### 4. recognises the crucial role of trade policy during the covid-19 pandemic; reiterates its resolution of 10 june 2021 on ‘meeting the global covid-19 challenge: effects of waiver of the wto trips agreement on covid-19 vaccines , treatment , equipment and increasing production and manufacturing capacity in developing countries’; in this regard , stresses the need to outline a basic agreement on issues such as tariffs on pharmaceutical and medical goods , disciplines on export restrictions , transparency and global cooperation in times of crisis in a ministerial declaration in line with the trade & health initiative; believes that such an agreement is of utmost importance to show the relevance of the wto; calls for the establishment of a new committee on trade and health at mc12 in order to prepare guidelines on how governments can implement existing exceptions and flexibilities in international trade law and to lay the groundwork for a trade pillar for the negotiations on a future international treaty on pandemic response; calls on all wto members to revise the trips agreement in order to enhance affordable access to health products; calls on the eu to actively participate in text-based negotiations to achieve this; ### 4. recognises the crucial role of trade policy during the covid-19 pandemic; reiterates its resolution of 10 june 2021 on ‘meeting the global covid-19 challenge: effects of waiver of the wto trips agreement on covid-19 vaccines , treatment , equipment and increasing production and manufacturing capacity in developing countries’; in this regard , stresses the need to outline a basic agreement on issues such as tariffs on pharmaceutical and medical goods , disciplines on export restrictions , transparency and global cooperation in times of crisis in a ministerial declaration in line with the trade & health initiative; believes that such an agreement is of utmost importance to show the relevance of the wto; calls for the establishment of a permanent committee on trade and health at mc12 in order to prepare guidelines on how governments can implement existing exceptions and flexibilities in international trade law and to lay the groundwork for a trade pillar for the negotiations on a future international treaty on pandemic response; calls on all wto members to explore all the possibilities in order to enhance affordable access to health products; calls on the eu to actively participate in text-based negotiations to achieve this;


### 5. calls on all wto members to respect their commitments on transparency on agricultural subsidies; stresses the importance of adopting a work plan to tackle domestic support including a permanent solution on public stock holding with a mandatory system of notifications to ensure stockholding programmes are proportionate to the objective of food security and do not distort trade; stresses that the agreement on agriculture must be adapted to meet the challenges of the present day; ### 5. calls on all wto members to respect their commitments on transparency on agricultural subsidies; stresses the importance of adopting a work plan on domestic support including a permanent solution on public stock holding with a mandatory system of notifications to ensure stockholding programmes are proportionate to the objective of food security and do not distort trade; stresses that the agreement on agriculture must be adapted to meet the challenges of the present day and to ensure fairer conditions of competition by taking into account modes of production such as the use of pesticides and animal welfare;


### 7. strongly urges all wto members to fully engage and work on solutions to restore a fully functioning dispute settlement system as swiftly as possible; warns that without a functioning appellate body the wto is toothless and the tendency to breach multilateral agreements will only increase; strongly supports recent eu initiatives to conclude interim arrangements for provisional solutions with our major trade partners; recalls that a two level process should remain the core objective of the eu’s strategy; emphasises that successful reform will require engaging with the valid concerns of all parties involved and agreeing on a compromise solution; ### 7. strongly urges all wto members to fully engage and work on solutions to restore a fully functioning two-tiered dispute settlement system with fully functioning and independent appellate body as swiftly as possible; warns that without a functioning appellate body the wto is toothless and the tendency to breach multilateral agreements will only increase; strongly supports recent eu initiatives to conclude interim arrangements for provisional solutions with our major trade partners; recalls that a binding two level process should remain the core objective of the eu’s strategy; emphasises that successful reform will require engaging with the valid concerns of all parties involved and agreeing on a compromise solution;


### 1. identifies trade policy as a strategic geopolitical tool for the transatlantic agenda; highlights the need to identify joint actions based on shared interests and values in order to contribute to a global sustainable and inclusive economic recovery; stresses that ‘workers and wages’ and more resilient and responsible supply chains should be at the core of such an agenda; ### 1. identifies trade policy as a strategic geopolitical tool for the transatlantic agenda taking into account that our economic relations are also intertwined with our security interests; therefore welcomes the positive signals from the biden administration to strengthen bilateral relations with the eu , and calls for renewed cooperation that should bring lasting and concrete results in the years to come;


### a. whereas the us remains the eu’s closest strategic partner; ### a. whereas the us remains the eu’s closest and most important strategic partner;


### b. whereas the eu and the us share a fundamental interest in shaping the international environment; ### b. whereas the eu and the us share a fundamental interest in shaping the international environment , according to a shared worldview based on democracy , the rule of law , fundamental rights , and individual freedom;


### b. whereas the eu and the us share a fundamental interest in shaping the international environment; ### b. whereas the eu and the us share a fundamental interest in shaping the international order;


### c. whereas the election of joe biden as president of the united states and kamala harris as vice-president has created new opportunities to reset the transatlantic relationship; ### c. whereas the election of joe biden as president of the united states and kamala harris as vice-president has created new opportunities to revitalize the transatlantic relationship;


### f. whereas constructive dialogue is needed to address the transatlantic divergences; ### f. whereas constructive dialogue is needed to address the transatlantic differences;


### g. whereas , while pursuing transatlantic cooperation in areas of shared interest , the eu should also foster its strategic autonomy in defence and economic relations; ### g. whereas pursuing transatlantic cooperation in areas of shared interest is complementary to eu advance towards strategic autonomy in defence and economic relations as a means to strengthen the transatlantic bond and increase the joint leverage of the eu and the u.s. on the world scene;


### g. whereas , while pursuing transatlantic cooperation in areas of shared interest , the eu should also foster its strategic autonomy in defence and economic relations; ### g. whereas , while pursuing transatlantic cooperation in areas of shared interest , the eu should also foster its strategic autonomy and capacity in defence and economic relations;


### i. whereas both the eu and the us share a number of new common challenges such as the socio-economic impact of the pandemic , the promotion of global health , the climate emergency , the fight against global criminal networks , and the digital and green transformation as a means of sustainable modernisation; ### i. whereas both the eu and the us share a number of new common challenges such as combatting technology-enabled attacks and securing digital infrastructure , mitigating the socio-economic impact of the pandemic , promoting global health , addressing the climate emergency , fighting against global criminal networks , and advancing the digital and green transformation as a means of sustainable modernisation;


### 2. calls on the council , the commission and the vice-president of the commission / high representative of the union for foreign affairs and security policy (vp/hr) to reassert the continued relevance of the strategic transatlantic relationship for the rebuilding and reinvigorating of the multilateral rules-based international order , the global strengthening of democratic values , and the promotion of human rights , sustainable development and inclusive growth; ### 2. calls on the council , the commission and the vice-president of the commission / high representative of the union for foreign affairs and security policy (vp/hr) to reassert the continued relevance of the strategic transatlantic relationship for rebuilding and reinvigorating the multilateral rules-based international order , strengthening democracy worldwide , shaping the rules of the digital future according to shared transatlantic values , and promoting human rights , sustainable development and inclusive growth;


