### (22) specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. however , it should be ensured , in case of gaps in the sectorial legislation , that the relevant economic operators and national authorities take into consideration risks linked to new technologies , respectively when designing the products and assessing them , in order to ensure that changes introduced in the product do not jeopardise its safety. ### (22) specific cybersecurity risks affecting the safety of consumers as well as protocols and certifications can be dealt with by sectorial legislation. products which are complaint with [regulation (eu) no 2022/30] , or other union legal acts applicable to the product in question , should be considered as being in compliance with this regulation in regard to the cybersecurity requirements. however , it should be ensured that , in exceptional cases where the sectorial legislation cannot be applied , the relevant economic operators and national authorities take into consideration risks linked to new technologies , respectively when designing the products and assessing them , in order to ensure that changes introduced in the product do not jeopardise its safety.


### (23) the safety of products should be assessed taking into account all the relevant aspects , notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products , in particular children , older persons and persons with disabilities. therefore , if specific information is necessary to make products safe toward a given category of persons , the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. ### (23) the safety of products should be assessed taking into account the characteristics of the product , including its composition , packaging , instructions , taking into account the nature of the product , for assembly , maintenance or commissioning; product appearance , labelling; warnings and instructions for its use and any other information made available to the consumer with regard to the product. furthermore , the specific needs and risks for categories of consumers who are likely to use the products , in particular children , older persons and persons with disabilities. therefore , if specific information is necessary to make products safe toward a given category of persons , the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.


### (36) product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. consumers should also be protected against dangerous products in the same way in the offline and online sales channels , including when purchasing products on online marketplaces. building on the provisions of regulation (eu) …/…[the digital services act]concerning the traceability of traders , online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this regulation. such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. however , the online marketplace should not be responsible for verifying the completeness , correctness and the accuracy of the information itself , as the obligation to ensure the traceability of products remains with the trader. ### (36) product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. consumers should also be protected against dangerous products in the same way in the offline and online sales channels , including when purchasing products on online marketplaces. building on the provisions of regulation (eu) …/…[the digital services act]concerning the traceability of traders , online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this regulation. where applicable , such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. marketplaces should be allowed a degree of flexibility concerning listings such as custom or craft products. similarly , microenterprises or one-person businesses should be exempted from certain obligations , in order to avoid unnecessary side-effects such as disclosure of personal information. however , the online marketplace should not be responsible for verifying the completeness , correctness and the accuracy of the information itself , as the obligation to ensure the traceability of products remains with the trader.


### (37) it is also important that online marketplaces closely cooperate with the market surveillance authorities , law enforcement authorities and with relevant economic operators on the safety of products. an obligation of cooperation with market surveillance authorities is imposed on information society service providers under article 7(2) of regulation (eu) 2019/1020 in relation to products covered by that regulation and should therefore be extended to all consumer products. for instance , market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. for these tools to be operational , online marketplaces should grant access to their interfaces. moreover , for the purpose of product safety , market surveillance authorities may also need to scrape data from the online marketplaces. ### (37) it is also important that online marketplaces closely cooperate with the market surveillance authorities , law enforcement authorities and with relevant economic operators on the safety of products. for example marketplaces could elevate their online interface to redirect consumers to valuable information on recalls , listed by relevant market surveillance authorites. an obligation of cooperation with market surveillance authorities is imposed on information society service providers under article 7(2) of regulation (eu) 2019/1020 in relation to products covered by that regulation and should therefore be extended to all consumer products. for instance , market surveillance authorities are constantly improving the technological tools they use for the online market surveillance to identify dangerous products sold online. for these tools to be operational , online marketplaces should grant access to their interfaces. moreover , for the purpose of product safety , market surveillance authorities may also need to scrape data from the online marketplaces.


### 5. this regulation shall be applied taking due account of the precautionary principle. ### 5. this regulation shall be applied taking due account of the risk-based approach.


### 1. ‘product’ means any item , interconnected or not to other items , supplied or made available , whether for consideration or not , in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can , under reasonably foreseeable conditions , be used by consumers even if not intended for them; ### 1. ‘product’ means any item , supplied or made available , whether for consideration or not , in the course of a commercial activity including in the context of providing a service – which is intended for consumers or can , under reasonably foreseeable conditions , be used by consumers even if not intended for them;


### 2. ‘safe product’ means any product which , under normal or reasonably foreseeable conditions of use or misuse , including the actual duration of use , does not present any risk or only the minimum risks compatible with the product's use , considered acceptable and consistent with a high level of protection of health and safety of consumers; ### 2. ‘safe product’ means any product which , under normal or reasonably foreseeable conditions of use , including the actual duration of use , does not present any risk or only the minimum risks compatible with the product's use , considered acceptable and consistent with a high level of protection of health and safety of consumers;


### 14. ‘online marketplace’ means a provider of an intermediary service using software , including a website , part of a website or an application , operated by or on behalf of a trader , which allows consumers to conclude distance contracts with other traders or consumers for the sale of products covered by this regulation; ### 14. ‘online marketplace’ means a provider of an intermediary service using software , including a website , part of a website or an application , operated by or on behalf of a trader , which allows consumers to conclude distance contracts with traders for the sale of products covered by this regulation;


### 23. ‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the consumer; ### 23. ‘recall’ means any measure aimed at achieving the return of a dangerous product that has already been made available to the consumer;


### if it conforms to relevant european standards or parts thereof as far as the risks and risk categories covered are concerned , the references of which have been published in the official journal of the european union in accordance with article 10(7) of regulation (eu) 1025/2012; ### if it conforms to relevant european standards or parts thereof as far as the risks and risk categories covered are concerned , the references of which have been published in the official journal of the european union in accordance with article 10(6) of regulation (eu) 1025/2012;


### in the absence of european standards referred to in point (a) , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national requirements. ### in the absence of european standards referred to in point (a) , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national requirements and complies fully with regulation (eu) 2019/515.


### 2. the commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the european standards satisfy the general safety requirement laid down in article 5. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(3). ### 2. the commission may adopt implementing acts determining the specific safety requirements necessary to the general safety requirement laid down in article 5 where the following conditions have been fulfilled:


### 1. where the presumption of safety laid down in article 5 does not apply , the following aspects shall be taken into account in particular when assessing whether a product is safe: ### 1. where the presumption of safety laid down in article 6 does not apply , the following aspects shall be taken into account when assessing whether a product is safe:


### the effect that other products might have on the product to be assessed , including the effect of non-embedded items that are meant to determine , change or complete the way another product falling under the scope of this regulation works , which have to be taken into consideration in assessing the safety of that other product; ### the effect that other products might have on the product to be assessed , when the interaction of those other products are reasonably foreseeable;


### the appropriate cybersecurity features necessary to protect the product against external influences , including malicious third parties , when such an influence might have an impact on the safety of the product; ### when required by the nature of product , the appropriate cybersecurity features necessary to protect the product against unplanned external influences , including malicious third parties , when such an influence might have an impact on the safety of the product or measures to mitigate the impact on safety to an acceptable level;


### the evolving , learning and predictive functionalities of a product. ### the evolving , learning and predictive functionalities of a product when such an influence has an impact on the safety of the product;


### manufacturers shall make publicly available to consumers , communication channels such as telephone number , electronic address or dedicated section of their website , allowing the consumers to file complaints and to inform them of any accident or safety issue they have experienced with the product. ### manufacturers shall make publicly available to consumers , communication channels such as telephone number , electronic address or dedicated section of their website , allowing the consumers to file complaints and to inform the manufacturer of any accident or safety issue they have experienced with the product.


### personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded. ### by … [6 months after the date of entry into force of this regulation] the commission shall publish guidelines with regard to the relationship between this regulation and regulation (eu) 2016/679 , especially on the retention policy concerning personal data stored in the register of complaints.


