### “perishable food products” means food products that will become unfit for human consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit . ### “perishable food products” means food products that will become unfit for human consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit , with the exception of grapes and must intended for wine production .


### the relevant rules should apply to business conduct by larger , that is to say non - small and medium - sized , operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium - sized suppliers . ### the relevant rules should apply to all business operators in the agri - food supply chain .


### member states shall ensure that the following trading practices are prohibited : ### member states shall ensure that at least the following trading practices are prohibited :


### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium - sized suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the food supply chain , subject to the limits of union law applicable to the functioning of the internal market . ### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting all suppliers and buyers regardless of their economic dimension against unfair trading practices occurring in business - to - business relationships in the agri - food supply chain , subject to the limits of union law applicable to the functioning of the internal market .


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


### producer organisations or associations of producer organisations whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint . ### organisations of producers or of suppliers or associations of organisations of producers or of suppliers whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint and to be party to the proceedings .


### the enforcement authority shall ensure , if so requested by the complainant , the confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for confidentiality . ### the enforcement authority shall ensure , if so requested by the complainant , the anonymity or confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for anonymity or confidentiality . the authority shall guarantee the anonymity or confidentiality of the procedure for the benefit of the defendant . this is without prejudice to the procedural rights of the defendant .


### “food products” means products listed in annex i to the treaty intended for use as food as well as products not listed in that annex , but processed from those products for use as food ; ### “agricultural and food products” means products listed in annex i to the treaty as well as products not listed in that annex , but processed from those products for use as food ;


### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice : ### a buyer pays a supplier later than : - 30 calendar days starting from the last day of the month of receipt of the supplier’s invoice for perishable agricultural and food products , or later than 30 calendar days after the date of delivery of the perishable agricultural and food products , whichever is the later ; or - 60 calendar days starting from the last day of the month of receipt of the supplier’s invoice for agricultural and food products , or later than 60 calendar days after the date of delivery of the agricultural and food products , whichever is the later . member states shall ensure that , in sales transactions and for services provided where the buyer is a public authority , those practices are equally prohibited . these prohibitions shall be without prejudice :


### member states shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions which are applicable to any situation falling within their scope , irrespective of the law otherwise applicable to the supply agreement between the parties . ### member states shall ensure that the prohibitions laid down in paragraphs 1 and 2 constitute overriding mandatory provisions which are applicable to any situation falling within their scope , irrespective of the law otherwise applicable to the supply agreement between the parties . member states may adopt rules going beyond the prohibitions laid down for each unfair trading practice referred to in paragraphs 1 and 2 .


### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium - sized suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the food supply chain , subject to the limits of union law applicable to the functioning of the internal market . ### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the agricultural and food supply chain , subject to the limits of union law applicable to the functioning of the internal market .


### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the food products ; ### a buyer unilaterally changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the agricultural and food products , and / or of the services related to those products ;


### a supplier pays for the wastage of food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier . ### a supplier pays for the wastage of agricultural and food products that occurs on the buyer ' s premises and that is not caused by the negligence or fault of the supplier .


### this directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities . ### this directive establishes a minimum list of prohibited unfair trading practices between buyers and suppliers in the agricultural and food supply chain and lays down minimum rules concerning their enforcement and arrangements for the coordination between enforcement authorities .


### &#8220 ; buyer&#8221 ; means any natural or legal person established in the union who buys food products by way of trade . the term ' buyer ' may include a group of such natural and legal persons ; ### &#8220 ; buyer&#8221 ; means any natural or legal person , irrespective of that person ' s place of establishment , who buys agricultural and food products by way of trade , for processing , distribution or retail , and / or provides services related to those products , in the union . the term ' buyer ' may include a group of such natural and legal persons ;


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the agricultural and food supply chain at the stages of production , processing , importing , exporting , marketing , distribution , retail and sale to final consumers of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade agricultural and food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty , and other food products not listed in that annex but processed from agricultural products for use as food .


### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the food supply chain . where a complainant requests that his identity remain confidential because of fear of retaliation , the enforcement authorities of the member states should honour such a request . ### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agricultural and food supply chain . where a complainant requests that his identity remain confidential because of fear of retaliation , the enforcement authorities of the member states should honour such a request .


### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice : ### a buyer pays a supplier later than : - 30 calendar days starting from the last day of the month of receipt of the supplier ' s invoice for perishable agricultural and food products , or later than 30 calendar days after the date of delivery of the perishable agricultural and food products ; or - 60 calendar days starting from the last day of the month of receipt of the supplier ' s invoice for non - perishable agricultural and food products , or later than 60 calendar days after the date of delivery of the non - perishable agricultural and food products . member states shall ensure that , in sales transactions and for services provided where the buyer is a public authority , these practices are equally prohibited . these prohibitions shall be without prejudice :


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products , including producer organisations and associations of producer organisations . those suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a pecuniary fine or other sanctions on the author of the infringement , in accordance with national law . the fine and the other sanctions shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement . repeated infringements by the same operator shall be taken into account when determining the sanction to be applied ;


### to take a decision establishing an infringement of the prohibitions laid down in article 3 and require the buyer to terminate the prohibited trading practice . the authority may abstain from taking any such decision , if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests , provided that the complainant has identified that information in accordance with article 5 ; ### to take a decision granting the supplier interim relief to put an end to the forbidden commercial practice , establishing an infringement of the prohibitions laid down in article 3 and require the buyer to terminate the prohibited trading practice , and to annul the relevant clauses or illegal contracts . the authority may abstain from taking any such decision , if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests , provided that the complainant has identified that information in accordance with article 5 ;


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


### by 15 march of each year , member states shall send to the commission a report on unfair trading practices in business - to - business relationships in the food supply chain . that report shall contain , in particular , all relevant data on the application and enforcement of the rules under this directive in the member state concerned in the previous year . ### by 15 march of each year , member states shall send to the commission a report on unfair trading practices in business - to - business relationships in the agricultural and food supply chain . that report shall contain , in particular , all relevant data on the application and enforcement of the rules under this directive , as well as on the efficacy of the measures implemented by the enforcement authority in the member state concerned in the previous year .