### 3. calls for a new transatlantic agenda that privileges multilateral cooperation for a healthier world , the fight against climate change , promotion of peaceful resolution of conflicts and reform of economic governance , by putting the fight against inequalities at its centre; ### 3. calls for a new transatlantic agenda that privileges cooperation on digital and technology issues , multilateral cooperation for a healthier world , the fight against climate change , promotion of peaceful resolution of conflicts and reform of economic governance , and the fight against inequalities;


### 5. calls for strengthened interparliamentary cooperation between members of the european parliament and members of congress in different thematic areas that could enable the exchange of best practices on global , but also on shared , domestic challenges , such as addressing economic and social inequality , protection of human rights and democratic standards , universal health coverage , legislative convergence on ai , responsibility of online platforms and a just transition towards climate neutrality; ### 5. calls for strengthened interparliamentary cooperation between members of the european parliament and members of congress in different thematic areas that could enable the exchange of best practices on global , but also on shared , domestic challenges , such as supporting innovation and education for the digital age , addressing economic and social inequality , protecting human rights and democratic standards , universal health coverage , legislative convergence on ai , technology , and online platforms , and a just transition towards climate neutrality;


### 7. emphasises that the announced return of the us to multilateralism provides an opportunity to re-engage with the us in repairing and rebuilding the transatlantic relationship and strengthening together the global rules-based order in the spirit of our shared democratic values; ### 7. emphasises that the announced return of the us to multilateralism and commitment to restore alliances provide an opportunity to re-engage with the us in repairing and rebuilding the transatlantic relationship and strengthening together the global rules-based order in the spirit of our shared democratic values;


### 11. finds it necessary to work together with the us on strengthening the multilateral trading system and reforming the world trade organization; ### 11. finds it necessary to work together with the us on strengthening the multilateral trading system and reforming the world trade organization , solving trade disputes and moving towards transatlantic free-trade;


### 12. believes that the eu should reaffirm together with the us the centrality of the sustainable development goals , or the 2030 agenda for sustainable development , as a framework for effective multilateral cooperation , involving also china; ### 12. believes that the eu should reaffirm together with the us the centrality of the sustainable development goals , or the 2030 agenda for sustainable development , as a framework for effective multilateral cooperation;


### 13. calls for enhanced coordination on the use of the human-rights sanctions mechanisms; ### 13. calls for enhanced coordination on the use of the human-rights sanctions mechanisms , the global magnitsky act , with corruption included among sanctioned crimes;


### 16. encourages the us to move towards the abolition of the death penalty , the reform of the criminal justice system , including through addressing systemic racism , and the end of all discrimination against lgbtqi persons; urges dialogue and exchange of best practices between the eu and us on promoting racial and gender equality; ### 16. encourages the us to move towards the abolition of the death penalty , the reform of the criminal justice system , including through addressing systemic racism , hate speech and the end of all discrimination against lgbtqi persons; urges dialogue and exchange of best practices between the eu and us on promoting racial and gender equality;


### 17. supports a rebalancing of the responsibilities in the transatlantic security relationship by fostering greater self-reliance for eu member states in matters of defence as a way to lessen the burden on the us; ### 17. supports a rebalancing of the responsibilities in the transatlantic security relationship by fostering greater self-reliance for the european union in matters of defence as a way to lessen the burden on the us; supports and calls for increased eu-u.s. cooperation in nato and in the development of interoperable and complementary military capabilities;


### 17. supports a rebalancing of the responsibilities in the transatlantic security relationship by fostering greater self-reliance for eu member states in matters of defence as a way to lessen the burden on the us; ### 17. emphasizes the importance for the eu member states to strive for a more balanced burden-sharing in the transatlantic security alliance;


### 18. considers it necessary to foster cooperation not only on traditional security threats , but also on new ones such as hostile foreign technological dominance , hybrid threats , disinformation and cybersecurity; ### 18. considers it necessary to foster cooperation not only on traditional security threats , but also on new ones such as hostile foreign technological dominance , hybrid threats , cyber-attacks , attacks on critical digital infrastructure such as 5g and intercontinental undersea cables;


### 19. supports the creation of the eu-us security and defence dialogue and calls on the vp/hr to launch it as soon as possible; ### 19. supports the ongoing cooperation within the framework of eu-nato cooperation and the complementary proposal of the eu-us security and defence dialogue;


### 20. stresses the common need to defend global democracy against rising authoritarianism , also within the transatlantic community , by , inter alia , fostering inclusive social and economic policies that address the root causes of inequalities and fighting extreme nationalist views that provide a fertile ground for far-right movements to thrive; ### 20. stresses the common need to defend global democracy against rising authoritarianism , also within the transatlantic community , by , inter alia , fostering inclusive social and economic policies that address the root causes of inequalities and fighting extreme political views that provide a fertile ground for far-right and far-left movements to thrive;


### 21. supports the proposal of president biden to hold a summit for democracy with like-minded democracies; ### 21. supports the proposal of president biden to hold a summit for democracy with like-minded democracies , strengthening democracy internally and globally , particularly increasing citizen participation in democratic governance , voicing concerns and seeking peaceful solution to ongoing crackdowns on democratic movements and protecting the human rights defenders , including environmental defenders , around the globe;


### 22. believes that the eu should engage more with the us in the western balkans and eastern europe in order to build resilient , prosperous , democratic multi-ethnic societies there , capable of resisting the disruptive influence of both local and external authoritarian forces; ### 22. believes that the eu should engage more with the us in eastern europe and the western balkans in order to build resilient , prosperous , democratic multi-ethnic societies there , capable of resisting the disruptive influence of both local and external authoritarian forces;


### 23. calls for a comprehensive eu-us dialogue on china that should address the areas of divergence , such as the comprehensive agreement on investments , and explore possibilities for eu-us cooperation with china in multilateral frameworks on common challenges , such as climate change; ### 23. calls for a comprehensive eu-us dialogue on china that should address and seek to find common ground on areas of divergence , such as the comprehensive agreement on investments , and explore possibilities for eu-us engagement with china in multilateral frameworks on global challenges , such as climate change;


### 24. underscores the need to explore areas of convergence and possible cooperation with the us on china , notably regarding the protection of human and minority rights , de-escalation of tensions in south-east asia , coordination of actions in the indo-pacific region , setting technological standards , protecting intellectual property rights and the fight against disinformation; supports closer coordination on these and other issues of common concern; ### 24. underscores the need to explore areas of convergence and possible cooperation with the us on china , notably regarding the protection of human and minority rights , de-escalation of tensions in south-east asia and protecting south-east asian democracies , coordination of actions in the indo-pacific region , setting global technological standards , securing critical infrastructure and supply chains for critical technology components , protecting intellectual property rights , fighting disinformation; supports closer coordination on these and other issues of common concern;


### 25. calls for close cooperation to jointly address the range of threats emanating from the russian federation , such as the continued destabilisation of ukraine and georgia , interferences in democratic processes in the eu and the us , hybrid threats and disinformation campaigns , while at the same pursuing selective cooperation in the areas of shared transatlantic interest , notably in the area of arms control; ### 25. calls for close cooperation and joint transatlantic response to russia's attempts to pressure , influence , destabilise and exploit the weaknesses and the democratic choices of western societies; calls for close cooperation to jointly address the range of threats emanating from the russian federation , such as the continued destabilisation of ukraine and georgia , interferences in democratic processes in the eu and the us , hybrid threats and disinformation campaigns , while at the same pursuing selective cooperation in the areas of shared transatlantic interest , notably in the area of arms control;


