### assisting member states to implement consistently the union policy and law regarding cybersecurity notably in relation to directive 2016 / 1148 , including by means of opinions , guidelines , advice and best practices on topics such as risk management , incident reporting and information sharing , as well as facilitating the exchange of best practices between competent authorities in this regard ; ### assisting member states to implement consistently the union policy and law regarding cybersecurity notably in relation to directive 2016 / 1148 , including by means of opinions , guidelines , advice and best practices on topics such as secure software and systems development , risk management , incident reporting and information sharing , technical and organisational measures , in particular the establishment of coordinated vulnerability disclosure programmes , as well as facilitating the exchange of best practices between competent authorities in this regard ;


### upon a request by two or more member states concerned , and with the sole purpose of providing advice for the prevention of future incidents , the agency shall provide support to or carry out an ex - post technical enquiry following notifications by affected undertakings of incidents having a significant or substantial impact pursuant to directive 2016 / 1148 . the agency shall also carry out such an enquiry upon a duly justified request from the commission in agreement with the concerned member states in case of such incidents affecting more than two member states . ### upon a request by one or more member states concerned , and with the sole purpose of providing assistance either in the form of advice for the prevention of future incidents , or in the form of assisting in the response to a current large scale incidents , the agency shall provide support to or carry out an ex - post technical enquiry following notifications by affected undertakings of incidentshaving a significant or substantial impact pursuant to directive 2016 / 1148 . the agency shall perform the above activities by receiving relevant information from the affected member states and by utilising its own resources on threat analysis as well as resources on incident response made available from cert eu for that purpose . the agency shall also carry out such an enquiry upon a duly justified request from the commission in agreement with the concerned member states in case of such incidents affecting more than one member state .


### upon a request by two or more member states concerned , and with the sole purpose of providing advice for the prevention of future incidents , the agency shall provide support to or carry out an ex - post technical enquiry following notifications by affected undertakings of incidents having a significant or substantial impact pursuant to directive 2016 / 1148 . the agency shall also carry out such an enquiry upon a duly justified request from the commission in agreement with the concerned member states in case of such incidents affecting more than two member states . ### upon a request by a member state concerned , and with the sole purpose of providing assistance either in the form of advice for the prevention of future incidents , or in the form of assisting in the response to a current large scale incident , the agency shall provide support to or carry out an ex - post technical enquiry following notifications by affected undertakings of incidents having a significant or substantial impact pursuant to directive 2016 / 1148 . the agency shall also carry out such an enquiry upon a duly justified request from the commission in agreement with the concerned member states in case of such incidents affecting more than one member state .


### the agency shall prepare a regular eu cybersecurity technical situation report on incidents and threats based on open source information , its own analysis , and reports shared by , among others : member states ' csirts or nis directive single points of contact ) ; european cybercrime centre at europol , cert - eu . ### the agency shall prepare a regular and in - depth eu cybersecurity technical situation report on incidents and threats based on open source information , its own analysis , and reports shared by , among others : member states ' csirts or nis directive single points of contact ) ; european cybercrime centre at europol , cert - eu . the executive director shall present the public findings to the european parliament .


### aggregating reports from national sources with a view to contribute to establishing common situational awareness ; ### analyzing and aggregating reports from national sources with a view to contribute to establishing common situational awareness ;


### supporting the technical handling of an incident or crisis , including facilitating the sharing of technical solutions between member states ; ### supporting the technical handling of an incident or crisis , based on its own independent expertise and resources including facilitating the sharing of technical solutions between member states ;


### support and promote the development and implementation of the union policy on cybersecurity certification of ict products and services , as established in title iii of this regulation , by : ### support and promote the development and implementation of the union policy on cybersecurity certification of ict products , services and processes , as established in title iii of this regulation , by :


### compiling and publishing guidelines and developing good practices concerning the cybersecurity requirements of ict products and services , in cooperation with national certification supervisory authorities and the industry ; ### compiling and publishing guidelines and developing good practices and cyber hygiene principles concerning the cybersecurity requirements of ict products , services and processes in cooperation with national certification supervisory authorities and the industry ;


### raise awareness of the public about cybersecurity risks , and provide guidance on good practices for individual users aimed at citizens and organisations ; ### raise awareness of the public about cybersecurity risks , and provide trainings and guidance on good practices for individual users aimed at citizens and organisations ;


### the executive board shall be composed of five members appointed from among the members of the management board amongst whom the chairperson of the management board , who may also chair the executive board , and one of the representatives of the commission . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . ### the executive board shall be composed of five members appointed from among the members of the management board amongst whom the chairperson of the management board , who shall not also chair the executive board , and one of the representatives of the commission . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote .


### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised experts representing the relevant stakeholders , such as the ict industry , providers of electronic communications networks or services available to the public , consumer groups , academic experts in the cybersecurity , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities . ### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised experts representing the relevant stakeholders , such as the ict industry , including sme groups , providers of electronic communications networks or services available to the public , consumer groups , academic experts in the cybersecurity , european standards organisations and conformity assessment bodies and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities . the management board shall ensure an appropriate balance between different stakeholder groups .


### the translation services required for the functioning of the agency shall be provided by the translation centre for the bodies of the european union . ### the translation services required for the functioning of the agency shall be provided by the translation centre for the bodies of the european union or other translation services providers in accordance with the procurement rules and within the limits established by the relevant financial rules .


### in so far as is necessary in order to achieve the objectives set out in this regulation , the agency may cooperate with the competent authorities of third countries or with international organisations or both . to this end , the agency may , subject to prior approval by the commission , establish working arrangements with the authorities of third countries and international organisations . these arrangements shall not create legal obligations incumbent on the union and its member states . ### in so far as is necessary in order to achieve the objectives set out in this regulation , the agency may cooperate with the competent authorities of third countries or with international organisations or both . to this end , the agency may , subject to prior approval by the commission , establish working arrangements with the authorities of third countries and international organisations . cooperation with nato , where it takes place , may include joint cybersecurity exercises and joint cyber incident response coordination . these arrangements shall not create legal obligations incumbent on the union and its member states .


### the agency’s host member state shall provide the best possible conditions to ensure the proper functioning of the agency , including the accessibility of the location , the existence of adequate education facilities for the children of staff members , appropriate access to the labour market , social security and medical care for both children and spouses . ### the agency’s host member state shall provide the best possible conditions to ensure the proper functioning of the agency , including a single location for the entire agency , the accessibility of the location , the existence of adequate education facilities for the children of staff members , appropriate access to the labour market , social security and medical care for both children and spouses .


### a european cybersecurity certification scheme shall attest that the ict products and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by , or accessible via , those products , processes , services and systems . ### with a view to ensuring the proper functioning of the internal market while aiming at a high level of cybersecurity , cyber resilience and trust within the union , a voluntary european cybersecurity certification framework shall be introduced . the framework shall provide fair and equal opportunities for all companies in europe . a european cybersecurity certificate shall attest that the ict development procedures , products and / or services has been evaluated , using a standardised methodology for conformity assessment , against specified security standards laid down in a european cybersecurity certification scheme , that have been defined with the aim to protect the availability , integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by , or accessible via , those products , processes , services and systems .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### before preparing candidate schemes referred to in paragraph 1 of this article , the commission shall conduct an open public consultation for all relevant stakeholders . in preparing the consultation the commission shall closely cooperate with the european cybersecurity certification group , enisa and the stakeholder certification group .


### the commission , based on the candidate scheme proposed by enisa , may adopt implementing acts , in accordance with article 55 , providing for european cybersecurity certification schemes for ict products and services meeting the requirements of articles 45 , 46 and 47 of this regulation . ### the commission , based on the candidate scheme proposed by enisa , may adopt delegated acts , in accordance with article 55 , providing for european cybersecurity certification schemes for ict products , services and processes meeting the requirements of articles 45 , 46 and 47 of this regulation .


### enisa shall maintain a dedicated website providing information on , and publicity of , european cybersecurity certification schemes . ### enisa shall maintain a dedicated website providing information on , and publicity of , european cybersecurity certification schemes . enisa shall also strive to provide consumers with relevant information on applicable certification schemes , for example by providing guidelines and recommendations to online and offline marketplaces .


### a european cybersecurity certification scheme shall be so designed to take into account , as applicable , the following security objectives : ### a european cybersecurity certification scheme shall be so designed to take into account , as applicable , objectives linked to the following categories :


### protect data stored , transmitted or otherwise processed against accidental or unauthorised storage , processing , access or disclosure ; ### for products corresponding to assurance level basic or the self - declaratory level of certification , consumer electronic devices as defined in article 2 [ a ] . the european cybersecurity certification schemes for this category shall support the adoption and commercialisation of international standards from and to the single market .