### member states may provide for rules designed to combat unfair trading practices going beyond those set out in articles 3 , 5 , 6 and 7 , provided that such national rules are compatible with the rules on the functioning of the internal market . ### member states shall not under this directive be precluded from adopting and applying in their territory stricter national laws , which prohibit or sanction trading practices by undertakings .


### member states shall ensure that enforcement authorities cooperate effectively with each other and provide each other mutual assistance in investigations that have a cross - border dimension . ### a union enforcement network is hereby established .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products , as well as to the services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice : ### a buyer pays a supplier later than : - 30 calendar days starting from the last day of the month of receipt of the supplier’s invoice for perishable agricultural and food products , or later than 30 calendar days after the date of delivery of the perishable agricultural and food products , whichever is the later ; or - 60 calendar days starting from the last day of the month of receipt of the supplier’s invoice for agricultural and food products , or later than 60 calendar days after the date of delivery of the agricultural and food products , whichever is the later . member states shall ensure that , in sales transactions and for services provided where the buyer is a public authority , those practices are equally prohibited . these prohibitions shall be without prejudice :


### a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ; ### a buyer cancels orders of perishable agricultural and food products with notice of less than 60 days from the agreed date for delivery of the products ;


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established , without bearing the relevant administrative and procedural costs .


### producer organisations or associations of producer organisations whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint . ### producer or supplier organisations , associations of producer or supplier organisations whose member or member of their members consider that they are affected by a prohibited trading practice , non - governmental and civil society organisations shall have the right to submit a complaint and may be a party in the proceedings .


### a supplier pays for the promotion of food products sold by the buyer . prior to a promotion and if that promotion is initiated by the buyer , the buyer shall specify the period of the promotion and the expected quantity of the food products to be ordered ; ### a supplier pays for the promotion of agricultural and food products sold by the buyer . prior to a promotion and if that promotion is initiated by the buyer , the buyer shall specify the period of the promotion and the expected quantity of the agricultural and food products to be ordered ;


### the rules laid down in this directive should not impair the possibility for the member states to maintain existing rules that are further - reaching or to adopt such rules in the future , subject to the limits of union law applicable to the functioning of the internal market . the rules would apply alongside voluntary governance measures . ### the rules laid down in this directive should not impair the possibility for the member states to maintain existing rules that are stricter with regard to the unfair trading practices identified in this directive or to additional ones , or to adopt such rules in the future , subject to the limits of union law applicable to the functioning of the internal market . the rules would apply alongside voluntary governance measures .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to perform their duties . they should have the power to order the termination of a prohibited practice , where applicable so as to ensure the fair and proper functioning of the agricultural and food supply chain . the existence of a deterrent , such as the power to impose penalties , including fines or any other sanction and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . it is necessary to establish a union enforcement network , hosted by the commission , aimed at coordinating and facilitating the exchange of information and best practices concerning member states national legislation and experience of enforcement in a coordinated and systematic way so as to ensure a common approach with respect to the application of the rules set out in this directive . the network should also help improving the common understanding on which specific types of business practice should be considered utps and to better address potential cross - border utps .


### the enforcement authorities shall meet once per year to discuss the application of this directive on the basis of the annual reports referred to in article 9 and best practices in the area it covers . the commission shall facilitate those meetings . ### the purpose of the network is to serve as a platform for structured cooperation between enforcement authorities of the member states and the commission and to streamline the practices of enforcement authorities within the union .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier to a buyer that is not a small and medium - sized enterprise . applies throughout the text . adopting it will necessitate corresponding changes throughout . )


### suppliers established outside the union should be able to rely on the union minimum standard when they sell food products to buyers established in the union to avoid unintended distorting effects resulting from the protection of suppliers in the union . ### suppliers established outside the union should be able to rely on the union minimum standard when they sell agricultural and food products to buyers established in the union to avoid unintended distorting effects resulting from the protection of suppliers in the union .


### suppliers established outside the union should be able to rely on the union minimum standard when they sell food products to buyers established in the union to avoid unintended distorting effects resulting from the protection of suppliers in the union . ### suppliers established outside the union should be able to rely on the union minimum standard when they sell agricultural and food products to buyers to avoid unintended distorting effects resulting from the protection of suppliers in the union .


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a pecuniary fine or other sanctions on the author of the infringement , in accordance with national law the fine and the other sanctions shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement ;


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should be impartial bodies with no conflicts of interest with operators in the agricultural and food supply chain and have an in depth knowledge of the functioning of the chain . they should guarantee the fair and proper functioning of the agricultural and food supply chain and promptly terminate a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and other equally effective sanctions and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . repeated infringements should be taken into account when determining the sanction to be applied . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing all relevant information and assisting in investigations which have a cross - border dimension .