### 25. calls for close cooperation to jointly address the range of threats emanating from the russian federation , such as the continued destabilisation of ukraine and georgia , interferences in democratic processes in the eu and the us , hybrid threats and disinformation campaigns , while at the same pursuing selective cooperation in the areas of shared transatlantic interest , notably in the area of arms control; ### 25. calls for close cooperation to jointly address the range of threats emanating from the russian federation , such as the continued destabilisation of ukraine , republic of moldova and georgia , support for lukashenka's illegitimate rule and crimes against humanity in belarus , interferences in democratic processes in the eu and the us , hybrid threats and disinformation campaigns , while at the same pursuing selective cooperation in the areas of shared transatlantic interest , notably in the area of arms control;


### 25. calls for close cooperation to jointly address the range of threats emanating from the russian federation , such as the continued destabilisation of ukraine and georgia , interferences in democratic processes in the eu and the us , hybrid threats and disinformation campaigns , while at the same pursuing selective cooperation in the areas of shared transatlantic interest , notably in the area of arms control; ### 25. calls for close cooperation to jointly address the range of threats emanating from the russian federation , such as the territorial breaches of ukraine and georgia , the continued destabilization and interference in the republic of moldova , interferences in democratic processes in the eu and the us , hybrid , military and cyber threats and disinformation campaigns , while at the same pursuing selective engagement in the areas of shared transatlantic interest , notably in the area of arms control;


### (3) for the purposes of enhancing judicial cooperation and access to justice , legal acts of the union providing for communication between competent authorities , including union agencies and bodies , and between competent authorities and natural and legal persons , should be complemented by conditions for conducting such communication through digital means. ### (3) for the purposes of enhancing judicial cooperation and access to justice , legal acts of the union providing for communication between competent authorities , including union agencies and bodies , and between competent authorities and natural and legal persons , should be complemented by conditions for conducting such communication through digital means. member states should provide training for the staff of the competent authorities in order to ensure effective use of digital means.


### (3) for the purposes of enhancing judicial cooperation and access to justice , legal acts of the union providing for communication between competent authorities , including union agencies and bodies , and between competent authorities and natural and legal persons , should be complemented by conditions for conducting such communication through digital means. ### (3) for the purposes of enhancing judicial cooperation and access to justice , legal acts of the union providing for communication between competent authorities , including union agencies and bodies , and between competent authorities and natural and legal persons , should be complemented by conditions for conducting such communication through digital means and training courses for competent authorities and citizens on how to use the decentralized it system.


### (5) it is important that appropriate channels are developed to ensure that justice systems can efficiently cooperate digitally. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data among competent authorities. ### (5) it is important that appropriate channels and tools are developed in consultation with members of the legal professions who will use them to ensure that justice systems can efficiently cooperate digitally. therefore , it is essential to establish , at union level , a harmonized information technology instrument that allows swift , direct , interoperable , reliable , accessible and secure cross-border electronic exchange of case related data among competent authorities.


### (11) the decentralised it system should be comprised of the back-end systems of member states and the union agencies and bodies , and interoperable access points , through which they are interconnected. the access points of the decentralised it system should be based on e-codex. ### (11) the decentralised it system should be comprised of the back-end systems of member states and the union agencies and bodies , and interoperable access points , through which they are interconnected. the access points of the decentralised it system should be based on e-codex , and should be in compliance with accessibility requirements set out in article 42(1) of the directive 2014/24/eu and article 60(1) of directive 2014/25/eu.


### (12) for the purposes of this regulation , member states should be able to use instead of a national it system , a commission-developed software (reference implementation software). the commission should be responsible for the creation , maintenance and development of this reference implementation software in accordance with the principles of data protection by design and by default. the commission should design , develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in regulation (eu) 2018/1725 of the european parliament and of the council34 and regulation (eu) 2016/679 of the european parliament and of the council35 , in particular the principles of data protection by design and by default as well as high level of cybersecurity. the reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures. ### (12) for the purposes of this regulation , member states should be able to use the commission-developed software (reference implementation software) , for harmonisation purposes , instead of a national it system. the commission should be responsible for the creation , maintenance , accessibility and development of this reference implementation software in accordance with the principles of data protection by design and by default. the commission should design , develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in regulation (eu) 2018/1725 of the european parliament and of the council34 and regulation (eu) 2016/679 of the european parliament and of the council35 , in particular the principles of data protection by design and by default as well as high level of cybersecurity. the reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures.


### (13) in order to provide swift , secure and efficient assistance to applicants , written communication between competent authorities , such as courts and central authorities established under council regulation (ec) 4/200936 and council regulation (eu) 2019/111137 , should , as a rule , be carried out through the decentralised it system. in exceptional cases , other means of communication may be used if those are found to be more appropriate for the purposes of ensuring flexibility. however , the decentralised it system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in annex i and annex ii to this regulation. ### (13) in order to provide swift , secure and efficient assistance to applicants , written communication between competent authorities , such as courts and central authorities established under council regulation (ec) 4/200936 and council regulation (eu) 2019/111137 , should , as a rule , be carried out through the decentralised it system. in exceptional cases , other means of communication may be used if those are found to be more appropriate or efficient for the purposes of ensuring flexibility. however , the decentralised it system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in annex i and annex ii to this regulation.


### (14) transmission through the decentralised it system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable , such as the transmission of physical/material evidence. where the decentralised it system is not used , communication should be carried out by the most appropriate alternative means. such alternative means should entail , inter alia , transmission being performed as swiftly as possible and in a secure manner by other secure electronic means or by postal service. ### (14) transmission through the decentralised it system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable , such as the transmission of physical/material evidence. where the decentralised it system is not used , communication should be carried out by the most appropriate alternative means. such alternative means should entail , inter alia , transmission being performed as swiftly as possible and in a secure manner by other secure electronic means , by postal service or by transmission in person where such transmission is possible.


### (17) for the purpose of facilitating access of natural and legal persons to the competent authorities , this regulation should establish an access point at union level (european electronic access point) , as part of the decentralised it system through which natural and legal persons should be able to file claims , launch requests , send and receive procedurally relevant information and communicate with the competent authorities , for cases covered by this regulation. the european electronic access point should be hosted on the european e-justice portal , which serves as a one-stop-shop for judicial information and services in the union. ### (17) for the purpose of facilitating access of natural and legal persons to the competent authorities , this regulation should establish an access point at union level (european electronic access point) , as part of the decentralised it system through which natural and legal persons should be able to file claims , launch requests , send and receive procedurally relevant information and communicate with the competent authorities , for cases covered by this regulation. the european electronic access point should be hosted on the european e-justice portal , which serves as a one-stop-shop for judicial information and services in the union.


### (18) member states should be responsible for the establishment , maintenance and development of national electronic portals (national it portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in annex i. ### (18) member states should be responsible for the establishment , maintenance and development of national electronic portals (national it portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in annex i , as well as for the training of competent authorities and citizens involved in a cross border judicial procedure that uses the decentralised it system.


### (18) member states should be responsible for the establishment , maintenance and development of national electronic portals (national it portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in annex i. ### (18) member states should be responsible for the establishment , development of national electronic portals (national it portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in annex i and the training of staff for the use of the portals.