### 3. manufacturers shall keep distributors , importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified. ### 3. manufacturers shall keep distributors , importers and online marketplaces in the concerned downstream supply chain informed of any relevant safety issue that they have identified.


### 7. manufacturers shall indicate their name , registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the product or , where that is not possible , on its packaging or in a document accompanying the product. the address shall indicate a single contact point at which the manufacturer can be contacted. ### 7. manufacturers shall indicate their name , registered trade name or registered trade mark , the website and postal and electronic address at which they can be contacted on the product or on its packaging or in a document accompanying the product. the address shall indicate a single contact point at which the manufacturer can be contacted.


### 8. manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available. this requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. ### 8. manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available. this requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. the instructions may be provided in a digital format unless otherwise requested by consumers at the time of purchase of the product. consumers shall be informed about the opportunity to obtain non-digital instructions and safety information prior to the transaction.


### 10. manufacturers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe , shall immediately take the corrective measures necessary to bring the product into conformity , including a withdrawal or recall , as appropriate. ### 10. manufacturers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe , shall immediately take the corrective measures necessary to bring the product into conformity , including a withdrawal or recall , understood also as ceasing of functioning or of utilising the product , as appropriate.


### 11. manufacturers shall , via the safety business gateway referred to in article 25 , immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the member states in which the product has been made available to that effect , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. ### 11. where a corrective measure has been taken by a market surveillance authority or where a manufacturer is to act on its own initiative after discovering a relevant risk , consumers shall be notified of the risk to their health and safety presented by a product to that effect , giving details , in particular , of the risk to health and safety of the consumer and of any corrective measure already taken. relevant market surveillance authority shall be notified about the approximate number of products in question , left on the market. the notification shall be made via the safety portal referred to in article 32 or the safety business gateway referred to in article 25 , respectively , or where appropriate via tools provided for in paragraph 2 of this article.


### 1. a manufacturer may , by a written mandate , appoint an authorised representative. ### 1. a manufacturer may , by a written mandate , appoint an authorised representative. a copy of the mandate shall be made available to the relevant market surveillance authorities.


### 8. importers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe shall immediately inform the manufacturer and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall , as appropriate. in case such measures have not been adopted , the importer shall adopt them. importers shall ensure that , through the safety business gateway referred to in article 25 , consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the member states in which they made the product available to that effect be immediately informed , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. ### 8. importers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe shall immediately inform the manufacturer and relevant market surveillance authorities , including information about the approximate number of products in question , left on the market , and ensure that the corrective measures necessary to bring the product into conformity are adopted including withdrawal or recall , as appropriate. in case such measures have not been adopted , the importer shall adopt them. importers shall ensure that , through the safety business gateway referred to in article 25 , consumers are immediately and effectively alerted of the risk where applicable and that market surveillance authorities of the member states in which they made the product available to that effect be immediately informed , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken.


### cases in which obligations of manufacturers apply to other economic operators ### substantial modification of the product


### the changes have not been made by the consumer for their own use. ### the changes have not been made by the consumer for their own use or are performed upon specific request by the consumer in order to customise the product;


### 5. economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. market surveillance authorities may request the economic operators to submit regular progress reports and decide whether or when the corrective measure can be considered completed. ### 5. economic operators shall ensure that the corrective measure undertaken is effective in eliminating or mitigating the risks. market surveillance authorities may request the economic operators to submit regular progress reports where required by the magnitude of the risk or inefficient corrective actions by the economic operator , and decide whether or when the corrective measure can be considered completed.


### 1. article 4(1) , (2) and (3) of regulation (eu) 2019/1020 shall also apply to products covered by this regulation. for the purposes of this regulation , references to “union harmonisation legislation” in article 4(1) , (2) and (3) of regulation (eu) 2019/1020 shall be read as “regulation […]”. ### 1. for the products , categories or groups of products covered by a delegated act referred to in paragraph 2b of this article , article 4(1) , (2) and (3) of regulation (eu) 2019/1020 shall also apply to high-risk products. for the purposes of this regulation , references to “union harmonisation legislation” in article 4(1) , (2) and (3) of regulation (eu) 2019/1020 shall be read as “regulation […]”


### 3. the name , registered trade name or registered trade mark , and contact details , including the postal and electronic address , of the economic operator referred to in article 4(1) of regulation (eu) 2019/1020 shall be indicated on the product or on its packaging , the parcel or an accompanying document. ### 3. the name , registered trade name or registered trade mark , website and contact details , including the postal and electronic address , of the economic operator referred to in article 4(1) of regulation (eu) 2019/1020 shall be indicated on the product or on its packaging , the parcel or an accompanying document.


### member states shall put in place procedures for providing economic operators , at their request and free of charge , with information with respect to the implementation of this regulation. ### member states shall put in place procedures for providing economic operators , at their request and free of charge , with information with respect to the national transposition and implementation of union harmonisation legislation applicable to products. for this purpose , article 9(1) , (4) and (5) of regulation (eu) 2019/515 shall apply.


### the modalities to display and to access data , including placement of a data carrier on the product , its packaging or accompanying documents as referred to in paragraph 2. ### deleted


### information to identify the product , including its type and , when available , batch or serial number and any other product identifier; ### pictures and other information to identify the product , including its type and , when available , and any other product identifier that allows the product type to be identified;


### 1. the manufacturer shall ensure that , through the safety business gateway referred to in article 25 , an accident caused by a product placed or made available on the market is notified , within two working days from the moment it knows about the accident , to the competent authorities of the member state where the accident has occurred. the notification shall include the type and identification number of the product as well as the circumstances of the accident , if known. the manufacturer shall notify , upon request , to the competent authorities any other relevant information. ### 1. the manufacturer shall ensure that , through the safety business gateway referred to in article 25 , an accident demonstrably caused by a product placed or made available on the market is notified , within two working days from the moment it knows about the accident , to the competent authorities of the member state where the accident has occurred. the notification shall include the type and identification number of the product as well as the circumstances of the accident , if known. the manufacturer shall notify , upon request , to the competent authorities any other relevant information.


### 3. online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with article 24 , received via the safety gate portal , for the purpose of applying their voluntary measures aimed at detecting , identifying , removing or disabling access to the illegal content referring to dangerous products offered on their marketplace , where applicable. they shall inform the authority that made the notification to the safety gate of any action taken by using the contacts of the market surveillance authority published in the safety gate. ### 3. online marketplaces shall take into account regular information on dangerous products notified by the market surveillance authorities in line with article 24 , received via the safety gate portal , for the purpose of applying their voluntary measures aimed at detecting , identifying , removing or disabling access to the illegal content referring to dangerous products offered on their marketplace , where applicable. they shall inform the authority that made the notification to the safety gate of any action taken by using the contacts of the market surveillance authority published in the safety gate. for those purposes , the market surveillance authority shall allow communication by email or other digital automated system , and to that end shall publish necessary information for that purpose on the safety gate.


### 5. for the purpose of the requirements of article 22(7) of regulation (eu) […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec , online marketplaces shall design and organise their online interface in a way that enables traders to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing: ### 5. for the purpose of the requirements of article 22(7) of regulation (eu) […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec , online marketplaces shall design and organise their online interface in a way that enables traders , where applicable , to provide the following information for each product offered and ensures that it is displayed or otherwise made easily accessible by consumers on the product listing:


### information to identify the product , including its type and , when available , batch or serial number and any other product identifier; ### information to identify the product , including its type and any other product identifier necessary to identify the product type;


### cooperating to ensure effective product recalls , including by abstaining from putting obstacles to product recalls; ### cooperate with market surveillance authorities and with relevant economic operators to ensure effective product recalls , including by abstaining from putting obstacles to product recalls and informing consumers thereof;


### allowing access to their interfaces for the online tools operated by market surveillance authorities to identify dangerous products; ### subject to paragraph 6a , allow access to their interfaces for the application programming interfaces (apis) for the sending of functions calls via those apis to facilitate a reasoned requested by market surveillance authorities to identify dangerous products;


### upon request of the market surveillance authorities , when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping) , allowing to scrape such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities. ### subject to paragraph 6a , upon a precise data request of the market surveillance authorities concerning individual or linked cases , when online marketplaces or online sellers have put in place technical obstacles to the extraction of data from their online interfaces (data scraping) , allow the scraping of such data for product safety purposes based on the identification parameters provided by the requesting market surveillance authorities.