### “perishable food products” means food products that will become unfit for human consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit . ### “perishable agricultural and food products” means agricultural and food products that will become unfit for proper use or consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit .


### a buyer unilaterally and retroactively changes the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the food products ; ### a buyer unilaterally imposes changes to the terms of the supply agreement concerning the frequency , timing or volume of the supply or delivery , the quality standards or the prices of the agricultural and food products or the services related to those products ;


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies agricultural and food products , including producer organisations and associations of producer organisations . those suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


### when deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency - creating agreements agreed between parties . as a result , it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms , so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited . however , certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them . ### when deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency - creating agreements agreed between parties . as a result , it is appropriate to distinguish practices that do not result from an unbalanced power relationship and are foreseen in clear and unambiguous terms in supply agreements between parties , from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms , so that only unilateral changes to those relevant terms of the supply agreement are prohibited . however , certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them .


### to initiate and conduct investigations on its own initiative or based on a complaint ; ### to initiate and conduct investigations on its own initiative based on reasonable suspicion or on a complaint ;


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### complaints shall be addressed to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . where the buyer is established outside the union , the complaint shall be addressed to the enforcement authority of the member state in which the supplier is located .


### “food products” means products listed in annex i to the treaty intended for use as food as well as products not listed in that annex , but processed from those products for use as food ; ### “food products” means products listed in annex i to the treaty intended for use as food , as well as food as defined in article 2 of regulation no 178 / 2002 ;


### to take a decision establishing an infringement of the prohibitions laid down in article 3 and require the buyer to terminate the prohibited trading practice . the authority may abstain from taking any such decision , if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests , provided that the complainant has identified that information in accordance with article 5 ; ### to take a decision granting the supplier interim relief to put an end to the forbidden commercial practice , establishing an infringement of the prohibitions laid down in article 3 and require the buyer to terminate the prohibited trading practice , and to annul the relevant clauses or illegal contracts . the authority may abstain from taking any such decision , if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests , provided that the complainant has identified that information in accordance with article 5 ;


### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice : ### a buyer pays a supplier later than : - 30 calendar days starting from the last day of the month of receipt of the supplier ' s invoice for perishable agricultural and food products , or later than 30 calendar days after the date of delivery of the perishable agricultural and food products ; or - 60 calendar days starting from the last day of the month of receipt of the supplier ' s invoice for non - perishable agricultural and food products , or later than 60 calendar days after the date of delivery of the non - perishable agricultural and food products . member states shall ensure that , in sales transactions and for services provided where the buyer is a public authority , these practices are equally prohibited . these prohibitions shall be without prejudice :


### complaints by producer organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant . ### complaints by producer or supplier organisations or associations of such organisations can serve to protect the identity of individual members of the organisation who are small and medium - sized suppliers and consider themselves exposed to unfair trading practices . enforcement authorities of the member states should therefore be able to accept and act upon complaints by such entities while protecting the procedural rights of the defendant .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to perform their duties . they should have the power to order the termination of a prohibited practice , where applicable so as to ensure the fair and proper functioning of the agricultural and food supply chain . the existence of a deterrent , such as the power to impose penalties , including fines or any other sanction and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . it is necessary to establish a union enforcement network , hosted by the commission , aimed at coordinating and facilitating the exchange of information and best practices concerning member states national legislation and experience of enforcement in a coordinated and systematic way so as to ensure a common approach with respect to the application of the rules set out in this directive . the network should also help improving the common understanding on which specific types of business practice should be considered utps and to better address potential cross - border utps .


### a buyer cancels orders of perishable food products at such short notice that a supplier cannot reasonably be expected to find an alternative to commercialise or use these products ; ### a buyer cancels orders of perishable agricultural and food products with notice of less than 60 days from the agreed date for delivery of the products ;


### producer organisations or associations of producer organisations whose member or member of their members consider that they are affected by a prohibited trading practice shall have the right to submit a complaint . ### producer or supplier organisations , associations of producer or supplier organisations whose member or member of their members consider that they are affected by a prohibited trading practice , non - governmental and civil society organisations shall have the right to submit a complaint and may be a party in the proceedings .


### the relevant rules should apply to business conduct by larger , that is to say non - small and medium - sized , operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium - sized suppliers . ### the relevant rules should apply to business conduct by larger , that is to say non - small and medium - sized , operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with their suppliers . those rules should not be to the detriment of the various social formations consisting of and governed by agricultural producers , the aim of which is to promote the agricultural and food products of their members under the best possible market conditions .


### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the date of delivery of the perishable food products , whichever is the later . this prohibition shall be without prejudice : ### a buyer pays a supplier for perishable food products later than 30 calendar days after the receipt of the supplier ' s invoice or later than 30 calendar days after the delivery of the perishable food products in accordance with the contract , whichever is the later . this prohibition shall be without prejudice :


### to take a decision establishing an infringement of the prohibitions laid down in article 3 and require the buyer to terminate the prohibited trading practice . the authority may abstain from taking any such decision , if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests , provided that the complainant has identified that information in accordance with article 5 ; ### to take a decision granting the supplier interim relief from the prohibited trading practices . the authority may abstain from taking any such decision , if such decision would risk revealing the identity of a complainant or disclosing any other information in respect of which the complainant considers disclosure harmful to his interests , provided that the complainant has identified that information in accordance with article 5 ;


### by 15 march of each year , member states shall send to the commission a report on unfair trading practices in business - to - business relationships in the food supply chain . that report shall contain , in particular , all relevant data on the application and enforcement of the rules under this directive in the member state concerned in the previous year . ### by 15 march of each year , member states shall send to the commission a report on unfair trading practices in business - to - business relationships in the agricultural and food supply chain . that report shall contain , in particular , all relevant data on the application and enforcement of the rules under this directive , as well as on the efficacy of the measures implemented by the enforcement authority in the member state concerned in the previous year .