### protect data stored , transmitted or otherwise processed against accidental or unauthorised destruction , accidental loss or alteration ; ### for products corresponding to assurance level substantial , ict products , services and processes performing an industrial control system or used in robotics and autonomous vehicles , or software and hardware terminal equipment used for the provision of essential services for operators as defined in directive 2016 / 1148 . the european cybersecurity certification schemes for this category shall be based on international standards .


### ensure that authorised persons , programmes or machines can access exclusively the data , services or functions to which their access rights refer ; ### for products corresponding to level of certification high , ict products , services and processes used by public administration of a member state . the european cybersecurity certification schemes for this category shall be based on international standards , existing national or multilateral standards in use by member states .


### a european cybersecurity certification scheme may specify one or more of the following assurance levels : basic , substantial and / or high , for ict products and services issued under that scheme . ### a european cybersecurity certification scheme shall specify liability criteria for one or more of the following assurance levels : basic , substantial and / or high , for ict products and services issued under that scheme .


### detailed specification of the cybersecurity requirements against which the specific ict products and services are evaluated , for example by reference to union or international standards or technical specifications ; ### detailed specification of the cybersecurity requirements against which the specific ict products and services are evaluated by reference to standards or technical specifications in accordance with point of article 2 of regulation no 1025 / 2012 ;


### detailed specification of the cybersecurity requirements against which the specific ict products and services are evaluated , for example by reference to union or international standards or technical specifications ; ### detailed specification of the cybersecurity requirements against which the specific ict products , processes and services are evaluated , for example by reference to union or international standards or technical specifications ;


### where applicable , one or more assurance levels ; ### one or more assurance levels of liability of the conformity assessment body in case of a breach of a certified ict products or services ;


### specific evaluation criteria and methods used , including types of evaluation , in order to demonstrate that the specific objectives referred to in article 45 are achieved ; ### specific evaluation criteria and methods used , including types of evaluation , in order to demonstrate that the specific objectives referred to in article 45 are achieved by reference to standards or technical specifications in accordance with point of article 2 of regulation no 1025 / 2012 ;


### where the scheme provides for marks or labels , the conditions under which such marks or labels may be used ; ### where the scheme provides for technical feature information schemes , the conditions under which such technical feature information schemes may be used ;


### rules concerning how previously undetected cybersecurity vulnerabilities in ict products and services are to be reported and dealt with ; ### rules requiring vulnerabilities in ict products and services that are not publicly known to be reported expeditiously by the appropriate authorities to relevant vendors and manufacturers using a coordinated vulnerability disclosure process .


### the natural or legal person which submits its ict products or services to the certification mechanism shall provide the conformity assessment body referred to in article 51 with all information necessary to conduct the certification procedure . ### the natural or legal person which submits its ict products , services or processes to the certification mechanism shall provide the conformity assessment body referred to in article 51 with all information necessary to conduct the certification procedure . the submission can be made with any conformity assessment body referred to in article 51 .


### certificates shall be issued for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met . ### certificates shall be issued for a minimum period of three years . they may then be renewed , under the same conditions , provided extended without cost for further periods , upon attestation by the certificate - holder that the relevant requirements continue to be met . such attestation must be provided no sooner than six months and no later than 15 days before the expiry of the relevant period . extensions of the certificates shall be allowed for the duration of the entire lifespan of the certified product .


### a european cybersecurity certificate issued pursuant to this article shall be recognised in all member states . ### a european cybersecurity certificate issued pursuant to this article shall be recognised in all member states as satisfying local cybersecurity requirements relating to ict products and processes and consumer electronic devices covered by that certificate , taking into account the specified assurance level referred to in article 46 , and there shall be no discrimination between such certificates based either on the member state of origin or the issuing conformity assessment body referred to in article 51 .


### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist . ### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products , services and processes covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the delegated act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist .


### monitor and enforce the application of the provisions under this title at national level and supervise compliance of the certificates that have been issued by conformity assessment bodies established in their respective territories with the requirements set out in this title and in the corresponding european cybersecurity certification scheme ; ### monitor and enforce the application of the provisions under this title at national level and supervise compliance in accordance with the rules adopted by the european cybersecurity certification group pursuant to point of article 53 ;


### monitor and enforce the application of the provisions under this title at national level and supervise compliance of the certificates that have been issued by conformity assessment bodies established in their respective territories with the requirements set out in this title and in the corresponding european cybersecurity certification scheme ; ### monitor and enforce the application of the provisions under this title at national level and verify compliance of the certificates that have been issued by conformity assessment bodies established in their respective territories with the requirements set out in this title and in the corresponding european cybersecurity certification scheme ;


### handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories , investigate , to the extent appropriate , the subject matter of the complaint , and inform the complainant of the progress and the outcome of the investigation within a reasonable time period ; ### handle complaints lodged by natural or legal persons in relation to certificates issued by conformity assessment bodies established in their territories or to self - assessment of conformity made , investigate , to the extent appropriate , the subject matter of the complaint , and inform the complainant of the progress and the outcome of the investigation within a reasonable time period ;


### the commission may , by means of implementing acts , define the circumstances , formats and procedures of notifications referred to in paragraph 1 of this article . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 55 . ### the commission may , by means of delegated acts , define the circumstances , formats and procedures of notifications referred to in paragraph 1 of this article . those delegated acts shall be adopted in accordance with the examination procedure referred to in article 55 .


### the purpose of this directive is to enable qualified entities , which represent the collective interest of consumers , to seek remedy through representative actions against infringements of provisions of union law . the qualified entities should be able to ask for stopping or prohibiting an infringement , for confirming that an infringement took place and to seek redress , such as compensation , repair or price reduction as available under national laws . ### the purpose of this directive is to enable qualified entities , which represent the collective interest of consumers , to seek remedy through representative actions against infringements of provisions of union law . the qualified entities should be able to ask for stopping or prohibiting an infringement , for confirming that an infringement took place and to seek redress , such as compensation , repair , replacement , removal or price reduction , contract termination or reimbursement of the price paid as available under national laws .


### qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement . these measures should take the form of a redress order obligating the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate and as available under national laws . ### qualified entities should be able to seek measures aimed at eliminating the continuing effects of the infringement . these measures should take the form of a redress order obligating the trader to provide for , inter alia , compensation , repair , replacement , removal , price reduction , contract termination or reimbursement of the price paid , as appropriate and as available under national laws .


### in low - value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits . however , if the same practice concerns a number of consumers , the aggregated loss may be significant . in such cases , a court or authority may consider that it is disproportionate to distribute the funds back to the consumers concerned , for example because it is too onerous or impracticable . therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a relevant public purpose , such as a consumer legal aid fund , awareness campaigns or consumer movements . ### in low - value cases most consumers are unlikely to take action in order to enforce their rights because the efforts would outweigh the individual benefits . however , if the same practice concerns a number of consumers , the aggregated loss may be significant . in such cases , notwithstanding the right of individual consumers to claim compensation , a court or authority may consider that , it is disproportionate to distribute the funds back to the consumers concerned , for example because it is too onerous or impracticable . therefore the funds received as redress through representative actions would better serve the purposes of the protection of collective interests of consumers and should be directed to a relevant public purpose , such as a consumer legal aid fund , awareness campaigns or consumer movements . the funds should not be assigned to the qualified entity having brought the action , to avoid conflicts of interest .


### this directive provides for a procedural mechanism , which does not affect the rules establishing substantive rights of consumers to contractual and non - contractual remedies in case their interests have been harmed by an infringement , such as the right to compensation for damages , contract termination , reimbursement , replacement , repair or price reduction . a representative action seeking redress under this directive can only be brought where union or national law provides for such substantive rights . ### this directive provides for a procedural mechanism , which does not affect the rules establishing substantive rights of consumers to contractual and non - contractual remedies in case their interests have been harmed by an infringement , such as the right to compensation for damages , contract termination , reimbursement , replacement , removal , repair or price reduction . a representative action seeking redress under this directive can only be brought where union or national law provides for such substantive rights .


### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued . ### for the purposes of article 5 , member states shall ensure that qualified entities are entitled to bring representative actions seeking a redress order , which obligates the trader to provide for , inter alia , compensation , repair , replacement , removal , price reduction , contract termination or reimbursement of the price paid , as appropriate . a member state may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued .


### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . ### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned .


### as the three so - called tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required and ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission’s in - house research capacities . ### as the three tripartite agencies , - the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training - address issues related to the labour market and working environment and vocational education and training and skills , even closer coordination among the three agencies is required so that the work of the agencies complements each other where they have similar fields of interest , while boosting tools currently working such as , for instance , their existing memorandum of understanding , while ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european institutions’ in - house research capacities .


### text poposed by the commission as the three so - called tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required and ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities . ### as the three so - called tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required and ways to enhance efficiency and synergies should be exploited . in particular , sharing or pooling of administrative tasks between these agencies is envisaged and the agencies should adopt their respective annual work programmes in close co - operation with one another , in order to avoid overlaps . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities .


### analyse trends in living and working conditions and labour market developments ; ### analyse trends in living and working conditions , labour market developments and social exclusion , including vulnerable groups as children , people with disabilities or ethnic minorities ;


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers’ and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european agency for safety and health at work , the european centre for the development of vocational training and , where relevant , with other eu agencies . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies at national level but also in the international sphere , e . g . the international labor organization or the organisation for economic co - operation and development , whether public or private , public authorities and workers’ and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , including the possibility of working jointly , in particular with the european agency for safety and health at work , the european centre for the development of vocational training and , where relevant , with other eu agencies .


### an executive director who shall exercise the responsibilities set out in article 11 . ### an executive director and a deputy director who shall exercise the responsibilities set out in article 11 and 11 a respectively


### the members referred to in points , and shall be appointed by the council on the basis of lists of candidates submitted by the member states , the european employers’ and employees’ organisations respectively . the commission shall appoint the members who are to represent it . ### the members referred to in points , and shall be appointed by the council on the basis of lists of candidates submitted by the member states , the european employers’ and employees’ organizations respectively . the commission shall appoint the members who are to represent it . the european parliament shall appoint the independent experts who are to represent it , after checking by its legal services that they have no conflict of interest .


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


### appoint the executive director and where relevant extend the term of office or remove the executive director from office in accordance with article 19 ; ### appoint the executive director and the deputy director , ensuring a strict gender balanced representation between them , and where relevant extend the term of office or remove both from office in accordance with article 19 ;


### appoint the executive director and where relevant extend the term of office or remove the executive director from office in accordance with article 19 ; ### appoint the executive director and where relevant renew the term of office or remove the executive director from office in accordance with article 19 ;


### the executive board shall be composed of the chairperson of the management board , the three deputy chairpersons , the coordinators of the three groups as referred to in article 4 and one representative of the commission . each group referred to in article 4 may designate up to two alternates to attend the meetings of the executive board , in the absence of the full members . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . ### the executive board shall be composed of the chairperson of the management board , the three deputy chairpersons , the coordinators of the three groups as referred to in article 4 , one more representative of each group and one representative from each european union institution , the parliament and the commission . each group referred to in article 4 may designate up to two alternates to attend the meetings of the executive board , aiming to achieve a balanced representation between men and women when designate alternates . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote .


### executive director ### rules applying to the executive director and , mutatis mutandis , to the deputy director


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission after obtaining the consent of the management board which must be involved in the process of short - listing the candidates and can act by written procedure if necessary , and following an open and transparent selection procedure . once appointed the new executive director must attend a hearing in the competent european parliament committee .


### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 3 , may extend the term of office of the executive director once , for no more than five years . ### the management board , acting on a proposal from the commission that takes into account the assessment referred to in paragraph 3 , may renew the term of office of the executive director once , for no more than five years .


### an executive director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period . ### an executive director whose term of office has been renewed may not participate in another selection procedure for the same post at the end of the overall period .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission based on an objective assessment of his / her performance as executive director .


### the agency may establish local offices in one or more member states , subject to their consent and in accordance with article 11 . ### the agency may establish one liaison office in brussels , subject to their consent and in accordance with article 11 .


### no later than 5 years after the date referred to in article 37 , and every 5 years thereafter , the commission shall perform an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . ### no later than 5 years after the date referred to in article 37 , and every 5 years thereafter , the commission shall submit an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification .


### the deputy director the agency appointed on the basis of article 8 of regulation no 1365 / 75 of the council shall , for the remaining period of his / her term of office assist the director or executive director . ### the deputy director the agency appointed on the basis of article 8 of regulation no 1365 / 75 of the council shall , for the remaining period of his / her term of office be assigned to the responsibilities of the deputy director as provided for in article 11a of this regulation . the other conditions of his / her contract shall remain unchanged .


### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects cannot be reallocated because its purpose is to address root causes of migration . ### only where it concerns the need to address urgencies and crisis situations that could arise within the mandate period and which are recognised as union external policy priorities , the ceiling for reallocation between the regions by the eib in the course of the mandate should be increased from 10 % to 20 % . the eib should notify the european parliament any reallocation decision by providing a justification report and an impact assessment . the private sector mandate of eur 2 300 000 000 and the amount of eur 1 400 000 000 dedicated to public sector projects cannot be reallocated because its purpose is to address root causes of migration .


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen as a priority the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor and evaluate the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ;


### over the period covered by this decision , the eib should endeavour to sustain the current high level of climate - relevant operations , while the minimum volume of those operations shall represent at least 25 % of the total eib financing operations . ### over the period covered by this decision , the eib should endeavour to sustain the current high level of climate - relevant operations , while the minimum volume of those operations shall represent at least 25 % of the total eib financing operations , gradually increasing that target to at least 35% by 2020 .


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


### 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 . ### european research priorities extend beyond scientific ambitions . they include support for human well - being , environmental stability and economic sustainability . 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 . it will also facilitate the development of appropriate metrics and evaluation criteria methodologies to measure policy and programme impact on all dimensions of sustainable development , including human development .


### in line with the objectives of international cooperation as set out in articles 180 and 186 tfeu , the participation of legal entities established in third countries and of international organisations should be promoted . the implementation of the programme should be in conformity with the measures adopted in accordance with articles 75 and 215 tfeu and should be in compliance with international law . for actions related to union strategic assets , interests , autonomy or security , the participation to specific actions of the programme may be limited to entities established in member states only , or to entities established in specified associated or other third countries in addition to member states . ### in line with the objectives of international cooperation as set out in articles 180 and 186 tfeu , the participation of legal entities established in third countries and of international organisations should be promoted . in support of the participation of entities established in third countries , training and information activities shall be provided to the national contact points and to all relevant stakeholders from research organisations to private sector , civil society , as well as local and national authorities . the implementation of the programme should be in conformity with the measures adopted in accordance with articles 75 and 215 tfeu and should be in compliance with international law . for actions related to union strategic assets , interests , autonomy or security , the participation to specific actions of the programme may be limited to entities established in member states only , or to entities established in specified associated or other third countries in addition to member states .


### through the following activities , this pillar will , in line with article 4 , 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 . it will also contribute to the other programme ' s specific objectives as described in article 3 . ### through the following activities , this pillar will , in line with article 4 , strengthen the impact of research and innovation in developing , supporting and implementing union policies , contribute to the fulfilment of the un 2030 agenda for sustainable development and support the uptake of innovative solutions in industry and society to address global challenges . it will also contribute to the other programme ' s specific objectives as described in article 3 .


### areas of intervention : environmental observation ; biodiversity and natural capital ; agriculture , forestry and rural areas ; sea and oceans ; food systems ; bio - based innovation systems ; circular systems ### areas of intervention : environmental observation ; biodiversity and natural capital ; agriculture , forestry and rural areas ; sea and oceans ; food systems ; bio - based innovation systems ; circular systems ; bioeconomy ; precision agriculture ; food and nutrition ; food for health .


### online intermediation services are key enablers of entrepreneurship , trade and innovation , which can also improve consumer welfare and which are increasingly used by both the private and public sectors . they offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market . they also allow consumers in the union to exploit those benefits , in particular by increasing their choice of goods and services offered online . ### online intermediation services are key enablers of entrepreneurship , trade and innovation . new technologies and their evolution have created new opportunities and business models , alternative to the traditional ones , boosting consumer welfare and which are increasingly used by both the private and public sectors . they offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market . they also allow consumers in the union to exploit those benefits , in particular by increasing their choice of goods and services offered online . although they also create uncertainty in social and economic agents about their fiscal and labour responsibilities before the consumer , due to certain grey areas in legislation that we must clarify .


### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . ### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . considering the new economic context and digitalization of all facets of economy and society , the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union .