### (24) for the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the union legal acts in civil and commercial matters , electronic payment of fees should be possible in an online environment by payment methods widely available throughout the union , such as credit cards , debit cards , e-wallet and bank transfers. ### (24) for the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the union legal acts in civil and commercial matters , electronic payment of fees should be possible in an online environment by accessible payment methods widely available throughout the union , such as credit cards , debit cards , e-wallet and bank transfers.


### 2. where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised it system , the nature of the transmitted material or exceptional circumstances , the transmission shall be carried out by the swiftest , most appropriate alternative means , taking into account the need to ensure a secure and reliable exchange of information. ### 2. where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised it system , the nature of the transmitted material or exceptional circumstances or where such electronic communication is otherwise inappropriate on account of the specific circumstances of the case , as assessed by the national competent authorities , the transmission shall be carried out by the swiftest , most appropriate alternative means , taking into account the need to ensure a secure and reliable exchange of information.


### 1. a european electronic access point shall be established on the european e-justice portal , to be used for electronic communication between natural or legal persons and competent authorities in cases falling under the scope of the legal acts listed in annex i. ### 1. a european electronic access point shall be established on the european e-justice portal , to be used for electronic communication between natural or legal persons and competent authorities in cases falling under the scope of the legal acts listed in annex i. that european electronic access point shall be such as to meet the accessibility requirements set out in annex i to directive (eu) 2019/882 of the european parliament and of the council1a.


### 2. the commission shall be responsible for the technical management , development , maintenance , security and support of the european electronic access point. ### 2. the commission shall be responsible for the technical management , development , accessibility , maintenance , security and support of the european electronic access point.


### 1. written communication between natural or legal persons and competent authorities falling within the scope of the legal acts listed in annex i , may be carried out by the following electronic means: ### 1. written communication between natural or legal persons , members of the legal professions and competent authorities falling within the scope of the legal acts listed in annex i , may be carried out by the following electronic means:


### 2. competent authorities shall communicate with natural and legal persons through the european electronic access point , where that natural or legal person gave prior express consent to the use of this means of communication. ### 2. competent authorities shall communicate with natural and legal persons through the european electronic access point , where that natural or legal person gave prior express consent to the use of this means of communication , and that means of communication is accessible to any person with a disability.


### such technology is available , and ### deleted


### such technology is available , and ### such technology is available , and meets the accessibility requirements set out in annex i to directive (eu) 2019/882 , and


### 2. member states shall provide for technical means allowing the payment of the fees referred to in paragraph 1 through the european electronic access point. ### 2. member states shall provide for technical and accessible means allowing the payment of the fees referred to in paragraph 1 through the european electronic access point.


### 1. the commission shall be responsible for the creation , maintenance and development of reference implementation software which member states may choose to apply as their back-end system instead of a national it system. the creation , maintenance and development of the reference implementation software shall be financed from the general budget of the union. ### 1. the commission shall be responsible for the creation , accessibility , maintenance and development of reference implementation software which member states may choose to apply as their back-end system instead of a national it system. the creation , maintenance and development of the reference implementation software shall be financed from the general budget of the union.


### 2. each member state shall bear the costs of establishing and adjusting its national it systems to make them interoperable with the access points , and shall bear the costs of administering , operating and maintaining those systems. ### 2. each member state shall bear the costs of establishing and adjusting its national it systems to make them interoperable with the access points , and shall bear the costs of administering , operating and maintaining those systems , as well as organise training courses for legal representatives , competent authorities and citizens on how to use those national it systems.


### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive; ### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas a vibrant civil society operating in an enabling legal and political environment allowing it to play its fundamental role in monitoring the situation of the rule of law and fundamental rights , corruption and promoting good governance , accountability and transparency is essential for any democracy to thrive;


### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive; ### a. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essential for any democracy to thrive and the shrinking of the space available for civil society work can negatively impact democracies;


### for general rules providing protection against slapps; ### for general rules providing protection against slapps , specifically legislation that sets common minimum standards on procedural safeguards and other preventive , supporting and deterrent measures providing protection from slapps;


### 1. underlines that an independent , impartial , professional and responsible media is a key pillar of democracy; expresses serious concerns about the situation in some member states whereby media laws allow for greater political interference; ### 1. underlines that independent , impartial , professional and responsible free media is a cornerstone of democracy , a fundamental constitutional value on which the european union is founded and protected by the eu and its treaties , with freedom of expression and information enshrined in the charter of fundamental rights; expresses serious concerns about the situation in some member states where media freedom is not guaranteed , journalists , ngos and representatives from civil society are silenced , harassed , and even physically attacked , creating chilling effects on freedom of expression , limiting the access to the information of public interest; underlines the urgency to propose legislative and non-legislative measures to secure a safer environment for public watchdogs in the eu;


### 2. is concerned that the current covid-19 pandemic not only continues to have a significant negative impact on public health , social welfare and the economy , but also entails a serious threat to media freedom; warns that governments across the world could use the coronavirus emergency as an excuse to implement draconian new restrictions on freedom of expression and tighten media censorship; calls on the commission to mobilise funds to encourage anti-corruption investigative journalism; ### 2. is concerned that the current covid-19 pandemic not only continues to have a significant negative impact on public health , social welfare and the economy , but also entails a serious threat to media freedom; warns that governments across the world use the coronavirus emergency as an excuse to implement different restrictive measures limiting the freedom of expression and tightening media censorship both online and offline , including by amending criminal legislation by decree , while journalists have been prosecuted or assaulted for reporting about covid-19 related news1a; calls on the commission to mobilise funds to support the investigative journalism enabling them to report independently on current affairs , including corruption and abuses of public office;


### 3. highlights that reporters without borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom , as it is often threatened by the rise of populist governments; calls on the member states and the commission to enforce a legal framework to protect journalists and their sources; ### 3. highlights that reporters without borders1 argue that the next decade will be crucial for ensuring the preservation of media freedom , as it is often threatened by the radical , populist authoritarian governments; calls on the member states and the commission to enforce a legal framework to protect journalists and their sources;


### 4. calls on the commission to propose a directive against strategic lawsuits against public participation (slapps) in order to protect independent media and journalists from vexatious lawsuits intended to silence or intimidate them; ### 4. calls on the commission to propose without delay a directive against strategic lawsuits against public participation (slapps) in order to protect independent media and journalists from vexatious lawsuits intended to silence or intimidate them; considers that a directive against strategic lawsuits against public participation (slapps) should exclude cases of defamation from the criminal law in member states and imprisonment punishments for defamation; calls on the commission to strike a fair balance between the right to access to justice and the freedom of expression;


### 5. is concerned about the increase in online hate speech , notably against freedom of the press and freedom of expression; stresses the need for better cooperation between authorities and online platform service providers in order to combat hate speech , without destabilising the fundamental right to freedom of expression; ### 5. is concerned about the increase of online hate speech , verbal abuse , harassment , online smear campaigns , cybercrime and violation of privacy online , notably against free press and the freedom of expression , including political or economic pressure , leading to self-censorship and impairment of editorial freedom; stresses that online threats and harassments are particularly persistent for women journalists to intimidate and discredit them , thus creating professional harm; stresses that online harassment violence against journalists are often accompanying slapp suits; stresses the need for better cooperation between authorities and online platform service providers to combat online harassments and hate speech , while guarantee the fundamental right to freedom of expression;


### 6. calls on the member states to guarantee that the public service media is free from censorship and political influence; invites the member states , in this regard , to establish the necessary regulatory frameworks to monitor media ownership and ensure full transparency; ### 6. calls on the member states to guarantee that the public service media is free from censorship and political influence; invites the member states , in this regard , to implement the already established regulatory frameworks , such as avmsd , and cooperate in pilot projects set up by commission , such as media ownership monitor , to monitor media ownership and ensure full transparency;


### (2) it is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data. such a system , enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities , when provided forby national or union law , should contribute to improving access to justice. ### (2) it is thus important that appropriate channels are developed to ensure that justice systems can efficiently cooperate in a digital way. therefore , it is essential to establish , at union level , an information technology instrument that allows swift , direct , interoperable , reliable and secure cross-border electronic exchange of case related data. such a system , enabling citizens and businesses to exchange documents and evidence in digital form with judicial or other competent authorities , when provided forby national or union law , should contribute to improving access to justice , transparency and increase citizens' trust in the union.