### to facilitate effective enforcement , the commission should help organise meetings between the enforcement authorities of the member states where best practices can be exchanged and relevant information can be shared . the commission should establish and manage a website to facilitate those exchanges . ### to facilitate effective enforcement , the commission should help organising the meetings of the network where best practices can be exchanged and relevant information can be shared . the commission should establish and manage a website to facilitate those exchanges .


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


### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ; ### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells agricultural and food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ;


### the enforcement authorities shall meet once per year to discuss the application of this directive on the basis of the annual reports referred to in article 9 and best practices in the area it covers . the commission shall facilitate those meetings . ### the purpose of the network is to serve as a platform for structured cooperation between enforcement authorities of the member states and the commission and to streamline the practices of enforcement authorities within the union .


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### an operator shall address a complaint to the enforcement authority of the member state in which the operator suspected to have engaged in a prohibited trading practice is established .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products , as well as to the services related to those products , by a supplier to a buyer that is not a small and medium - sized enterprise .


### different operators are active in the food supply chain at the stages of production , processing , marketing , distribution and retail of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty for use as food , and other food products not listed in that annex but processed from agricultural products for use as food . ### different operators are active in the agricultural and food supply chain at the stages of production , processing , importing , exporting , marketing , distribution , retail and sale to final consumers of food products . the chain is by far the most important channel for bringing food products from “farm to fork” . those operators trade agricultural and food products , that is to say primary agricultural products , including fishery and aquaculture products , as listed in annex i to the treaty , and other food products not listed in that annex but processed from agricultural products for use as food .


### by 15 march of each year , member states shall send to the commission a report on unfair trading practices in business - to - business relationships in the food supply chain . that report shall contain , in particular , all relevant data on the application and enforcement of the rules under this directive in the member state concerned in the previous year . ### by 15 march of each year , member states shall send to the commission a report on the implementation of the directive focusing in particular on unfair trading practices in business - to - business relationships in the agricultural and food supply chain . that report shall contain , in particular , all relevant data on the application and enforcement of the rules under this directive in the member state concerned in the previous year . member state authorities shall ensure dialogue with all relevant stakeholders , including consumers ' organisations , on the functioning of the supply chain in their territory and the effectiveness of their actions in meeting the objectives of this directive .


### a supplier shall address a complaint to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . ### complaints shall be addressed to the enforcement authority of the member state in which the buyer suspected to have engaged in a prohibited trading practice is established . where the buyer is established outside the union , the complaint shall be addressed to the enforcement authority of the member state in which the supplier is located .


### the enforcement authority shall ensure , if so requested by the complainant , the confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for confidentiality . ### the enforcement authority shall ensure , if so requested by the complainant , the anonymity or confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for anonymity or confidentiality . the authority shall guarantee the anonymity or confidentiality of the procedure for the benefit of the defendant . this is without prejudice to the procedural rights of the defendant .


### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions . the review should also pay particular attention to whether protection of small and medium - sized buyers of food products in the supply chain – in addition to the protection of small and medium sized suppliers – in the future would be justified , ### in the interest of an effective implementation of the policy in respect of unfair trading practices in business - to - business relationships in the agricultural and food supply chain , the commission should review the application of this directive and submit a report to the european parliament , the council , the european economic and social committee and the committee of the regions . the review should also pay particular attention to whether protection of small and medium - sized buyers of agricultural and food products in the supply chain in the future would be justified ,


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a pecuniary fine or other sanctions on the author of the infringement , in accordance with national law the fine and the other sanctions shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement ;


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to unfair trading practices which occur in relation to the sales of agricultural and food products by a supplier .


### if a payment is requested by the buyer for the situations described in points , and of paragraph 2 , the buyer shall , if requested by the supplier , provide the supplier with an estimate of the payments per unit or overall , whichever is appropriate , and insofar as the situations described in points and of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate . ### if a payment is requested by the buyer for the situations described in points , and of paragraph 2 , the buyer shall provide the supplier with an estimate of the payments per unit or overall , whichever is appropriate , and insofar as the situations described in points and of paragraph 2 are concerned also an estimate of the costs and the basis for such estimate . those estimates shall be provided in written form by the buyer and agreed by the supplier before the provision of the service concerned .


### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the food supply chain . where a complainant requests that his identity remain confidential because of fear of retaliation , the enforcement authorities of the member states should honour such a request . ### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agricultural and food supply chain . whenever a complaint is logged the enforcement authority of the member states shall , because of the fear of retaliation , guarantee that the complainant’s identity remains anonymous .