### 1. articles 10 to 16 , articles 18 and 19 and articles 21 to 24 of regulation (eu) 2019/1020 shall apply to products covered by this regulation. ### 1. articles 10 to 16 , articles 18 and 19 and articles 21 to 24 of regulation (eu) 2019/1020 shall apply to products covered by this regulation.


### 1. if the commission becomes aware of a product , or a specific category or group of products presenting a serious risk to the health and safety of consumers , it may take any appropriate measures , either on its own initiative or upon request of member states , by means of implementing acts , adapted to the gravity and urgency of the situation if , at one and the same time: ### 1. if the commission becomes aware of a new type of product , or a specific category or group of products presenting a serious risk to the health and safety of consumers , after consulting and taking due account of the opinion of member states' authorities , it may take appropriate measures , either on its own initiative or upon request of member states , by means of implementing acts , adapted to the gravity and urgency of the situation if , at one and the same time:


### 1. products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one member state shall be presumed dangerous by market surveillance authorities in other member states. ### 1. products that have been deemed dangerous on the basis of a decision of a market surveillance authority in one member state shall be presumed dangerous by market surveillance authorities in other member states unless the risks identified by the member state concerned do not apply in other member states.


### 1. information available to the authorities of the member states or to the commission relating to measures on products presenting risks to consumer health and safety shall in general be made available to the public , in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. in particular , the public shall have access to information on product identification , the nature of the risk and the measures taken. this information shall be provided in accessible formats for persons with disabilities. ### 1. information available to the authorities of the member states or to the commission relating to measures on products presenting relevant risks to consumer health and safety shall in general be made available to the public , in accordance with the requirements of transparency and without prejudice to the restrictions required for monitoring and investigation activities. in particular , the public shall have access to information on product identification , the nature of the risk and the measures taken. this information shall be provided in accessible formats for persons with disabilities.


### 1. in case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’) , economic operators , in accordance with their respective obligations as provided for in articles 8 , 9 , 10 and 11 , shall directly notify all affected consumers that they can identify. economic operators who collect their customers’ personal data shall make use of this information for recalls and safety warnings. ### 1. in case of a recall or where certain information has to be brought to the attention of consumers to ensure the safe use of a product (‘safety warning’) , economic operators , in accordance with their respective obligations as provided for in articles 8 , 9 , 10 and 11 , shall directly notify all affected consumers that they can identify. economic operators who collect their customers’ personal data shall be allowed to make use of this information for recalls and safety warnings.


### 2. where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information , they shall offer the possibility to their customers to provide separate contact details only for safety purposes. the personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning. ### 2. where economic operators have product registration systems or customer loyalty programs in place for purposes other than contacting their customers with safety information , they may offer the possibility to their customers to provide separate contact details only for safety purposes. the personal data collected for that purpose shall be limited to the necessary minimum and may only be used to contact consumers in case of a recall or safety warning.


### clear description of the action consumers should take , including an instruction to immediately stop using the recalled product; ### clear description of the action consumers should take , including an instruction to immediately stop using the recalled product or an alternative equally effective measure that ensures the safety of the consumer and the product;


### 1. without prejudice to directive (eu) 2019/771 , in the case of a recall , the economic operator responsible for the recall shall offer to the consumer an effective , cost-free and timely remedy. that remedy shall consist of at least one of the following: ### 1. without prejudice to directive (eu) 2019/771 , in the case of a recall , the economic operator responsible for the recall shall offer to the consumer an effective , cost-free and timely remedy. the consumer shall be given the opportunity to choose from at least two of the following options:


### 1. without prejudice to directive (eu) 2019/771 , in the case of a recall , the economic operator responsible for the recall shall offer to the consumer an effective , cost-free and timely remedy. that remedy shall consist of at least one of the following: ### 1. without prejudice to directive (eu) 2019/771 and directive (eu) 85/374/eec , in the case of a recall , the economic operator responsible for the recall shall offer to the consumer an effective , cost-free and timely remedy. that remedy shall consist of at least one of the following:


### 1. without prejudice to directive (eu) 2019/771 , in the case of a recall , the economic operator responsible for the recall shall offer to the consumer an effective , cost-free and timely remedy. that remedy shall consist of at least one of the following: ### 1. without prejudice to directive (eu) 2019/771 , in the case of a recall , the economic operator responsible for the recall shall offer to the consumer an effective and timely remedy. that remedy shall consist of at least one of the following:


### repair of the recalled product; ### cost-free repair of the recalled product;


### replacement of the recalled product with a safe one of the same type and at least the same value and quality; ### cost-free replacement of the recalled product with a safe one of the same type and at least the same value and quality;


### refund of the value of the recalled product. ### refund of the value of the purchase price at the time of acquiring of the recalled product.


### 1. member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented. the penalties provided for shall be effective , proportionate and dissuasive. member states shall , by [insert date - 3 months after to the date of entry into force of this regulation] , notify the commission of those rules and of those measures and shall notify it , without delay , of any subsequent amendment affecting them. ### 1. member states shall lay down the rules on penalties applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented. the penalties provided for shall be effective , proportionate and dissuasive and assessed case-by-case. member states shall , by [insert date - 12 months after to the date of entry into force of this regulation] , notify the commission of those rules and of those measures and shall notify it , without delay , of any subsequent amendment affecting them.


### where appropriate , the intentional or negligent character of the infringement; ### deleted


### falsifying test results. ### damaging test samples or obstructing sample testing.


### (13) given the evolution of the union infrastructure needs and the decarbonisation goals , the conclusions of the 2020 july european council , according to which union expenditure should be consistent with paris agreement objectives and the "do no significant harm" principle , within the meaning of article 17 of the taxonomy regulation17 , projects of common interest should be assessed in order to ensure that ten-t policy is coherent with transport , environmental and climate policy objectives of the union. member states and other project promoters should carry out environmental assessments of plans and projects which should include the “do no significant harm” assessment based on the latest available guidance and best practice. in cases that the implementation of a project of common interest entails a significant harm to an environmental or climate objective , reasonable alternatives should be considered. ### deleted


### ‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit , principally , the reception of waterborne vessels , their loading and unloading , the storage of goods , the receipt and delivery of those goods and the embarkation and disembarkation of passengers , crew and other persons and any other infrastructure necessary for transport operators within the port area; ### ‘maritime port’ means an area of land and water made up of such infrastructure and equipment so as to permit , principally , the reception of waterborne vessels , their loading and unloading , the storage of goods , the receipt and delivery or further transmission of those goods and the embarkation and disembarkation of passengers , crew and other persons and any other infrastructure necessary for transport operators within the port area;


### 3. the environmental assessment of plans and projects shall be carried out in accordance with council directive 92/43/eec49 , directives 2000/60/ec50 , 2001/42/ec51 , 2002/49/ec52 , 2009/147/ec53 and 2011/92/eu of the european parliament and of the council54 . for the projects of common interest for which the environmental assessment has not yet been carried out at the date of entry into force of this regulation , it should also include the assessment of the compliance with the “do no significant harm” principle. ### 3. the environmental assessment of plans and projects shall be carried out in accordance with council directive 92/43/eec49 , directives 2000/60/ec50 , 2001/42/ec51 , 2002/49/ec52 , 2009/147/ec53 and 2011/92/eu of the european parliament and of the council54 .