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


### similarly , online search engines can be important sources of internet traffic for undertakings which offer goods or services to consumers through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the internal market . in this regard , the ranking of websites by providers of online search engines , including of those websites through which corporate website users offer their goods and services to consumers , has an important impact on consumer choice and the commercial success of those corporate website users . even in the absence of a contractual relationship with corporate website users , providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of corporate website users and , indirectly , also of consumers in the union . ### similarly , online search engines can be important sources of internet traffic for undertakings which offer goods or services to consumers through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the internal market . in this regard , the ranking of websites by providers of online search engines , including of those websites through which corporate website users offer their goods and services to consumers , has an important impact on consumer choice and the commercial success of those corporate website users . even in the absence of a contractual relationship with corporate website users , providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of corporate website users and , indirectly , also of consumers in the union . thus , it is fundamental that companies behave in a responsible manner , bearing in mind sustainability and societal interests .


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


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


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether and where the transactions are ultimately concluded . such intermediation services should include device operating systems , as applications and services through such operating systems can be an important channel to market for businesses . in addition , the services should be provided on the basis of contractual relationships between the providers and business users which offer goods and services to consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required .


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they initiate transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded on the online portal of the provider of the online intermediation services in question or that of the business user . in addition , the services should be provided on the basis of contractual relationships both between the providers of online intermediation services or between business users and consumers where providers act as intermediaries towards consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . the purpose of this regulation is to establish provisions relating to those information society services which , in addition to the above requirements , perform a function of ' intermediation ' in an online marketplace . the mere presence of advertising on a webpage should not in itself mean that the webpage falls under the scope of this regulation .


### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned . ### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services such as application stores , and online social media services . services that partially operate offline , for example for the purpose of data consumption saving , should also be understood as online intermediation services ; as the local storage and the computing power of devices increase rapidly , such a flexibility in assessing the online character of a service is crucial to limit the risk of bypassing the present proposition of regulation . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned .


### in order to effectively protect business users where needed , this regulation should apply where the terms and conditions of a contractual relationship , regardless of their name or form , are not individually negotiated by the parties to them . whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment , whereby the fact that certain provisions thereof may have been individually negotiated is , in itself , not decisive . ### in order to effectively protect business users where needed , this regulation should apply regardless of whether terms were individually negotiated or not .


### in order to effectively protect business users where needed , this regulation should apply where the terms and conditions of a contractual relationship , regardless of their name or form , are not individually negotiated by the parties to them . whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment , whereby the fact that certain provisions thereof may have been individually negotiated is , in itself , not decisive . ### in order to effectively protect business users where needed , this regulation should apply regardless of whether the provider of an online intermediation service and a business user are parties to an agreement that they individually negotiated .


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


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to apply restriction or sanctions to business users such as suspension or termination of the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user and consumers concerned , the business user concerned should be immediately informed of the decision and receive the reasons thereof . if the decision is based on notifications by third parties , these notifications should be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed an diligent decision . providers should therefore be required to pass on the contents of such notifications to the business user in order to allow them to refute obviously wrongful notices . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . as providers of intermediation services may work with additional distribution channels or affiliate programs , transparency towards business users should be ensured in that regard . business users should have the right to make adjustments on channels where their offers are traded . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend , delist or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . it can also be under a legal obligation to remove certain content , or to suspend or terminate the provision of its services in whole or in part . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed in advance of the termination or suspension , except for in cases where a provider of online intermediation services is under a legal obligation to terminate its services immediately . there could also be cases in which the provider of the online intermediation service is not under a legal obligation to terminate its services , for example due to illegal or unsafe products or services being marketed , but where the provider has reasonable doubts regarding the safety of a product or service , counterfeiting , fraud , or suitability of the product or service to minors . in such cases , it should be possible for the provider of the online intermediation service to act immediately to protect consumers . however , in these exceptional cases where services could be terminated immediately , the business user should in any case be provided with a statement of reasons for the termination of the service . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision , except in cases where a provider of online intermediation services is under a legal obligation not to disclose them . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , such as default settings , that it might give in respect of goods or services it offers itself compared to those offered by business users . providers of online intermediation services should therefore not be allowed to provide any good or service under their direct or indirect control as a default option without first giving consumers the possibility to select among different competing options available when using the online intermediation service for the first time . differentiated treatment should only be allowed to the extent that competition law is fully complied with . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . moreover , as online intermediaries often own more than one platform or website , they should inform business users that sign a contract for listing with them , of which platforms or websites the listing is displayed on .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services or online search engine itself offers certain goods or services to consumers through its own online intermediation services or online search engine , or does so through a business user which it controls , that provider may compete directly with other business or corporate website users of its services which are not controlled by the provider . in such situations , in particular , it is important to establish a general rule that the provider of online intermediation services or online search engine acts in a manner which is proportionate , transparent and not detrimental to competition . providers of online intermediation services or online search engines should make available a description of any differentiated treatment , whether through legal , commercial or technical means , including but not limited to the setting of a default option that favours the provider or online search engine or any entity it controls , that it might give in respect of goods or services it offers itself compared to those offered by business or corporate website users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services .