### to impose a pecuniary fine on the author of the infringement . the fine shall be effective , proportionate and dissuasive taking into account the nature , duration and gravity of the infringement ; ### to impose a penalties , including pecuniary fines or any other dissuasive penalty on the author of the infringement , in accordance with national legislation . the penalties shall be effective , proportionate to the harm caused and dissuasive taking into account the nature , duration and gravity of the infringement . repeated infringements by the same operator shall be taken into account by the enforcement authority when determining the sanction to be applied ;


### “food products” means products listed in annex i to the treaty intended for use as food as well as products not listed in that annex , but processed from those products for use as food ; ### “agricultural and food products” means products listed in annex i to the treaty as well as products not listed in that annex , but processed from those products for use as food ;


### as unfair trading practices may occur at any stage of the sale of a food product , i . e . before , during or after a sales transaction , member states should ensure that the provisions of this directive should apply to such practices whenever they occur . ### as unfair trading practices may occur at any stage of the sale of an agricultural or food product , i . e . before , during or after a sales transaction , or in connection with the provision of services by the buyer to the supplier , member states should ensure that the provisions of this directive should apply to such practices whenever they occur .


### when deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency - creating agreements agreed between parties . as a result , it is appropriate to distinguish practices that are foreseen in clear and unambiguous terms in supply agreements between parties from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms , so that only unilateral and retrospective changes to those relevant terms of the supply agreement are prohibited . however , certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them . ### when deciding whether an individual trading practice is considered unfair it is important to reduce the risk of limiting the use of fair and efficiency - creating agreements agreed between parties . as a result , it is appropriate to distinguish practices that do not result from an unbalanced power relationship and are foreseen in clear and unambiguous terms in supply agreements between parties , from practices that occur after the transaction has started without being agreed in advance in clear and unambiguous terms , so that only unilateral changes to those relevant terms of the supply agreement are prohibited . however , certain trading practices are considered as unfair by their very nature and should not be subject to the parties’ contractual freedom to deviate from them .


### member states shall ensure that the enforcement authority is properly equipped and shall confer on it the following powers : ### member states shall ensure that the enforcement authorities are properly equipped and shall confer on them the following powers :


### member states shall ensure that the enforcement authority is properly equipped and shall confer on it the following powers : ### member states shall ensure that their enforcement authorities have the necessary resources , including sufficient budgetary and other resources , expertise , procedures and other arrangements as well as a sufficient number of competent personnel at their disposal for the proper performance of their duties and shall confer on them the following powers :


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should ensure the fair and proper functioning of the agricultural and food supply chain and promptly terminate a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines or other sanctions and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing all relevant information and assisting in investigations which have a cross - border dimension .


### the relevant rules should apply to business conduct by larger , that is to say non - small and medium - sized , operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium - sized suppliers . ### the relevant rules must apply to all operators within the food supply chain , irrespective of their size or organisational structure . if , on the contrary , the rules apply to smes alone , this means that cooperatives or other types of association are excluded .


### the enforcement authorities of the member states should have the necessary powers that enable them to effectively gather any factual information by way of information requests . they should have the power to order the termination of a prohibited practice , where applicable . the existence of a deterrent , such as the power to impose fines and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . the commission and the enforcement authorities of the member states should cooperate closely so as to ensure a common approach with respect to the application of the rules set out in this directive . in particular , the enforcement authorities should provide each other mutual assistance , for example by sharing information and assisting in investigations which have a cross - border dimension . ### the enforcement authorities of the member states should have the necessary powers that enable them to perform their duties . they should have the power to order the termination of a prohibited practice , where applicable so as to ensure the fair and proper functioning of the agricultural and food supply chain . the existence of a deterrent , such as the power to impose penalties , including fines or any other sanction and the publication of investigation results , can encourage behavioural change and pre - litigation solutions between the parties and should therefore be part of the powers of the enforcement authorities . it is necessary to establish a union enforcement network , hosted by the commission , aimed at coordinating and facilitating the exchange of information and best practices concerning member states national legislation and experience of enforcement in a coordinated and systematic way so as to ensure a common approach with respect to the application of the rules set out in this directive . the network should also help improving the common understanding on which specific types of business practice should be considered utps and to better address potential cross - border utps .


### with the aim of deepening the relationship between science and society and maximising benefits of their interactions , the programme should engage and involve citizens and civil society organisations in co - designing and co - creating responsible research and innovation agendas and contents , promoting science education , making scientific knowledge publicly accessible , and facilitating participation by citizens and civil society organisations in its activities . it should do so across the programme and through dedicated activities in the part ' strengthening the european research area ' . the engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the programme . the programme should also seek to remove barriers and boost synergies between science , technology , culture and the arts to obtain a new quality of sustainable innovation . ### with the aim of deepening the relationship between science and society and maximising benefits of their interactions , the programme should engage and involve citizens and civil society organisations in co - designing and co - creating responsible research and innovation agendas and disseminating their findings , promoting science , technology , engineering , arts , social and humanistic education and entrepreneurship , making scientific knowledge publicly accessible , and facilitating participation by citizens and civil society organisations in its activities . it should do so across the programme and through dedicated activities in the part ' strengthening the european research area ' . the engagement of citizens and civil society in research and innovation should be coupled with public outreach activities to generate and sustain public support for the programme . the programme should also seek to remove barriers and boost synergies between science , technology , culture and the arts to obtain a new quality of sustainable innovation , for example through appropriate interaction with the creative europe programme .


### be established in cases where they will more effectively achieve objectives of horizon europe than the union alone ; ### be established only in cases where they will offer clearly quantified advantages as compared to other framework programme actions / instruments ;


### open access to research data shall be the general rule under the terms and conditions laid down in the grant agreement , but exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , security rules or intellectual property rights . ### with regard to the dissemination of research data , the grant agreement shall , in the context of fair open access to and the preservation of research data , lay down terms and conditions under which fair access to such results shall be provided , ensuring robust and simple opt - outs following the principle “as open as possible , as closed as necessary” . exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , privacy , confidentiality , security rules , trade secrets , legitimate commercial interests or intellectual property rights or union’s external competitiveness .