### 5. the commission may require member states by means of an implementing act to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. the relevant european coordinator shall have the status of observer in the management or supervisory board or in both of that single entity. ### 5. the commission may recommend member states to establish a single entity for the construction and management of cross-border infrastructure projects of common interest. the relevant european coordinator shall have the status of observer in the management or supervisory board or in both of that single entity.


### 2. member states shall ensure that the railway infrastructure of the extended core network , including connections referred to in article 14(1) , point (d) , by 31 december 2040: ### 2. member states shall ensure that the railway infrastructure of the extended core network , including connections referred to in article 14(1) , point (d) , by 31 december 2045:


### when constructing or upgrading a passenger line of the extended core network or sections thereof , member states shall perform a study to analyse the feasibility and economic relevance of higher speeds , and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated. ### when constructing or upgrading a passenger line of the extended core network or sections thereof , member states shall , where applicable and economically feasible , perform a study to analyse relevance of higher speeds , and build or upgrade the line to such higher speed where its feasibility and economic relevance are demonstrated.


### 1. member states shall ensure that on the railway infrastructure of the extended core network and the comprehensive network , including connections referred to in article 14(1) , point (d) , by 31 december 2040: ### 1. member states shall ensure that on the railway infrastructure of the extended core network and the comprehensive network , including connections referred to in article 14(1) , point (d) , by 31 december 2045:


### article 18 ### deleted


### in the promotion of projects of common interest related to railway infrastructure , and in addition to the general priorities set out in articles 12 and 13 , attention shall be given to the following: ### in the promotion of projects of common interest related to railway infrastructure , and where relevant , in addition to the general priorities set out in articles 12 and 13 , attention shall be given to the following:


### introduction and promotion of new technologies and innovation for zero and low carbon energy fuels and propulsion systems; ### introduction and promotion of new technologies and innovation for zero and low carbon energy fuels and propulsion systems , including lng;


### improve the resilience of the logistic chains and international maritime trade , including in relation to climate adaptation; ### improve the resilience of the logistic chains , international maritime trade and security of the energy supply , including in relation to climate adaptation;


### bus terminals. ### deleted


### rest areas are available at a maximum distance of 60 km from each other , providing sufficient parking space , safety and security equipment , and appropriate facilities , including sanitary facilities , that meet the needs of a diverse workforce; ### rest areas are available at a maximum distance of 60 km from each other , providing sufficient parking space , relevant safety and security equipment , and appropriate facilities , including sanitary facilities , that meet the needs of a diverse workforce;


### safe and secure parking areas are available at a maximum distance of 100 km from each other , providing a sufficient parking space for commercial vehicles and complying with the requirements set out in article 8(1) , point (a) , of regulation (eu) 2020/105469 ; ### safe and secure parking areas are available at density required by the traffic volume , market demand and other relevant factors , providing a sufficient parking space for commercial vehicles and complying with the requirements set out in article 8(1) , point (a) , of regulation (eu) 2020/105469;


### when building or upgrading road infrastructure , ensure the continuity and accessibility of pedestrian and cycling paths in order to promote the active modes of transport. ### when building or upgrading road infrastructure , ensure the road infrastructure is not obstructing pedestrian and cycling paths in order to promote the active modes of transport.


### within two years after the entry into force of this regulation , member states shall conduct a market and prospective analysis on multimodal freight terminals on their territory. this analysis shall at least: ### within three years after the entry into force of this regulation , member states shall conduct a market and prospective analysis on multimodal freight terminals on their territory. this analysis shall at least:


### improve the safety and sustainability of the movement of persons and of the transport of goods; ### improve the safety and sustainability of the movement of persons , services and of the transport of goods;


### introduce security technology and compatible identification standards on the networks; ### introduce dual use technology , security technology and compatible identification standards on the networks;


### 2. projects of common interest for which an environmental impact assessment must be carried out in compliance with directive 2011/92/ue shall be subject to climate proofing. the climate proofing shall be undertaken based on the latest available best practice and guidance to ensure that transport infrastructures are resilient to the adverse impacts of climate change , through a climate vulnerability and risk assessment , including through relevant adaptation measures , and through integration of the costs of greenhouse gas emissions in the cost-benefit analysis. such requirement does not apply to projects for which the environmental impact assessment has been completed before entry into force of this regulation. ### 2. projects of common interest for which an environmental impact assessment must be carried out in compliance with directive 2011/92/ue.


### member states shall ensure that the information notified pursuant to paragraph 1 is made available at least twelve months before the final decision on the implementation of the project of common interest. the information shall in particular include: ### member states shall make best effort to ensure that the information notified pursuant to paragraph 1 is made available at least twelve months before the final decision on the implementation of the project of common interest. the information shall in particular include:


### no later than thirty calendar days following the receipt of information pursuant to paragraph 1 , the commission may request additional information from the member state where the project of common interest is planned. any request for additional information shall be duly justified , limited to information necessary to carry out the assessment pursuant to paragraph 5 , proportionate to the purpose of the request and not unduly burdensome for the member state where the project of common interest is planned. ### no later than thirty calendar days , unless agreed otherwise between member state and the commission , following the receipt of information pursuant to paragraph 1 , the commission may request additional information from the member state where the project of common interest is planned. any request for additional information shall be duly justified , limited to information necessary to carry out the assessment pursuant to paragraph 5 , proportionate to the purpose of the request and not unduly burdensome for the member state where the project of common interest is planned.


### 1. based on the first work plan of the european coordinators , the commission shall adopt an implementing act for each work plan of the european transport corridors and the two horizontal priorities. this implementing act shall set out the priorities for infrastructure and investment planning and for funding. ### 1. based on the first work plan of the european coordinators , the commission shall adopt an implementing act for each work plan of the cross-border european transport corridors and the two horizontal priorities. this implementing act shall set out the priorities for infrastructure and investment planning and for funding.


### 4. until full implementation of the measures provided for in the implementing act , the member states concerned shall communicate to the commission an annual report on the progress achieved , indicating in particular the financial commitments made in the national budget plan. ### 4. until full implementation of the measures provided for in the implementing act , the member states concerned shall communicate to the commission a biannual report on the progress achieved , indicating in particular the financial commitments made in the national budget plan.


### 3. member states shall ensure the quality , completeness and consistency of the data in the tentec information system. the national systems and data sources shall allow for an automated data exchange with tentec. ### deleted


### 3. member states shall notify to the commission the draft national plans and programmes , or any modification of those , with a view to developing the trans-european transport network , at least twelve months before their adoption. the commission may issue an opinion no later than six months following the notification by the member state on the coherence of the draft national plans and programmes with the priorities set out in this regulation and with the priorities set out in the work plans for the corresponding corridor(s) and of the horizontal priorities and in the implementing acts adopted in accordance with article 54(1). the member states shall inform the commission , no later than two months after notification of the opinion , on the measures adopted to address the recommendations set out in the opinion. ### deleted


### in case the delayed section concerns a project supported with union funds under direct management , a reduction of the amount of the grant and/or an amendment or termination of the grant agreement may be initiated in accordance with the applicable rules. ### deleted


### 1. notes that in addition to its significant negative environmental and climate impacts , the textile industry also has a detrimental social impact; stresses that a disproportionate number of women and marginalised groups carry out precarious work , often involuntarily; ### 1. notes that in addition to its significant negative environmental and climate impacts , the textile industry also has a detrimental social impact; stresses that a disproportionate number of women and marginalised groups carry out precarious work and hold low-paid jobs , often involuntarily; points out , in this context , the need to protect the social and labour rights of those employed in the textile industry , as well as the need for sufficient improvements in working conditions and standards in this economic sector;