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


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### the purpose of this regulation is to contribute to the well functioning of the internal market and to lay down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities .


### ' business user ' means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade , business , craft or profession ; ### ' business user ' means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade , business , craft or profession , including individuals working or providing services by personally providing work via online intermediation services ;


### ' business user ' means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade , business , craft or profession ; ### ' business user ' means any natural or legal person which through online intermediation services offers or promotes goods or services to consumers for purposes relating to its trade , business , craft or profession ; including in the field of transport and individuals working or providing services by personally providing work via online intermediation services ;


### ‘ online search engine’ means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ‘ online search engine’ means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase , vocal request or other input , and returns results in any format in which information related to the requested content can be found ;


### ' corporate website user ' means any natural or legal person which uses websites to offer goods or services to consumers for purposes relating to its trade , business , craft or profession ; ### ' corporate website user ' means any natural or legal person which uses an online interface , meaning any software , including a website or a part thereof and applications , including mobile applications , to offer or promote goods or services to consumers for purposes relating to its trade , business , craft or profession ;


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


### are drafted in clear and unambiguous language ; ### are drafted in clear and unambiguous language , are objective and non - discriminatory ;


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out the objective grounds for decisions to suspend , terminate or impose any other kind of sanction upon , in whole or in part , the provision of their online intermediation services to business users .


### providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions . ### providers of online intermediation services shall inform business users on their additional distribution channels and potential affiliate programmes that they are going to serve with the offers of business users . business user shall be granted the right to ask for their removal from such additional distribution channels . providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days and not more than 30 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications .


### differentiated treatment ### differentiated treatment and unfair commercial practices


### the description referred to in paragraph 1 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services relating to any of the following : ### the description referred to in paragraph 1 and 2 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services or the provider of online search engines , relating to any of the following :


### the description referred to in paragraph 1 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services relating to any of the following : ### the description referred to in paragraph 1 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services or the provider of the operating system relating to any of the following :


### whether the provider of online intermediation services has access to personal data or other data , or both , which business users or consumers provide for the use of those services or which are generated through the provision of those services , and if so , to which categories of such data and under what conditions ; ### whether the provider of online intermediation services or of search engine has access to personal data or other data , or both , which business users , corporate websites or consumers provide for the use of those services or which are generated through the provision of those services , and if so , to which categories of such data and under what conditions ;


### communicate to the complainant the outcome of the internal complaint - handling process , in an individualised manner and drafted in clear and unambiguous language . ### communicate to the complainant the outcome of the internal complaint - handling process and drafted in clear and unambiguous language . a first response to any complaint should come no later than 14 days .


### any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process . ### any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time before . during or after the mediation process . initiation of judicial proceedings is not conditional on the initiation of a mediation process .


### the right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts , in accordance with the rules of the law of the member state where the action is brought , to address any non - compliance by providers of online intermediation services with the relevant requirements laid down in this regulation . ### the right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before the courts from the habitual residence of the business users or corporate website users or before courts from the place where the harmful event occurred or may occur , in accordance with the rules of the law of the member state where the action is brought , to address any non - compliance by providers of online intermediation services and search engines with the relevant requirements laid down in this regulation .


### in carrying out the evaluation of this regulation , the commission shall take into account the opinions and reports presented to it by the group of experts for the observatory on the online platform economy established in accordance with the commission decision c2393 . it shall also take into account the content and functioning of any codes of conduct referred to in article 13 , where appropriate . ### in carrying out the evaluation of this regulation , the commission shall take into account the opinions and reports presented to it by the group of experts for the observatory on the online platform economy established in accordance with the commission decision c2393 . it shall also take into account the content and functioning of any codes of conduct referred to in article 13 , where appropriate . following the evaluation , the commission shall , where necessary , present corrective legislative proposals .


### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health . ### pursuant to article 3 teu , the union in establishing an internal market is working for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health .