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the role of research and innovation in achieving growth , sustainable development and in developing , supporting and implementing union policies , objectives and commitments , and support equitable access to and the uptake of innovative solutions in industry and society to address global challenges and improve people ' s well - being ;


### horizon europe activities shall be primarily delivered through calls for proposals , some of which organised as parts of missions and european partnerships . ### horizon europe activities shall be delivered through calls for proposals , some of which organised as parts of missions and european partnerships , except for the activities mentioned in article 39 on prizes .


### cluster ' inclusive and secure society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , and promoting socio - economic transformations that contribute to inclusion and growth , while responding to the challenges arising from persistent security threats , including cybercrime , as well as natural and man - made disasters . ### cluster ' inclusive and creative society ' : strengthening european democratic values , including rule of law and fundamental rights , safeguarding our cultural heritage , exploring the potential of cultural and creative industries , and promoting socio - economic transformations that contribute to inclusion and growth , including migration management and integration of migrants .


### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to global challenges ; ### to support the creation and diffusion of high - quality new knowledge , skills , technologies and solutions to societal challenges ;


### eur 10 000 000 000 for cluster ' food and natural resources ' ; ### eur 16 000 000 000 for cluster ' food and natural resources from land and sea ' ;


### in order to achieve the greatest possible impact of union funding and the most effective contribution to the union ' s policy objectives , the programme should enter into european partnerships with private and / or public sector partners . such partners include industry , research organisations , bodies with a public service mission at local , regional , national or international level , and civil society organisations such as foundations that support and / or carry out research and innovation , provided that desired impacts can be achieved more effectively in partnership than by the union alone . ### in order to achieve the greatest possible impact of union funding and the most effective contribution to the union ' s policy objectives , the programme may enter into european partnerships with private and / or public sector partners , on the basis of the outcome of the strategic planning . such partners include industry , research organisations including research infrastructures , bodies with a public service mission at local , regional , national or international level , and civil society organisations such as non - governmental organisations and foundations that support and / or carry out research and innovation , provided that desired impacts can be achieved more effectively in partnership than by the union alone .


### for actions benefiting from amounts under article 9 , the participation shall be limited to a single legal entity established in the jurisdiction of the delegating managing authority , except if otherwise agreed with the managing authority and provided for in the work programme . ### for actions benefiting from amounts under article 11 , the participation shall be limited to a single legal entity established in the jurisdiction of the delegating managing authority , except if otherwise agreed with the managing authority and provided for in the work programme .


### the eit , primarily through its knowledge and innovation communities , should aim at strengthening innovation ecosystems that tackle global challenges , by fostering the integration of business , research , higher education and entrepreneurship . the eit should foster innovation in its activities and should support the integration of higher education within the innovation ecosystem , in particular by : stimulating entrepreneurial education , fostering strong non - disciplinary collaborations between industry and academia ; and identifying prospective skills for future innovators to address global challenges , which includes advanced digital and innovation skills . support schemes provided by the eit should benefit to eic beneficiaries , while start - ups emerging from eit kics should have access to eic actions . while the eit’s focus on innovation ecosystems should make it naturally fit within the pillar ' open innovation ' , the planning of its kics should be aligned through the strategic planning process with the pillar ' global challenges and industrial competitiveness ' . ### the eit , primarily through its knowledge and innovation communities , should aim at strengthening innovation ecosystems that tackle global societal challenges , by fostering the integration of business , research , higher education and entrepreneurship . in line with its founding act , the eit regulation1a and the strategic innovation agenda of the eit1b , the eit should foster innovation in its activities and should support the integration of higher education within the innovation ecosystem , in particular by : stimulating entrepreneurial education , fostering strong non - disciplinary collaborations between industry and academia ; and identifying prospective skills for future innovators to address global societal challenges , which includes advanced digital and innovation skills . support schemes provided by the eit should benefit to eic beneficiaries , while start - ups emerging from eit kics should have fast - track access to eic actions . while the eit’s focus on innovation ecosystems should make it naturally fit within the pillar ' innovative europe ' , it should also support all other pillars , as appropriate . the planning of its kics should be aligned through the strategic planning process with the pillar ' global challenges and industrial competitiveness ' . duplication between kics and other instruments in the same field , in particular other partnerships , should be avoided . __________________ 1a regulation 294 / 2008 of the european parliament and of the council of 11 march 2008 , as amended by regulation 1292 / 2013 of the european parliament and of the council of 11 december 2013 …… of the european parliament and of the council .


### be centered on ambitious but realistic research and innovation activities ; ### be centered on ambitious , excellence - driven research and innovation activities across all stages of development ;


### –guarantees the rights of the union to ensure sound financial management and to protect its financial interests . ### –guarantees the rights of the union to ensure sound financial management and to protect its societal , scientific , industrial and financial interests .


### in accordance with article 237 and 237 of the financial regulation , external experts shall be remunerated based on standard conditions . if justified , an appropriate level of remuneration beyond the standard conditions based on relevant market standards , especially for specific high level experts , may be granted . ### in accordance with article 237 and 237 of the financial regulation , independent external experts shall be remunerated based on standard conditions .


### cluster ' food and natural resources ' ; ### cluster ' food , natural resources , seas and oceans ' ;


### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up , an sme or as a mid - cap , established in a member state or associated country . the proposal may be submitted by the beneficiary , or by one or more natural persons or legal entities intending to establish or support that beneficiary . ### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up , an sme or as a mid - cap , established in a member state or efta country .


### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefit and global commitments to implement the un sdgs . international cooperation should aim to strengthen the union ' s research and innovation excellence , attractiveness and economic and industrial competitiveness , to tackle global challenges , as embodied in the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions should be followed , including through appropriate eligibility for funding of entities established in low to middle income countries . at the same time , association of third countries to the programme should be promoted . ### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on union’s interest , reciprocity and mutual benefits and global commitments to implement the un sdgs . international cooperation should aim to strengthen the union ' s excellence in research and innovation , attractiveness and economic and industrial competitiveness , to tackle global societal challenges , as embodied in the un sdgs , and to support the union ' s external policies . an approach of general opening for reciprocal international participation and targeted international cooperation actions should be followed , appropriate eligibility criteria , considering different levels of r&i capacities , for funding of entities established in low to middle income countries need to be applied . at the same time , association of third countries to the programme could be promoted where relevant and where reciprocity is guaranteed for the access of eu entities access to similar funding programmes of the third country .


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges , such as improving people’s well - being , achieve a competitive , sustainable and future - oriented economy and fight climate change ;


### to strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges ; ### to strengthen the eu added value of rdi funding , the impact of research and innovation for the union in developing , supporting and implementing union policies , and support the uptake of innovative solutions in european industry and society to improve people’s well - being ;


### activities to be carried out under the specific programme referred to in article 1 and which are laid down in regulation &#8230 ; . establishing the european defence fund , shall be research with an exclusive focus on defence applications , with the objective to foster the competitiveness , efficiency and innovation of defence industry . ### activities to be carried out under the specific programme referred to in article 1 and which are laid down in regulation &#8230 ; . establishing the european defence fund , shall be research with an exclusive focus on defence applications relevant to the procurement priorities of union member states , with the objective to foster consolidation , competitiveness , efficiency and innovation of the union ' s defence industry .


### the programme should seek synergies with other union programmes , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules . ### in order to break silo approaches within and between union policies , the programme should seek synergies with other union programmes , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . missions should be established to bring all relevant actors around a common purpose . missions should have a clear eu - added value and contribute to reaching union priorities ; they should be bold and inspirational and have clear and significant societal relevance . the eradication of paediatric cancer by 2040 would be a first ambitious yet realistic mission for the union . with a view to avoiding overlaps and duplication , it is necessary to verify interaction with other programmes . in order to increase the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules .


### it is the union ' s objective to strengthen its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities to deliver on the union ' s strategic priorities , which ultimately aim at promoting peace , the union ' s values and the well - being of its peoples . ### it is the union ' s objective to strengthen its scientific and technological bases and encourage its competitiveness , including in its industry , while promoting all research and innovation activities to deliver on the union ' s strategic priorities , which ultimately aim at promoting peace , the union ' s values and the well - being of its citizens , in particular the most disadvantaged ones .


### unless the work programme provides otherwise , proposals shall include a plan for the exploitation and dissemination of the results . if the expected exploitation entails developing , creating , manufacturing and marketing a product or process , or in creating and providing a service , the plan shall include a strategy for such exploitation . if the plan provides for exploitation primarily in non - associated third countries , the legal entities shall explain how that exploitation is still in the union interest . ### unless the work programme provides otherwise , proposals shall include a plan for the exploitation and dissemination of the results . if the expected exploitation entails developing , creating , manufacturing and marketing a product or process , or in creating and providing a service , the plan shall include a strategy for such exploitation in the eu or associated country . if the beneficiary does not manage to justify how that exploitation is in the european union interest , a non - exhaustive license may be granted to a responsible applicant or applicants for exploitation in the european union , upon term that are reasonable under the circumstances . in order to find responsible applicants , the online platforms mentioned under article 35 should be used .


### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up , an sme or as a mid - cap , established in a member state or associated country . the proposal may be submitted by the beneficiary , or by one or more natural persons or legal entities intending to establish or support that beneficiary . ### the beneficiary of the eic accelerator shall be a legal entity qualifying as a start - up or as an sme , established in a member state or associated country . the proposal shall be submitted by the beneficiary , or by one or more natural persons or legal entities intending to establish that beneficiary .


### the work programme shall lay down further details of the application of the award criteria laid down in paragraph 1 , and may specify weightings and thresholds . ### the work programme shall lay down further details of the application of the award criteria laid down in paragraph 1 , and may specify weightings and thresholds , taking into consideration the objectives of the call for proposals .


### the contractor generating results in pre - commercial procurement shall own at least the attached intellectual property rights . the contracting authorities shall enjoy at least royalty - free access rights to the results for their own use and the right to grant , or require the participating contractors to grant , non - exclusive licences to third parties to exploit the results for the contracting authority under fair and reasonable conditions without any right to sub - license . if a contractor fails to commercially exploit the results within a given period after the pre - commercial procurement as identified in the contract , the contracting authorities can require it to transfer any ownership of the results to the contracting authorities . ### the contractor generating results in pre - commercial procurement shall own the attached intellectual property rights . the contracting authorities shall enjoy royalty - free access rights to the results for their own use and the right to grant , or require the participating contractors to grant , non - exclusive licences to third parties to exploit the results for the contracting authority under fair and reasonable conditions without any right to sub - license . if a contractor fails to commercially exploit the results within a given period after the pre - commercial procurement as agreed in the contract , the contracting authorities can require it to transfer any ownership of the results to the contracting authorities .