### 2. calls for the implementation of a trusted-flagger alert and notification mechanism and of an appropriate european redress mechanism for consumers affected by misleading labels and textiles that do not comply with union law; ### 2. calls for the implementation of a trusted-flagger alert and notification mechanism and of an appropriate european redress mechanism for consumers affected by misleading labels and textiles that do not comply with union law; considers it necessary to organise and implement better and harmonised surveillance of the internal market , with specific customs controls to prevent the import of counterfeit and/or unsafe textiles which do not conform to the expressly stated requirements for those who produce and operate within the eu and to protect consumers and the environment;


### 2. urges the member states to ratify the relevant international labour organization (ilo) conventions and implement its recommendations , especially those intended to reduce the scale of precarious work and protect workers from the harmful effects of chemicals , as well as from violence and harassment in the workplace; ### 2. urges the member states to ratify the relevant international labour organization (ilo) conventions and implement its recommendations , especially those intended to reduce the scale of precarious work and protect workers from the harmful effects of chemicals , as well as from all forms of violence , including harassment , in the workplace;


### 2. stresses that ever-increasing regulation , which directly and indirectly affects the eu textiles industry , compounded by the covid-19 pandemic and the russian war of aggression against ukraine , is seriously threatening the competitiveness of eu businesses; calls on the commission and the member states to only implement additional regulations if they facilitate sustainable business models , as many obligations drastically increase costs , especially for smes; ### 2. stresses that ever-increasing regulation , which directly and indirectly affects the eu textiles industry , compounded by the covid-19 pandemic and the russian war of aggression against ukraine , is seriously threatening the competitiveness of eu businesses; calls on the commission and the member states to only implement additional regulations if they facilitate sustainable business models , as many obligations drastically increase costs , especially for smes; calls for adequately weight extended producer responsibility obligations to safeguard subcontractors and intermediate processors;


### 3. welcomes the introduction of the digital product passport in the proposal for a regulation on ecodesign requirements for sustainable products; believes that in order to be relevant this passport needs to be available on the product itself and be easy to read; favours open and trustworthy data ensuring traceability down to factory level; ### 3. welcomes the introduction of the digital product passport in the proposal for a regulation on ecodesign requirements for sustainable products , provided that the initiative does not create more bureaucracy for producers; believes that in order to be relevant this passport needs to be available on the product itself and be easy to read; favours open and trustworthy data ensuring traceability down to factory level;


### 3. calls for employers in the textile sector to facilitate the training and upskilling of low-wage textile sector workers , in particular women and other marginalised groups , during working hours; ### 3. calls for the relevant public institutions and employers in the textile sector to facilitate the training and upskilling of low-wage textile sector workers , with a particular focus on women and other marginalised groups , including during working hours;


### 3. calls for employers in the textile sector to facilitate the training and upskilling of low-wage textile sector workers , in particular women and other marginalised groups , during working hours; ### 3. calls for employers in the textile sector to facilitate the training and upskilling of low-wage textile sector workers , in particular women and men and other marginalised groups , during working hours;


### 3. acknowledges the challenges to achieving a fully circular business model for textile companies , in particular owing to current technological and physical constraints on production and recycling , such as the use of chemicals , the lack of circular design , digitalisation gaps and the workforce’s up- and reskilling needs; ### 3. acknowledges the challenges to achieving a fully circular business model for textile companies , in particular owing to current technological and physical constraints on production and recycling , such as the use of chemicals , the lack of circular design , digitalisation gaps and the workforce’s up- and reskilling needs; stresses the need to introduce subsidised on taxation measures for products that meet ecological standards , thus enabling producers to sustain environmentally sustainable production processes while maintaining competitive price levels and supporting the value chain by promoting the reshoring of delocalised production in the eu;


### 4. believes that the digital product passport goes hand in hand with the simplification of existing labels to ensure that consumers receive coherent and reliable information on the environmental and social footprint of products; ### 4. believes that the digital product passport can further enhance reliability and coherence among new and goes hand in hand with the simplification of existing labels to ensure that consumers receive coherent and reliable information on the environmental and social footprint of products , and on the country where manufacturing processes take place (‘made in’) , without prejudice to , and building on , existing certification schemes covering sustainability aspects such as repairability and durability; believes that enhanced supply chain traceability can encourage circular retail and consumption models like the resale and reuse of textile products;


### 4. believes that the digital product passport goes hand in hand with the simplification of existing labels to ensure that consumers receive coherent and reliable information on the environmental and social footprint of products; ### 4. believes that the digital product passport goes hand in hand with the simplification of existing labels to ensure that consumers receive coherent and reliable information on the environmental and social footprint of products; the introduction of such an instrument should enable micro-enterprises and smes to better communicate their sustainability , without creating excessive costs and administrative and bureaucratic burdens;


### 4. underlines that research and innovation is key to maintaining the eu textiles industry’s leading position in innovation2 , especially in sustainable fibres such as bio-based fibres , in inventing and scaling up circular production and recycling technologies , and in harnessing the opportunities offered by digitalisation , e.g. with the digital product passport or smart textiles; ### 4. underlines that research and innovation is key to maintaining the eu textiles industry’s leading position in innovation , especially in sustainable fibres such as bio-based fibres , in inventing and scaling up circular production and recycling technologies , and in harnessing the opportunities offered by digitalisation , e.g. with the digital product passport or smart textiles , provided that such an initiative does not lead to more bureaucracy for producers , enabling micro and smes to better communicate their sustainability;


### 4. underlines that research and innovation is key to maintaining the eu textiles industry’s leading position in innovation2 , especially in sustainable fibres such as bio-based fibres , in inventing and scaling up circular production and recycling technologies , and in harnessing the opportunities offered by digitalisation , e.g. with the digital product passport or smart textiles; ### 4. underlines that research and innovation are key to keep eu textile industry in the leading position for innovation especially for new sustainable fibres , including bio-based fibres , in inventing and scaling circular production , high-quality automatic composition sorting technologies and recycling technologies and in making use of the opportunities digitisation offers , e.g. with the digital product passport or smart textiles;


### 5. encourages initiatives to help consumers switch to more sustainable consumption patterns by providing quality products at an affordable price and reducing waste; ### 5. encourages initiatives to help consumers switch to more sustainable consumption patterns by providing quality products at an appropriate price and reducing waste;


### 5. calls on the commission and the member states to engage with civil society stakeholders , including educational actors and gender equality organisations , in order to develop programmes to increase awareness about the environmental and climate impact of the textile and garment industries. ### 5. calls on the commission and the member states to engage with civil society stakeholders , in order to develop programmes to increase awareness about the environmental impact of the textile and garment industries.


### 5. recalls that several eu funding opportunities exist , such as via cluster 2 of horizon europe or the european innovation council; calls for the creation of an eu research and innovation agenda aligned with the transition pathway for the textiles ecosystem; underlines the leading role the european institute of innovation and technology (eit) knowledge and innovation communities (kics) on culture & creativity3 and manufacturing4 should play in this process. ### 5. recalls that several eu funding opportunities exist , such as via cluster 2 of horizon europe or the european innovation council; calls for the creation of an eu research and innovation agenda aligned with the transition pathway for the textiles ecosystem; underlines the leading role the european institute of innovation and technology (eit) knowledge and innovation communities (kics) on culture & creativity3 and manufacturing4 should play in this process; calls for the development at european level of 'textile hubs' , i.e. innovative textile regeneration poles , made up of research centres and disposal plants , for the sorting and recovery of pre- and postconsumer waste , turning waste into value and creating new jobs in textile manufacturing districts.