### (7) since it is necessary to ensure the long term sustainability of the e-codex system and its governance while taking into account the independence of the national judiciaries , an appropriate entity for the operational management of the system should be designated. ### (7) since it is necessary to ensure the long term sustainability of the e-codex system and its governance while respecting the independence of the national judiciaries , an appropriate entity for the operational management of the system should be designated.


### (10) given eu-lisa's priority tasks of developing and managing the entry/exit system (ees) , the european travel information and authorisation system (etias) , the european criminal records information system for third country nationals (ecris-tcn) , the revised schengen information system (sis) , the visa information system (vis) and eurodac , as well as the strategic task to establish a framework for interoperability between eu information systems , eu-lisa should not take over the responsibility for the e-codex system earlier than on 1 july 2023. ### (10) given eu-lisa's priority tasks of developing and managing the entry/exit system (ees) , the european travel information and authorisation system (etias) , the european criminal records information system for third country nationals (ecris-tcn) , the revised schengen information system (sis) , the visa information system (vis) and eurodac , as well as the strategic task to establish a framework for interoperability between eu information systems , eu-lisa should take over the responsibility for the e-codex system not earlier than on 1 july 2023 and no later than 31 december 2023.


### (11) the e-codex system can be used in cross-border civil and criminal proceedings. however , given its open source nature , it could also be used in other situations. this regulation should not apply to any use of the e-codex system which is not based on the legal acts listed in annex i. ### (11) the e-codex system can be used in cross-border civil and criminal proceedings. however , given its open source nature , it could also be used in other situations. this regulation should apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e-codex system in accordance with the legal acts adopted in the area of judicial cooperation listed in annex i. the commission should be empowered to adopt delegated acts to extend the list to other existing or future legal acts.


### (15) the member states should maintain a list of authorised e-codex access points operated within their territory , and communicate them to eu-lisa in order to enable the interaction between them in the context of the relevant procedures. the commission should maintain a similar list of authorised e-codex access points operated by the union institutions , bodies and agencies for the same reason. the entities operating the access points at national level may be public authorities , organisations representing legal practitioners or private companies. bearing in mind the decentralised nature of the e-codex system , while eu-lisa should ensure the operational management of the e-codex system , the responsibility for setting up and operating the authorised e-codex access points should lie exclusively with the entities operating the relevant access points. the entities operating the authorised e-codex access point should bear the responsibility for any damage resulting from the operation of the authorised e-codex access point. ### (15) the member states should maintain a list of authorised e-codex access points operated within their territory , and communicate them to eu-lisa in order to enable the interaction between them in the context of the relevant procedures. the commission should maintain a similar list of authorised e-codex access points operated by the union institutions , bodies and agencies for the same reason. the entities operating the access points at national level may be public authorities , organisations representing legal practitioners or private companies. the entities operating authorised e-codex access points should comply with the data protection requirements laid down in regulations (eu) 2018/17251a and (eu) 2016/6791b of the european parliament and of the council. bearing in mind the decentralised nature of the e-codex system , while eu-lisa should ensure the operational management of the e-codex system , the responsibility for setting up and operating the authorised e-codex access points should lie exclusively with the entities operating the relevant access points. the entities operating the authorised e-codex access point should bear the responsibility for any damage resulting from the operation of the authorised e-codex access point.


### (19) in order to allow eu-lisa to prepare the takeover adequately , the entity managing the e-codex system should prepare by 31 december 2022 a handover document setting out the detailed arrangements for the transfer of the e-codex system , including the criteria for a successful handover process and its completion , in accordance with implementing acts adopted by the commission pursuant to this regulation. the handover document should cover the components of the e-codex system including the gateway , the connector and the digital procedural standards , as well as the relevant supporting products. the commission should monitor the handover/takeover process in order to ensure its compliance with the implementing acts and the handover document , and the takeover should only take place once the commission has declared that the process has been successfully completed. after submitting the handover document and until the successful handover of the e-codex system to eu-lisa , the entity managing the e-codex system should not deliver any new release but should only ensure corrective maintenance activities of the e-codex system. ### (19) in order to allow eu-lisa to prepare the takeover adequately , the entity managing the e-codex system should prepare by 30 june 2022 a handover document setting out the detailed arrangements for the transfer of the e-codex system , including the criteria for a successful handover process and its completion , in accordance with implementing acts adopted by the commission pursuant to this regulation. the handover document should cover the components of the e-codex system including the gateway , the connector and the digital procedural standards , as well as the relevant supporting products. the commission should monitor the handover/takeover process in order to ensure its compliance with the implementing acts and the handover document , and the takeover should only take place once the commission has declared that the process has been successfully completed. after submitting the handover document and until the successful handover of the e-codex system to eu-lisa , the entity managing the e-codex system should not deliver any new release but should only ensure corrective maintenance activities of the e-codex system.


### (21) in order for the commission to be able to evaluate the e-codex system on a regular basis , eu-lisa should report to the commission every two years on the technical evolution and the technical functioning of the e-codex system. in order to feed into that report , member states should provide eu-lisa with the relevant information concerning the access points operated in their territory and the commission should provide similar information concerning the access points operated by union institutions , bodies and agencies. ### (21) in order for the commission to be able to evaluate the e-codex system on a regular basis , eu-lisa should report to the commission every two years on the technical evolution and the technical functioning of the e-codex system. in order to feed into that report , member states should provide eu-lisa with the relevant information concerning the access points operated in their territory and the commission should provide similar information concerning the access points operated by union institutions , bodies and agencies. entities created and managed by public international organisations operating authorised e-codex access points should be given a deadline to provide eu-lisa with information about the access points operated by them.


### this regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e-codex system in accordance with the legal acts adopted in the area of judicial cooperation listed in annex i. ### this regulation shall apply to the electronic transmission of information in the context of cross-border civil and criminal proceedings by means of the e-codex system in accordance with the legal acts adopted in the area of judicial cooperation listed in annex i.


### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii. ### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii , as well as for maintaining a high level of security standards throughout the process , while carrying out its tasks , as referred to in article 10.


### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii. ### 1. eu-lisa shall be responsible for the operational management of the components of the e-codex system referred to in article 4(2)(b) and (3) and of the supporting software listed in annex ii , as well as for the operational management of the domibus connector software.