### adhere to the principles of union added value , transparency , openness , impact , leverage effect , long - term financial commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ; ### adhere to the principles of union added value , transparency , fair openness , impact within and for the union , strong leverage effect , long - term financial commitment of all the involved parties , flexibility , coherence and complementarity with union , local , regional national and international initiatives ;


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures as much as possible . ### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . the ethics assessment shall be carried out by the commission unless it is delegated to the funding body . for actions involving the use of human embryonic stem cells or human embryos , an ethics assessment shall be mandatory . ethics screenings and assessments shall be carried out with the support of ethics experts . the commission and the funding bodies shall ensure the transparency of the ethics procedures .


### open access to research data shall be the general rule under the terms and conditions laid down in the grant agreement , but exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , security rules or intellectual property rights . ### with regard to the dissemination of research data , the grant agreement shall , in the context of fair open access to and the preservation of research data , lay down terms and conditions under which fair access to such results shall be provided , ensuring robust and simple opt - outs following the principle “as open as possible , as closed as necessary” . exceptions shall apply if justified , taking into consideration the legitimate interests of the beneficiaries and any other constraints , such as data protection rules , privacy , confidentiality , security rules , trade secrets , legitimate commercial interests or intellectual property rights or union’s external competitiveness .


### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 94 100 000 000 in current prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund . ### the financial envelope for the implementation of the framework programme for the period 2021 &#8211 ; 2027 shall be eur 120 000 000 000 in constant prices for the specific programme referred to in article 1 and , in addition , the amount for the specific programme referred to in article 1 , as laid down in regulation&#8230 ; . establishing the european defence fund .


### the programme shall ensure the effective promotion of gender equality and the gender dimension in research and innovation content . particular attention shall be paid to ensuring gender balance , subject to the situation in the field of research and innovation concerned , in evaluation panels and in bodies such as expert groups . ### the programme shall ensure the effective promotion of gender equality , inter alia through enabling a better family / work life balance , and the gender dimension in research and innovation content . particular attention shall be paid to ensuring accessibility and gender balance , subject to the situation in the field of research and innovation concerned , across the various parts of the programme , and notably in evaluation panels and in bodies such as expert groups .


### the pillar ' global challenges and industrial competitiveness ' should be established through clusters of research and innovation activities , in order to maximise integration across the respective work areas while securing high and sustainable levels of impact in relation to the resources that are expended . it will encourage cross - disciplinary , cross - sectoral , cross - policy and cross - border collaboration in pursuit of the un sdgs and the competitiveness of the union ' s industries therein . ### the pillar ' global challenges and european industrial competitiveness ' should be established through clusters of research and innovation activities , in order to maximise integration across the respective work areas while securing high and sustainable levels of impact for the union in relation to the resources that are expended . it will encourage cross - disciplinary , cross - sectoral , cross - policy and cross - border collaboration in pursuit of the un sdgs , and where needed to address societal challenges , the reduction of the rdi divide within the union and the competitiveness of the union ' s industries therein . the activities under this pillar should cover the full range of research and innovation activities such as basic and applied research , development , piloting , demonstration , and support for public procurement , pre - normative research and standard setting , and market uptake of innovations to ensure that europe stays at the cutting - edge or research in strategically defined priorities .


### cluster ' inclusive and secure society ' ; ### cluster ' inclusive society ' ;


### cluster ' inclusive and secure society ' ; ### cluster ' inclusive and creative society ' ;


### may receive support from the european regional development fund , the cohesion fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , provided that such actions are consistent with the objectives of the programme concerned . the rules of the fund providing support shall apply . ### may receive support from national or regional funds , including from the european regional development fund , the cohesion fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , without requiring any further application and evaluation and provided that such actions are consistent with the objectives of the programme concerned . with the exception of state aid rules , the rules of the fund providing support shall apply .


### be open to multiple , bottom - up solutions . ### be open to multiple bottom - up solutions and approaches .


### horizon europe activities shall be primarily delivered through calls for proposals , some of which organised as parts of missions and european partnerships . ### horizon europe activities shall be delivered through calls for proposals , some of which organised as parts of missions and european partnerships , except for the activities mentioned in article 39 on prizes .


### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefit and global commitments to implement the un sdgs . international cooperation should aim to strengthen the union ' s research and innovation excellence , attractiveness and economic and industrial competitiveness , to tackle global challenges , as embodied in the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions should be followed , including through appropriate eligibility for funding of entities established in low to middle income countries . at the same time , association of third countries to the programme should be promoted . ### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on union’s interest , reciprocity and mutual benefits and global commitments to implement the un sdgs . international cooperation should aim to strengthen the union ' s excellence in research and innovation , attractiveness and economic and industrial competitiveness , to tackle global societal challenges , as embodied in the un sdgs , and to support the union ' s external policies . an approach of general opening for reciprocal international participation and targeted international cooperation actions should be followed , appropriate eligibility criteria , considering different levels of r&i capacities , for funding of entities established in low to middle income countries need to be applied . at the same time , association of third countries to the programme could be promoted where relevant and where reciprocity is guaranteed for the access of eu entities access to similar funding programmes of the third country .


### the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions . ### the action may also be terminated where expected results have lost their relevance for the union due to scientific , technological or economic reasons , including in the case of eic and missions , their relevance as part of a portfolio of actions . the commission shall undergo a procedure with the action coordinator and stakeholders before it can decide to terminate an action .