### 7. stresses that fast fashion puts enormous stress on suppliers and their workforce through unfair trading practices; ### 7. stresses that fast fashion puts enormous stress on suppliers and their workforce through unfair trading practices; in this regard , the strategic value of the supply chain should be boosted , favouring to the greatest extent possible a sustainable production model as opposed to the ‘throw-away’ model , combining creative capacity and production systems based on the quality of processes , materials and finishes;


### 8. calls for mandatory criteria on responsible consumption to apply to public procurement; ### 8. calls for transparent criteria on responsible consumption to apply to public procurement to avoid market fragmentation;


### (5) the modern interconnected world economy creates an increased risk of , and opportunity for , economic coercion , as it provides countries with enhanced , including hybrid , means to deploy such coercion. it is desirable that the union contribute to the creation , development and clarification of international frameworks for the prevention and elimination of situations of economic coercion. ### (5) the modern interconnected world economy enhances the nations to engage in a dialogue , increases global investment and competition , which creates a larger variety of choices for consumers but creates also a risk of economic coercion , as it provides countries with enhanced , including hybrid , means to deploy such coercion. it is desirable that the union contribute to the creation , development and clarification of international frameworks for the prevention and elimination of situations of economic coercion. the use of economic coercion against the union and the member states has steadily increased relative to its diminishing share of the global economy. economic and productivity growth needs to remain a priority as an efficient tool for the prevention of economic coercion.


### (6) whilst always acting within the framework of international law , it is essential that the union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its member states. this is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state. such measures affecting trade or investment may include not only actions taken on , and having effects within , the territory of the third country , but also actions taken by the third country , including through entities controlled or directed by the third country and present in the union , that cause harm to economic activities in the union. ### (6) whilst always acting within the framework of international law , it is essential that the union possess an appropriate instrument to deter and counteract economic coercion by third countries in order to safeguard its rights and interests and those of its member states. this is particularly the case where third countries take measures affecting trade or investment that interfere in the legitimate sovereign choices of the union or a member state by seeking to prevent or obtain the cessation , modification or adoption of a particular act by the union or a member state. such measures affecting trade or investment may include not only actions taken on , and having effects within , the territory of the third country , but also actions taken by the third country , including through entities controlled or directed by the third country and present in the union , that cause harm to economic activities in the union. in order to effectively address the harm to economic activities , the union needs to quantify or at least estimate the value of the impact on economic activities in the union.


### (7) this regulation aims to ensure an effective , efficient and swift union response to economic coercion , including deterrence of economic coercion of the union or a member state and , in the last resort , countermeasures. ### (7) this regulation aims to ensure an effective , efficient and swift union response to economic coercion , including deterrence of economic coercion of the union or a member state and , in the last resort , countermeasures. in order to avoid using this regulation incorrectly , such as to protect the union´s industries from foreign competition , it is essential to clearly define the conditions for activation of this instrument as well as clear criteria for triggering specific actions under the mechanism.


### (9) in accordance with the principle of proportionality , it is necessary and appropriate , for creating an effective and comprehensive framework for union action against economic coercion , to lay down rules on the examination , determination and counteraction with regard to third countries’ measures of economic coercion. in particular , the union’s response measures should be preceded by an examination of the facts , a determination of the existence of economic coercion , and , wherever possible , efforts to find a solution in cooperation with the third country concerned. any measures imposed by the union should be commensurate with the injury caused by the third countries’ measures of economic coercion. the criteria for defining the union response measures should take into account in particular the need to avoid or minimise collateral effects , administrative burdens and costs imposed on union economic operators as well as the union’s interest. therefore , this regulation does not go beyond what is necessary in order to achieve the objectives pursued , in accordance with article 5(4) of the treaty on european union. ### (9) in accordance with the principle of proportionality , it is necessary and appropriate , for creating an effective and transparent framework for union action against economic coercion , to lay down rules on the examination , determination and counteraction with regard to third countries’ measures of economic coercion. in particular , the union’s response measures should be preceded by an examination of the facts , a determination of the existence of economic coercion and quantification of its impact on the union , and , wherever possible , efforts to find a solution in cooperation with the third country concerned. any measures imposed by the union should be commensurate with the injury caused by the third countries’ measures of economic coercion. the objective criteria for defining the union response measures should take into account in particular the need to avoid or minimise collateral effects , administrative burdens and costs imposed on union economic operators as well as the union’s interest. therefore , this regulation does not go beyond what is necessary in order to achieve the objectives pursued , in accordance with article 5(4) of the treaty on european union.


### (11) coercion is prohibited under international law when a country deploys measures such as trade or investment restrictions in order to obtain from another country an action or inaction which that country is not internationally obliged to perform and which falls within its sovereignty , when the coercion reaches a certain qualitative or quantitative threshold , depending on both the ends pursued and the means deployed. the commission should examine the third-country action on the basis of qualitative and quantitative criteria that help in determining whether the third country interferes in the legitimate sovereign choices of the union or a member state and whether its action constitutes economic coercion which requires a union response. ### (11) coercion is prohibited under international law when a country deploys measures such as trade or investment restrictions in order to obtain from another country an action or inaction which that country is not internationally obliged to perform and which falls within its sovereignty , when the coercion reaches a certain qualitative and quantitative threshold , depending on both the ends pursued and the means deployed. the commission should examine the third-country action on the basis of qualitative and quantitative criteria that help in determining whether the third country interferes in the legitimate sovereign choices of the union or a member state and whether its action constitutes economic coercion which requires a union response.


### (15) the union should only impose countermeasures when other means such as negotiations , mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the union or its member states , and where action is necessary to protect the interests and rights of the union and its member states and it is in the union’s interest. it is appropriate that the regulation sets out the applicable rules and procedures for the imposition and application of union response measures and permits expeditious action where necessary to preserve the effectiveness of any union response measures. ### (15) the union should only impose countermeasures when other means such as negotiations , mediation or adjudication do not lead to the prompt and effective cessation of the economic coercion and to reparation of the injury it has caused to the union or its member states , and where action is necessary to protect the interests and rights of the union and its member states and it is in the union’s interest. it is appropriate that the regulation sets out the applicable rules and procedures for the imposition and application of union response measures and permits expeditious action where necessary to preserve the effectiveness of any union response measures. such applicable rules and published guidelines should ensure that the regulation avoids advocating protectionism in order to promote open and rules-based trade.


### (16) union response measures adopted in accordance with this regulation should be selected and designed on the basis of objective criteria , including: the effectiveness of the measures in inducing the cessation of coercion by the third country; their potential to provide relief to economic operators within the union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the union; and the avoidance of disproportionate administrative complexity and costs. it is also essential that the selection and design of union response measures take account of the union’s interest. union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case. ### (16) union response measures adopted in accordance with this regulation should be selected , calculated and designed on the basis of objective criteria , including: the effectiveness of the measures in inducing the cessation of coercion by the third country; their potential to provide relief to economic operators within the union affected by the third-country measures of economic coercion; the aim of avoiding or minimising negative economic and other effects on the union; and the avoidance of disproportionate administrative complexity and costs. it is also essential that the selection and design of union response measures take account of the union’s interest. union response measures should be selected from a wide array of options in order to allow the adoption of the most suitable measures in any given case.


### (18) in pursuing the objective of obtaining the cessation of the measure of economic coercion , union response measures consisting of restrictions on foreign direct investment or on trade in services should only apply with regard to services supplied , or direct investments made , within the union by one or more legal persons established in the union which are owned or controlled by persons of the third country concerned where necessary to ensure the effectiveness of union response measures and in particular to prevent their avoidance. the decision to impose any such restrictions will be duly justified in implementing acts adopted pursuant to this regulation in the light of the criteria specified in this regulation. ### (18) in pursuing the objective of obtaining the cessation of the measure of economic coercion , union response measures consisting of restrictions on foreign direct investment or on trade in services should only apply with regard to services supplied , or direct investments made , within the union by one or more legal persons established in the union which are owned or controlled by persons of the third country concerned where necessary to ensure the effectiveness of union response measures and in particular to prevent their avoidance. the decision to impose any such restrictions will be quantified and duly justified in implementing acts adopted pursuant to this regulation in the light of the criteria specified in this regulation.


