , the social partners , experts nominated by the european parliament , and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chairs , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers .


### provide relevant information to employers on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers ; ### in cooperation with the member states , provide workers , employers , jobseekers and social partners with relevant information on labour rules and working conditions , applicable in cross - border labour mobility situations relating to the free movement of workers and the posting of workers , as well as relevant information on labour laws and labour conditions in all member states . the information shall be provided in all official languages of the union through an up - to - date and accessible web portal ;


### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . __________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final . ### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . __________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final .


### the member states and the commission shall make efforts to limit the turnover of their representatives on the management board in order to ensure continuity of the board ' s work . all parties shall aim to achieve balanced representation between men and women on the management board . ### the member states and the commission shall make efforts to limit the turnover of their representatives on the management board in order to ensure continuity of the board ' s work . all parties shall achieve balanced representation between men and women on the management board .


### information on concerted and joint inspections shall be included in quarterly reports to be submitted to the management board . a yearly report on the inspections supported by the authority shall be included in the authority ' s annual activity report . ### information on concerted and joint inspections shall be included in quarterly reports to be submitted to the management board and to the stakeholder group . a yearly report on the inspections supported by the authority shall be included in the authority ' s annual activity report . this report shall include a list of cases in which member states refused to participate in a joint inspection .


### coordinate and support concerted and joint inspections , in accordance with articles 9 and 10 ; ### coordinate , assist and support concerted and joint inspections and checks , in accordance with articles 9 and 10 , in cooperation with the member states concerned


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall submit regularly a report of its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . the report shall be gender - mainstreamed and include a separate chapter on gender equality .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services and access to social rights and benefits . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or undeclared work and restrictions on rights and benefits , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate .


### facilitate cooperation and the exchange of information between national authorities with a view to the effective enforcement of relevant union law , in accordance with article 8 ; ### strengthen cooperation and the exchange of information with a view to the effective enforcement of relevant union law , in accordance with article 8 ;


### the individuals covered by the activities of the authority should be persons who are subject to the union law within the scope of this regulation , including workers , self - employed persons , jobseekers , and economically non - active persons ; this should cover both union citizens and third - country nationals who are legally resident in the union , such as posted workers , eu blue card holders , intra - corporate transferees or long - term residents , as well as their family members . ### the individuals covered by the activities of the authority should be persons who are subject to the union law within the scope of this regulation , including workers , self - employed persons , jobseekers , workers who pursue an activity as an employed person in two or more member states , and economically non - active persons ; this should cover both union citizens and third - country nationals as well as their family members .


### facilitate access to information by individuals and employers on rights and obligations in cross - border situations as well as access to cross - border labour mobility services , in accordance with articles 6 and 7 ; ### provide&#160 ; information to workers and employers on their rights and obligations in cross - border situations , on labour laws and conditions in all union member states through accessible ela web portal available in all official union languages , as well as provide cross - border labour mobility services , including advisory services for workers and employers , in accordance with articles 6 and 7 ;


### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level social partners . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 . ### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level social partners , the ilo and relevant civil society organisations . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 .