### 2. each member state shall designate up to five e-codex correspondents. only those correspondents shall be entitled to request and receive the technical support referred to in article 6(2)(f). ### 2. each member state shall designate up to five e-codex correspondents. only those correspondents shall be entitled to request and receive the technical support referred to in article 6(2)(f). those correspondents shall be entitled to request and receive technical support on behalf of all authorised e-codex access points in the member states. each member state shall communicate a list of its designated e-codex correspondents and any modification thereto to the commission and eu-lisa.


### 2. each member state shall designate up to five e-codex correspondents. only those correspondents shall be entitled to request and receive the technical support referred to in article 6(2)(f). ### 2. each member state shall designate up to five e-codex correspondents. those correspondents shall be entitled to request and receive the technical support referred to in article 6(2)(f).


### 1. the entity managing the e-codex system shall , by 31 december 2022 at the latest , submit a common handover document to eu-lisa specifying the detailed arrangements for the transfer of the e-codex system , including the criteria for a successful handover process and completion and related documentation , as established by the implementing acts pursuant to article 5(1)(c) , including provisions on intellectual property rights or usage rights relating to the e-codex system and the supporting software listed in annex ii enabling eu-lisa to carry out its responsibilities in accordance with article 6. ### 1. the entity managing the e-codex system shall , by 30 june 2022 at the latest , submit a common handover document to eu-lisa specifying the detailed arrangements for the transfer of the e-codex system , including the criteria for a successful handover process and completion and related documentation , as established by the implementing acts pursuant to article 5(1)(c) , including provisions on intellectual property rights or usage rights relating to the e-codex system and the supporting software listed in annex ii enabling eu-lisa to carry out its responsibilities in accordance with article 6.


### 4. eu-lisa shall take over responsibility for the e-codex system at the date when the commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 and not earlier than on 1 july 2023. ### 4. eu-lisa shall take over responsibility for the e-codex system at the date when the commission has declared the successful completion of the handover/takeover process referred to in paragraph 2 not earlier than on 1 july 2023 but not later than on 31 december 2023.


### 2. during the handover/takeover process the e-codex advisory group shall meet regularly , at least every second month , until the takeover process is successfully completed. ### 2. during the handover/takeover process the e-codex advisory group shall be chaired by eu-lisa and shall meet regularly , at least every second month , until the takeover process is successfully completed.


### 2. the programme management board shall be composed of eight members appointed by the management board , the chair of the advisory group referred to in article 11 and one member appointed by the commission. the management board shall ensure that the members it appoints to the programme management board have the necessary experience and expertise regarding the e-codex system. ### 2. the programme management board shall be composed of eight members appointed by the management board , the chair of the advisory group referred to in article 11 and one member appointed by the commission. the management board shall ensure that the members it appoints to the programme management board have the necessary experience and expertise regarding the e-codex system. the members of the programme management board can be appointed from among the experts taking part in the advisory group.


### 1. the board shall have a secretariat , which shall be provided by the commission. ### 1. the board shall have a secretariat , which shall be provided independent of the commission and member states.


### without prejudice to the powers granted to the commission by the treaties , the board shall promote the effective and consistent application of this regulation and of national rules implementing directive 2010/13/eu throughout the union. the board shall: ### without prejudice to the powers granted to the commission by the treaties , the board shall promote the effective and consistent application of this regulation and of national measures implementing directive 2010/13/eu throughout the union. the board shall:


### advise the commission , where requested by it , on regulatory , technical or practical aspects pertinent to the consistent application of this regulation and implementation of directive 2010/13/eu as well as all on other matters related to media services within its competence. where the commission requests advice or opinions from the board , it may indicate a time limit , taking into account the urgency of the matter; ### advise the commission on regulatory , technical or practical aspects pertinent to the consistent application of this regulation and implementation of directive 2010/13/eu as well as all on other matters related to media services within its competence. the board shall , taking into account the urgency of the matter , advice or draw up opinions to the commission.


### advise the commission , where requested by it , on regulatory , technical or practical aspects pertinent to the consistent application of this regulation and implementation of directive 2010/13/eu as well as all on other matters related to media services within its competence. where the commission requests advice or opinions from the board , it may indicate a time limit , taking into account the urgency of the matter; ### advise the commission , on its own initiative or where requested by the commission , technical or practical aspects pertinent to the consistent application of this regulation and implementation of directive 2010/13/eu as well as all on other matters related to media services within its competence. where the commission requests advice or opinions from the board , it may indicate a time limit , taking into account the urgency of the matter;


### when requested by the commission , provide opinions on the technical and factual issues that arise with regard to article 2(5c) , article 3(2) and (3) , article 4(4) , point (c) and article 28a(7) of directive 2010/13/eu; ### on its own initiative , or when requested by the commission , provide opinions on the technical and factual issues that arise with regard to article 2(5c) , article 3(2) and (3) , article 4(4) , point (c) and article 28a(7) of directive 2010/13/eu;


### in agreement with the commission , draw up opinions with respect to: ### draw up opinions with respect to:


### upon request of the commission , draw up opinions with respect to: ### on its own initiative or upon request of the commission , draw up opinions with respect to:


### upon request of the commission , draw up opinions with respect to: ### draw up opinions with respect to:


### 7. where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request , it shall inform the requested authority without undue delay , explaining the reasons for its position. if the requested authority does not agree with that position , or if the requested authority’s reaction is missing , either authority may refer the matter to the board. within 14 calendar days from the receipt of that referral , the board shall issue , in agreement with the commission , an opinion on the matter , including recommended actions. the requested authority shall do its outmost to take into account the opinion of the board. ### 7. where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request , it shall inform the requested authority without undue delay , explaining the reasons for its position. if the requested authority does not agree with that position , or if the requested authority’s reaction is missing , either authority may refer the matter to the board. within 14 calendar days from the receipt of that referral , the board shall issue , in consultation with the commission , where deemed relevant , an opinion on the matter , including recommended actions. the requested authority shall do its outmost to take into account the opinion of the board.


### 7. where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request , it shall inform the requested authority without undue delay , explaining the reasons for its position. if the requested authority does not agree with that position , or if the requested authority’s reaction is missing , either authority may refer the matter to the board. within 14 calendar days from the receipt of that referral , the board shall issue , in agreement with the commission , an opinion on the matter , including recommended actions. the requested authority shall do its outmost to take into account the opinion of the board. ### 7. where the requesting authority does not consider the measures taken by the requested authority to be sufficient to address and reply to its request , it shall inform the requested authority without undue delay , explaining the reasons for its position. if the requested authority does not agree with that position , or if the requested authority’s reaction is missing , either authority may refer the matter to the board. within 14 calendar days from the receipt of that referral , the board shall issue an opinion on the matter , including recommended actions. the requested authority shall do its outmost to take into account the opinion of the board.


### 4. if no amicable solution has been found following mediation by the board , the requesting national authority or body or the requested national authority or body may request the board to issue an opinion on the matter. in its opinion the board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. if the board considers that the requested authority has not complied with such a request , the board shall recommend actions to comply with the request. the board shall issue its opinion , in agreement with the commission , without undue delay. ### 4. if no amicable solution has been found following mediation by the board , the requesting national authority or body or the requested national authority or body may request the board to issue an opinion on the matter. in its opinion the board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. if the board considers that the requested authority has not complied with such a request , the board shall recommend actions to comply with the request. the board shall issue its opinion , in consultation with the commission , where deemed relevant , without undue delay.