### (22) in order to allow the update of the range of union response measures under this regulation and the adjustment of the rules of origin or of other technical rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend the list of union responses set out in annex i and technical rules necessary for the application of the regulation , including rules of origin laid down in annex ii. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making.12 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (22) in order to allow the update of the rules of origin or of other technical rules , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend the list of technical rules necessary for the application of the regulation laid down in annex ii. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making.12 in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (26) the commission should evaluate measures adopted under this regulation as to their effectiveness and operation and as to possible conclusions for future measures. the commission should also review this regulation after gaining sufficient experience with the existence or application of this regulation. this review should cover the scope , functioning , efficiency and effectiveness of this regulation. the commission should report on its assessment to the european parliament and the council , ### (26) the commission should thoroughly evaluate measures adopted under this regulation as to their effectiveness , impact , cost-benefit ratio and operation and as to possible conclusions for future measures. the commission should also review this regulation after gaining sufficient experience with the existence or application of this regulation. this review should cover the scope , functioning , efficiency , impact and effectiveness of this regulation. the commission should report regularly on its assessment to the european parliament and the council ,


### a. whereas further digitalisation of public administration lowers costs and unlocks business potential , especially for small and medium-sized enterprises (smes) , which form the backbone of the single market; ### a. whereas efficient digitalisation of public administration increases productivity and resilience of public sector1a , enhances the quality of public services and enables lower costs and unlocks business potential , especially for small and medium-sized enterprises (smes) , which form the backbone of the single market;


### b. whereas public services should be fully accessible online , including for persons with disabilities , and benefit from easy-to-use tools with high security and privacy standards; ### b. whereas public services should fully meet the needs of its users , should be accessible online , including for persons with disabilities , and benefit from easy-to-understand and easy-to-use tools with high security and privacy standards;


### c. whereas each member state should dedicate 20 % of its recovery and resilience facility allocation to the digital transition; ### c. whereas in line with regulation (eu) 2021/241 on establishing the recovery and resilience facility , each member states should dedicate 20 % of the recovery and resilience facility to the digital transition; whereas the commission should properly assess and measure the results and benefits of digitalisation delivered to citizens and businesses;


### e. whereas it is estimated that around 42 % of europeans lack basic digital skills; ### e. whereas it is estimated that around 42 % of europeans lack basic digital skills with decreasing trend;


### g. whereas accessible and interoperable data in public procurement will help to fight fraud and therefore improve procurement performance and cross-border cooperation; ### g. whereas accessible and interoperable data in public procurement will also help to fight fraud , improve transparency and , procurement performance and cross-border cooperation;


### 1. emphasises that in order to strengthen the single market , it is necessary to carry out a digital transformation that increases the availability of online public services; recalls that egovernment facilitates relationships with citizens , businesses , employees and governments , and calls for the establishment of a european digital identity; ### 1. emphasises that in order to strengthen the single market , it is necessary to carry out a digital transformation that increases the availability of online public services , and open government data; recalls that egovernment should improve public service delivery , improve citizen engagement , enhance government openness , and provide a data-driven basis for stronger government accountability; recalls that egovernment facilitates relationships with citizens , businesses , employees and governments , and calls for the establishment of a european digital identity;


### 1. notes that egovernment has the potential to improve the quality and efficiency of public services; strongly believes that egovernment should be compliant with fundamental rights , in particular the rights to non-discrimination , privacy and data protection; ### 1. notes that egovernment has the potential to improve the quality , efficiency and accessibility of public services; strongly believes that egovernment should be compliant with fundamental rights , in particular the rights to non-discrimination , privacy and data protection;


### 2. firmly believes that the further development of digital public services can significantly contribute to the reduction of administrative barriers for entrepreneurs , especially micro , small and medium-sized enterprises (msmes); calls on member states to redouble their efforts to further digitalise public services; ### 2. firmly believes that the further development of digital public services can significantly contribute to the reduction of administrative barriers for entrepreneurs , especially micro , small and medium-sized enterprises (msmes); calls on the member states to involve people outside the public sector in the governance and development process towards a digitally mature and a data-driven public sector; reminds that according to the oecd recommendation of the council on open government (2017) , such stakeholder participation can build government accountability , expand citizens’ empowerment and influence on decisions , increase civic capacity , improve the evidence base for policy making , reduce implementation costs , and tap on wider networks and ecosystems for innovation in policy making and service delivery; calls on member states to redouble their efforts to further digitalise public services;


### 3. recalls that in-person help should be provided to eu citizens to help them access public services , especially persons with disabilities and elderly people , but also to mitigate low levels of digital literacy and poor internet coverage; ### 3. recalls that in-person help should be available to eu citizens to help them access public services , especially persons with disabilities and elderly people; but also to mitigate low levels of digital literacy and poor internet coverage;


### 4. emphasises that broadband internet coverage , especially on islands and in rural areas , is of key importance for the development of egovernment; calls on the commission , therefore , to complete the necessary infrastructure for broadband internet access in cooperation with the member states; ### 4. emphasises that broadband internet coverage , especially on islands and in rural areas; calls on the commission , therefore , to complete the necessary infrastructure for broadband internet access in cooperation with the member states;


### 4. takes note of the role of ai in egovernment; is concerned that ai risks reinforcing existing discrimination , inequalities and social exclusion and misidentifying or incorrectly classifying individuals belonging to certain groups; calls for effective remedies to be put in place including human checks , while preventing discrimination due to automation and improving the quality and design of datasets; ### 4. underlines that there can be both advantages and disadvantages to the development and use of ai in egovernment; is concerned that ai risks reinforcing existing discrimination , inequalities and social exclusion and misidentifying or incorrectly classifying individuals; calls for effective remedies to be put in place including human checks , effective complaint mechanisms as well as transparency regarding the use of ai in egovernment , while preventing discrimination due to automation and improving the quality and design of datasets;


### 5. points out that without improvements to digital skills and digital literacy , the european digital single market cannot be built; invites the commission , therefore , to robustly implement the digital education action plan; ### 5. points out that without improvements to digital skills and digital literacy , the european digital single market cannot be built; invites the commission , therefore , to robustly implement the digital education action plan; , also by publishing the best practices in individual member states and other countries and by creating a framework for comparison , monitoring and results evaluation of digital education policies in the eu;


### 5. calls for egovernment services to be reliable and to have very high standards of security with human oversight in order to prevent data leaks , data security breaches , and unauthorised and unproportioned access to personal data; ### 5. calls for egovernment services to be reliable and to have very high standards of security with human oversight in order to prevent data leaks , data security breaches , and unauthorised and unproportioned access to personal data; calls for transparency regarding any breaches of data security , whilst taking into account national security and public order requirements;


### 6. welcomes the ambitious digital targets set out in the policy programme for 2030 entitled ‘the road to the digital decade’; believes that close cooperation between member states and with stakeholders will be necessary to achieve those targets; ### 6. regrets that targets set out in the policy programme for 2030 “the road to the digital decade” do not sufficiently focus on results and impacts for citizens;. calls for reporting information such as reduction of time spent dealing with public authorities for citizens and businesses , the adoption of only-once principle implemented in public services , life expectancy at birth increase due to adoption of telehealth , telemedicine or connected care and the overall contribution to economic growth , productivity growth and reduction barriers to trade and investments; believes that close cooperation between member states , and with stakeholders , will be necessary to achieve those targets;