### 4. if no amicable solution has been found following mediation by the board , the requesting national authority or body or the requested national authority or body may request the board to issue an opinion on the matter. in its opinion the board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. if the board considers that the requested authority has not complied with such a request , the board shall recommend actions to comply with the request. the board shall issue its opinion , in agreement with the commission , without undue delay. ### 4. if no amicable solution has been found following mediation by the board , the requesting national authority or body or the requested national authority or body may request the board to issue an opinion on the matter. in its opinion the board shall assess whether the requested authority or body has complied with a request referred to in paragraph 1. if the board considers that the requested authority has not complied with such a request , the board shall recommend actions to comply with the request. the board shall issue its opinion without undue delay.


### 1. the board shall foster the exchange of best practices among the national regulatory authorities or bodies , consulting stakeholders , where appropriate , and in close cooperation with the commission , on regulatory , technical or practical aspects pertinent to the consistent and effective application of this regulation and of the national rules implementing directive 2010/13/eu. ### 1. the board shall foster the exchange of best practices among the national regulatory authorities or bodies , consulting stakeholders , where appropriate and relevant , and in cooperation with the commission , on regulatory , technical or practical aspects pertinent to the consistent and effective application of this regulation and of the national rules implementing directive 2010/13/eu.


### making information accessible on the ownership structure of media service providers , as provided under article 5(2) of directive 2010/13/eu. ### making information accessible on the ownership structure of media service providers , as provided under article 5(2) of directive 2010/13/eu , as well as their subsidiaries , sister companies and parent companies.


### 3. the commission may issue an opinion on any matter related to the application of this regulation and of the national rules implementing directive 2010/13/eu. the board shall assist the commission in this regard , where requested. ### 3. assisted by the board , the commission may issue an opinion on any matter related to the application of this regulation and of the national rules implementing directive 2010/13/eu.


### coordination of measures concerning media service providers established outside the union ### coordination of measures concerning media service providers established or media services originating outside the union


### 1. the board shall coordinate measures by national regulatory authorities or bodies related to the dissemination of or access to media services provided by media service providers established outside the union that target audiences in the union where , inter alia in view of the control that may be exercised by third countries over them , such media services prejudice or present a serious and grave risk of prejudice to public security and defence. ### 1. without prejudice to article 3 of directive 2010/13/eu , the board shall , upon request of the national regulatory authorities or bodies from at least two member states , coordinate relevant measures by the national regulatory authorities or bodies concerned , related to the dissemination of or access by any technical means to media services provided by media service providers established outside of the union that target audiences in the union or media services originating from outside the union but distributed by providers established in the union where , inter alia in view of the control that may be exercised by third countries over them , such media services prejudice or present a serious and grave risk of prejudice to public security and defence , or public health , or where their programs include incitement to violence , hatred or public provocation to commit a terrorist offence.


### 2. the board , in agreement with the commission , may issue opinions on appropriate national measures under paragraph 1. all competent national authorities , including the national regulatory authorities or bodies , shall do their utmost to take into account the opinions of the board. ### 2. the board , in consultation with the commission , may issue opinions on appropriate national measures under paragraph 1. without prejudice to their powers under national law , the competent national authorities concerned , including the national regulatory authorities or bodies , shall do their utmost to take into account the opinions of the board.


### 2. the board , in agreement with the commission , may issue opinions on appropriate national measures under paragraph 1. all competent national authorities , including the national regulatory authorities or bodies , shall do their utmost to take into account the opinions of the board. ### 2. the board may issue opinions on appropriate national measures under paragraph 1. all competent national authorities , including the national regulatory authorities or bodies , shall do their utmost to take into account the opinions of the board.


### 2. where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/xxx [digital services act] , to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect. ### 2. without prejudice to any of their legal obligations , including regulation (eu) 2022/2065 , in particular the provisions foreseen in articles 16 and 22 and corresponding recitals , where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall immediately take all possible measures to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect; where the content is provided by a media service provider subject to regulatory requirements for the exercise of editorial responsibility in one or more member states , such as a recognised audiovisual media service provider , as defined in article 1 paragraph 1 (a) of the avms directive (2018/1808) , the provider of very large online platform shall grant the media service provider the opportunity to complain and engage in a meaningful and effective dialogue in good faith and with a view to finding an amicable solution before the suspension or restriction takes effect.


### 2. where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/xxx [digital services act] , to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect. ### 2. where a provider of very large online platform decides to restrict or suspend the provision of its online intermediation services in relation to content or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content or services is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/2065 , it shall communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 and article 17(3) of regulation (eu) 2022/2065 , and provide the media service provider with an opportunity to reply to the statement of reasons prior to the suspension or restriction taking effect. if the provider of a very large online platform subsequently decides to suspend or restrict content or services , it shall give detailed reasons in writing why it rejects the media service provider’s objections at the time the decision takes effect.


### 2. where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/xxx [digital services act] , to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect. ### 2. where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/xxx [digital services act] , to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect. if the provider of a very large online platform subsequently decides to suspend or restrict content or services , it shall give detailed reasons in writing why it rejects the media service provider’s objections at the time the decision takes effect.


### 2. where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/xxx [digital services act] , to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect. ### 2. where a provider of very large online platform decides to suspend or limit the provision of its online intermediation services in relation to content or services provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/xxx [digital services act] , to communicate to the media service provider concerned the statement of justified and concrete reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect.


### 2. where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , without that content contributing to a systemic risk referred to in article 26 of the regulation (eu) 2022/xxx [digital services act] , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/xxx [digital services act] , to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 , prior to the suspension taking effect. ### 2. without prejudice to its obligations pursuant to articles 24 and 35 of regulation (eu) 2022/2065 , where a provider of very large online platform decides to suspend the provision of its online intermediation services in relation to content provided by a media service provider that submitted a declaration pursuant to paragraph 1 of this article , on the grounds that such content is incompatible with its terms and conditions , it shall take all possible measures , to the extent consistent with their obligations under union law , including regulation (eu) 2022/2065 , to communicate to the media service provider concerned the statement of reasons accompanying that decision , as required by article 4(1) of regulation (eu) 2019/1150 and article 17 of regulation (eu) 2022/2065 , prior to the suspension taking effect.


### 3. providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under article 11 of regulation (eu) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this article are processed and decided upon with priority and without undue delay. ### 3. providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under article 11 of regulation (eu) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this article are processed and decided upon with priority and no later than 48 hours after submission of the complaint. if the very large online platform fails to adhere to this time limit , it shall reinstate the content or service without undue delay.


### 3. providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under article 11 of regulation (eu) 2019/1150 by media service providers that submitted a declaration pursuant to paragraph 1 of this article are processed and decided upon with priority and without undue delay. ### 3. providers of very large online platforms shall take all the necessary technical and organisational measures to ensure that complaints under article 11 of regulation (eu) 2019/1150 and article 20 of regulation (eu) 2022/2065 by media service providers that submitted a declaration pursuant to paragraph 1 of this article are processed and decided upon with priority and without undue delay.


### 4. where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds , the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider , upon its request , in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. the media service provider may notify the outcome of such exchanges to the board. ### 4. where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content or services provided by the media service provider without sufficient grounds , the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider , upon its request , in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. the media service provider may notify the outcome of such exchanges to the board.


### 4. where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform frequently restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds , the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider , upon its request , in good faith with a view to finding an amicable solution for terminating unjustified restrictions or suspensions and avoiding them in the future. the media service provider may notify the outcome of such exchanges to the board. ### 4. where a media service provider that submitted a declaration pursuant to paragraph 1 considers that a provider of very large online platform restricts or suspends the provision of its services in relation to content provided by the media service provider without sufficient grounds , the provider of very large online platform shall engage in a meaningful and effective dialogue with the media service provider , upon its request , in good faith with a view to finding an amicable solution within a reasonable timeframe avoiding unjustified restriction or suspensions in the future. the media service provider may notify the outcome of such exchanges to the board. if no amicable solution is found , the media service provider may lodge a complaint before a certified out-of-court dispute settlement body in accordance with article 21 of regulation 2022/2065 without prejudice and in addition to its right to effective judicial protection.


### the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this article is incompatible with their terms and conditions; and ### the number of instances where they imposed any restriction or suspension on the grounds that the content or services provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this article is incompatible with their terms and conditions; and


### the number of instances where they imposed any restriction or suspension on the grounds that the content provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this article is incompatible with their terms and conditions; and ### the number of instances where they imposed any restriction or suspension on the grounds that the content or service provided by a media service provider that submitted a declaration in accordance with paragraph 1 of this article is incompatible with their terms and conditions; and


### 2. the board shall report on the results of the dialogue to the commission. ### 2. the board shall report on the results of the dialogue to the commission. the commission shall take this report into account for its assessment of the compliance of the very large online platforms with their obligations relating to systemic risks mitigation pursuant to article 35 of regulation (eu) 2022/2065.


### 4. the board , upon request of the commission , shall draw up an opinion where a national legislative , regulatory or administrative measure is likely to affect the functioning of the internal market for media services. following the opinion of the board , and without prejudice to its powers under the treaties , the commission may issue its own opinion on the matter. opinions by the board and , where applicable , by the commission shall be made publicly available. ### 4. the board may draw up an opinion where a national legislative , regulatory or administrative measure is likely to affect the functioning of the internal market for media services. following the opinion of the board , and without prejudice to its powers under the treaties , the commission may issue its own opinion on the matter. opinions by the board and , where applicable , by the commission shall be made publicly available.


### 5. where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services , it shall communicate , at the request of the board , and where applicable , of the commission , without undue delay and by electronic means , any relevant information , including the summary of the facts , its measure , the grounds on which the national authority or body has based its measure , and , where applicable , the views of other authorities concerned. ### 5. where a national authority or body adopts a measure that affects individually and directly a media service provider and is likely to affect the functioning of the internal market for media services , it shall communicate , at the request of the board , and where applicable , of the commission , without undue delay and by electronic means , any relevant information , including the summary of the facts , its measure , the grounds on which the national authority or body has based its measure , and , where applicable , the views of other authorities concerned. the board , upon request by a media service provider individually and directly affected by a measure or by the commission , shall draw up an opinion on the measure.


### assessment of media market concentrations ### assessment of media market concentrations significantly impacting media pluralism


### member states shall provide , in their national legal systems , substantive and procedural rules which ensure an assessment of media market concentrations that could have a significant impact on media pluralism and editorial independence. these rules shall: ### member states shall provide , in their national legal systems , substantive and procedural rules which ensure an assessment of media market concentrations significantly impacting media pluralism. these rules shall:


### 2. in the assessment referred to in paragraph 1 , the following elements shall be taken into account: ### 2. in the assessment referred to in paragraph 1 , the following elements may be taken into account:


### the impact of the concentration on media pluralism , including its effects on the formation of public opinion and on the diversity of media players on the market , taking into account the online environment and the parties’ interests , links or activities in other media or non-media businesses; ### the impact of the concentration on media pluralism , including a risk assessment , referred to in article 12 (g) , to identify , analyse and assess any systemic risks to media freedom and pluralism in the particular member state , and its effects on media markets , outlets , and programmes and on the diversity of media players on the market , taking into account the online environment and the parties’ interests , links or activities in other media or non-media businesses;


### the impact of the concentration on media pluralism , including its effects on the formation of public opinion and on the diversity of media players on the market , taking into account the online environment and the parties’ interests , links or activities in other media or non-media businesses; ### the impact of the concentration on media pluralism , including a risk assessment to identify any systemic risks to media freedom and pluralism in the particular member state , and its effects on the formation of public opinion and on the diversity of media players on the market , taking into account the online environment and the parties’ interests , links or activities in other media or non-media businesses;


### the safeguards for editorial independence , including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions; ### the safeguards for editorial independence , including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions , and taking into account national media laws and self-regulation;


### the safeguards for editorial independence , including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions; ### the safeguards for editorial independence , including the impact of the concentration on the functioning of the editorial teams and the existence of measures by media service providers taken with a view to guaranteeing the independence of individual editorial decisions , in line with national media laws and self-regulation;


### whether , in the absence of the concentration , the acquiring and acquired entity would remain economically sustainable , and whether there are any possible alternatives to ensure its economic sustainability. ### whether , in the absence of the concentration , the acquiring and acquired entity would remain economically sustainable and whether the concentration would stimulate investments.


### 4. the national regulatory authority or body shall consult the board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism and editorial independence of a notifiable media market concentration where such concentrations may affect the functioning of the internal market. ### 4. the national regulatory authority or body may consult the board in advance on any opinion or decision it aims to adopt assessing the impact on media pluralism of a notifiable media market concentration significantly impacting media pluralism , where such concentrations may affect the functioning of the internal market.


### 1. in the absence of an assessment or a consultation pursuant to article 21 , the board , upon request of the commission , shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence , where a media market concentration is likely to affect the functioning of the internal market for media services. the board shall base its opinion on the elements set out in article 21(2). the board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the commission. ### 1. in the absence of an assessment or a consultation pursuant to article 21 , the board , on its own initiative or upon request of the commission , shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence , where a media market concentration is likely to affect the functioning of the internal market for media services. the board shall base its opinion on the elements set out in article 21(2) and its risk assessment concerning systemic risks to media freedom and media pluralism in the particular member state. the board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the commission.


### 1. in the absence of an assessment or a consultation pursuant to article 21 , the board , upon request of the commission , shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence , where a media market concentration is likely to affect the functioning of the internal market for media services. the board shall base its opinion on the elements set out in article 21(2). the board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the commission. ### 1. in the absence of an assessment or a consultation pursuant to article 21 , the board shall draw up an opinion on the impact of a media market concentration on media pluralism and editorial independence , where a media market concentration is likely to affect the functioning of the internal market for media services. the board shall base its opinion on the elements set out in article 21(2) , including its own risk assessment concerning systemic risks to media freedom and media pluralism in the particular member state. the board may bring media market concentrations likely to affect the functioning of the internal market for media services to the attention of the commission.


### 1. audience measurement systems and methodologies shall comply with principles of transparency , impartiality , inclusiveness , proportionality , non-discrimination and verifiability. ### 1. audience measurement systems and methodologies shall comply with principles of transparency , impartiality , comparability , inclusiveness , proportionality , non-discrimination and verifiability.