### 7. believes that e-health has untapped potential , and therefore welcomes the commission’s intention to create a european health data space; emphasises , furthermore , that e-medical records are extremely useful for stimulating cross-border research and providing cross-border healthcare; ### 7. believes that e-health has untapped potential , and therefore welcomes the commission’s intention to create a european health data space; emphasises , furthermore , that e-medical records are extremely useful for stimulating cross-border research and providing cross-border healthcare; urges the commission and member states to properly measure the results in order to deliver benefits to citizens and create a base for comparisons and best practices identification; believes that such measurable indicators should include targets for decrease in standardised preventable and treatable mortality rate , years of live expectancy at birth or costs of patient care;


### 8. points out that the aim of e-justice is to improve and simplify access to information in the field of justice , as well as to support the digitalisation of cross-border judicial and extrajudicial procedures; notes , however , that during the coronavirus pandemic , consumers and entrepreneurs had limited access to courts; believes therefore that the european e-justice strategy and action plan 2019-2023 must be upgraded with plans for further digitalisation and adaptation to possible future extraordinary conditions in order to ensure unhindered access to justice , for example through the egovernment system; ### 8. points out that the aim of e-justice is to improve and simplify access to information in the field of justice , as well as to support the digitalisation of cross-border judicial and extrajudicial procedures; notes , however , that during the coronavirus pandemic , consumers and entrepreneurs had limited access to courts; believes therefore that the european e-justice strategy and action plan 2019-2023 must be upgraded with measurable indicators , results and impact-oriented plans for further digitalisation and targets for resilience and transparent of justice systems;


### the role of egovernment in stimulating business , especially smes ### the role of egovernment in delivering business-friendly , effective and innovative environment in the single market


### 11. underlines the importance of cross-border online access to information , administrative procedures and assistance services for eu businesses and consumers; ### 11. underlines the importance of removing remaining barriers in the single market , improvement of the access to finance and set-up of the pro-competition reforms to encourage the entry and growth of innovative companies´; believes that egovernment could help to speed up this transition; notes also the importance of cross-border online access to information , administrative procedures , and assistance services for eu businesses and consumers;


### 13. emphasises the role of egovernment in issuing building permits; believes that significant progress should be made in shortening the deadlines for issuing building permits; ### 13. emphasises the role of egovernment in issuing building permits; believes that significant progress should be made in shortening the deadlines for issuing building permits in each stage of the development , from building permit to final inspection;


### 15. emphasises the important role that govtech plays in developing egovernment innovations; encourages member states to establish govtech programmes to encourage the development of smes; welcomes the initiative to develop the european market in govtech under the digital europe programme , with a strong focus on smes and start-ups; ### 15. emphasises the important role that govtech plays in developing egovernment innovations , highlights its main aspects: citizen-centric public services that are universally accessible , a whole-of-government approach to digital government transformation , and simple , efficient and transparent government systems; encourages member states to establish govtech programmes to promote transparency , innovations and benefits for citizens; welcomes the initiative to develop the european market in govtech under the digital europe programme , with a strong focus on smes and start-ups;


### 17. considers that full access to public procurement data could significantly improve public probity , promote innovation and support single market objectives , as well as improve transparency and accountability in public spending; calls on the commission , in this respect , to consider including public procurement in the list of ‘high-value datasets’ under open data directive (eu) 2019/1024 , while respecting data protection requirements and the confidentiality of commercial secrets; ### 17. considers that full access to public procurement data could significantly improve public probity , promote innovation and support single market objectives , as well as improve transparency and accountability in public spending and increase value for money; regrets the extensive time to adopt final decisions in some member states resulting in lower effectiveness of the procedures; calls on the commission , in this respect , to consider including public procurement in the list of ‘high-value datasets’ under open data directive (eu) 2019/1024 , while respecting data protection requirements and the confidentiality of commercial secrets; calls on the commission to evaluate the efficiency of the public procurement rules as to their time-efficiency and to publish best practices in this regards;


### 20. recognises the importance of innovation procurement , and encourages the member states to integrate it into the general e-procurement framework; calls on the member states to improve the interoperability of procurement systems , implement advanced technologies (e.g. artificial intelligence and blockchain) and ensure compliance with future legislation; ### 20. recognises the importance of innovation procurement , encourages the member states to integrate it into the general e-procurement framework in order to deliver more effective and efficient spending of eu taxpayers money; calls on the member states to improve the interoperability of procurement systems , implement advanced technologies (e.g. artificial intelligence and blockchain) and ensure compliance with future legislation;


### 21. notes that unsuccessful parties in public procurement tenders , including electronic tenders , often abuse their right to appeal just to prolong the public procurement procedure , which destroys competition in the market and prevents investment; calls on the commission to consider mechanisms to prevent this type of legal chicanery; ### 21. notes that unsuccessful parties in public procurement tenders , including electronic tenders , might abuse their right to appeal just to prolong the public procurement procedure , which delays investment; calls on the commission to consider mechanisms to prevent this type of legal chicanery , including by simplifying processes , streamlining requirements , creating transparent and quantifiable criteria in order to motivate more participants to apply for tenders; reminds of high decision speed for awarding public procurements in some member states , calls on the commission to identify and publish best practices in this regard;


### 24. welcomes the commission’s initiative to create european data spaces in various sectors , including health , justice and public procurement; considers it crucial for these data spaces to be interoperable so that consumers and entrepreneurs , especially smes , can achieve their full potential; points out that the interoperability of data spaces should be the starting point for all future digitalisation strategies; calls on the commission to submit a legislative proposal as soon as possible that will ensure the interoperability of data spaces in the european single market; ### 24. welcomes the commission’s initiative to create european data spaces in various sectors , including health , justice and public procurement; considers it crucial for these data spaces to be interoperable so that consumers and entrepreneurs , especially smes , can achieve their full potential; points out that the interoperability of data spaces should be the starting point for all future digitalisation strategies; calls on the commission to submit a legislative proposal based on in-depth evidence-based impact assessment including a proper and understandable cost-benefit analyses , which should ensure the interoperability of data spaces in the european single market;


### 26. acknowledges that an analysis is needed of the implementation of the eu egovernment action plan 2016 – 2020 in order to gain insight into its efficiency; calls on the commission to report to parliament on the implementation of the plan; ### 26. acknowledges that an analysis is needed of the implementation of the eu egovernment action plan 2016 – 2020 in order to gain insight into its efficiency and results; calls on the commission to report to parliament on the implementation of the plan;


### 27. emphasises the importance of the continuity of european egovernment policies; calls on the commission to propose a new long-term action plan for egovernment to ensure that modern public administration is fit for the digital age; ### 27. emphasises the importance of the continuity of european egovernment policies; calls on the commission to propose a new evidence-based long-term action plan for egovernment with quantified cost-benefit analysis , indicators and targets delivering results for citizens , ensuring modern public administration is fit for the digital age;


### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market in that it provides a fair and level playing field for all market participants , enables the growth of innovative businesses and guarantees a high level of consumer protection and choice; ### 1. recalls that competition policy is vital to strengthening and ultimately completing the single market in that it provides a fair and level playing field for all market participants , enables the growth of innovative businesses and guarantees a high level of consumer protection and choice; stresses that consumer welfare must remain the ultimate goal of the competition policy;


### 2. recalls that services represent the largest economic activity in the eu in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining obstacles to the development of the single market for services , including through the enforcement of competition rules; ### 2. recalls that services , which account for 70% of the gdp and an equal share of its employment , represent the largest economic activity in the eu in terms of gross added value and that the single market for services lags well behind the single market for goods; highlights the need to address the remaining obstacles to the development of the single market for services , including through the enforcement of competition rules;