### the delegation of power referred to in articles 7 and 12 shall be conferred on the commission for an indeterminate period of time from the date of application of this regulation . ### the delegation of power referred to in articles 7 and 12 shall be conferred on the commission for a period of six years from the date of application of this regulation . it can be renewed for an additional maximum of eight years following the assessment and evaluation exercise referred to in article 14 .


### the commission shall support cooperation and exchange of information on market surveillance of energy labelling of products among national authorities of the member states responsible for market surveillance or external border controls and between such authorities and the commission . ### the commission shall support and coordinate cooperation and exchange of information on market surveillance of energy labelling regarding product groups covered by this regulation and the delegated acts adopted pursuant to article 13 as follows :


### they shall not , for products covered by this regulation , provide or display other labels , marks , symbols or inscriptions which do not comply with the requirements of this regulation and of the relevant delegated acts , if this is likely to mislead or confuse customers with respect to the consumption of energy or other resources during use ; ### they shall not , for any product , provide or display other labels which can be confused with the energy efficiency label established by this regulation , but they may include , on a voluntary basis , clearly differentiated basis marks , symbols or inscriptions with the sole purpose of giving supplementary information with respect to the consumption of energy or other resources during use .


### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during use and supplementary information concerning energy - related products in order to allow customers to choose more efficient products . ### this regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy - related products during their intended use and throughout their life - cycle . that framework also covers supplementary information concerning the environmental and performance characteristics of energy - related products .


### that when verifying compliance with the requirements , only those verification tolerances that are set out in the delegated act shall apply ; ### the date for the evaluation and possible revision of the delegated act .


### ‘ label’ means a graphic diagram including a classification using letters from a to g in seven different colours from dark green to red in order to show consumption of energy ; ### ' label ' means a graphic diagram including a classification using letters from a to g in seven different colours from dark green to red corresponding to a maximum of seven energy classes , in order to inform the prospective customer or end - user about the consumption of energy of a product model in relation to other existing or envisegeable product models in the same product group ;


### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information ; ### the conformity assessment procedures and the measurement and calculation methods to be used to determine label and product information sheet information on the basis of the actual conditions of use ;


### energy efficiency labelling allows consumers to make informed choices with regard to energy consumption of products and thereby promotes innovation . ### energy efficiency labelling allows citizens of the union to grow more culturally mature and responsible by raising awareness of how energy efficiency impacts on the whole of society and by offering a deeper understanding of the value of a product life - cycle in their everyday lives and in the context of their consumption patterns . accordingly , citizens of the union are able to make informed consumer choices with regard to energy consumption of products and to help other consumers to do so too . energy efficiency labelling therefore promotes social involvement , individual and corporate responsibility , and innovation , thus reinforcing business , research and citizenship . labelling and information requirements are intended to allow customers to choose more efficient and sustainable products and to reduce their total consumption of energy and other resources


### where , in the course of that evaluation , the market surveillance authorities find that the energy - related product does not comply with the requirements laid down in this this regulation and its relevant delegated acts , they shall without delay require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , to withdraw the energy - related product from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as they may prescribe . article 21 of regulation no 765 / 2008 shall apply to the measures referred to in this paragraph . ### where , in the course of that evaluation , it is found that an energy - related product model does not comply with the requirements laid down in this regulation and its relevant delegated acts , the market surveillance authorities shall : require the supplier to take all appropriate corrective action to bring the energy - related product into compliance with those requirements , without delay ; ensure that the corrective action prescribed is proportionate to the nature of the risk ; establish a reasonable deadline by which the supplier is obliged to implement the corrective action ; decide at their discretion whether the corrective action can be accompanied by , or consist entirely of , restrictive measures aiming to withdraw the energy - related product from the market , or to recall it , in accordance article 21 of regulation no 765 / 2008 ; address both corrective actions and restrictive measures also to the equivalent models available on the market ; use the product database established in accordance with article 8 to determine any other national markets where the product model or its equivalents are available ; immediately notify the commission and the other member states of the results of the evaluation , the corrective actions or restrictive measures which they have required the supplier to take .


### member states shall ensure that appropriate restrictive measures , such as withdrawal of the energy - related product from their market , are taken in respect of the energy - related product concerned , without delay . ### where further investigation is undertaken pursuant to paragraph 8 , the commission shall , without delay , consult the member states and the supplier and shall evaluate the national provisional measure . on the basis of the results of that evaluation , the commission shall decide whether the national provisional measure is justified . where the commission decides that the national provisional measure is justified , it shall become a definitive measure in accordance with paragraph 9a ; when the commission decides that the national provisional measure is unjustified , it may : reject the measure , which shall be immediately withdrawn by the member state concerned ; or substitute the measure by another definitive measure at its discretion , taking into account the results of the consultation in accordance with paragraph 9a . in any event , the commission shall address the decision adopted to all member states and shall immediately notify it to the member states and the supplier thereof .


### request the label or a rescaled label from the supplier ; ### print out the label or rescaled label from the product database referred to in article 8 ;


### the locations where the label shall be displayed , such as attached to the product , printed on the packaging , provided in electronic format or displayed on line ; ### whether and how energy classes or other parameters describing the product ' s energy consumption during use should be shown on smart meters or on the product ' s interactive display ;


### the commission may , by means of delegated acts adopted pursuant to articles 12 and 13 , introduce labels or rescale existing labels . ### labels are the essential tool for conveying to the prospective customer , all over the union market , the core information about energy efficiency and other characteristics established by this regulation and by the delegated acts adopted pursuant to article 13 . labels shall have a standard design and layout , including colours , and standard dimensions .


### the design and content of the label , including a scale showing consumption of energy consisting of a to g , which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clear and legible ; ### regarding the energy efficiency label established in article 7 : the standard layout , design and content adapted to the requirements of the specific product group ; the locations where it shall be displayed for the specific products , such as attached to the product , printed on the packaging , provided in electronic format , displayed on line , etc . ; where appropriate , electronic means for labelling the specific products ;


### with a view to responding to the challenges posed by increasing flows of migrants and refugees , the objectives to which the erdf may contribute in its support of migrants and refugees should be spelled out . ### with a view to responding to the challenges posed by increasing flows of migrants and refugees , the objectives to which the erdf may contribute in its support of migrants and refugees should be spelled out . this contribution could , however , be effective , especially in countries particularly exposed to migration flows as italy , greece , malta , only if accompanied by a genuine europe - wide application of the principle of solidarity , and thus by actions aimed at a fair burden - sharing and at sustainable mutual assistance among the member states .


### there is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of low - and zero - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 2020 period26 . action carried out under the amended directive will contribute to compliance with the requirements of these standards . a more ambitious approach for public procurement can provide an important additional market stimulus . _________________ 26 com 676 final ### the amended directive should contribute to the reduction of greenhouse gases and air pollutant emissions from light - and heavy - duty vehicles . to ensure that there are adequate incentives to supporting market - uptake of zero - and low - emission vehicles in the union , provisions for their public procurement under this amendment should be aligned with provisions of union legislation on co2 emission performance of cars and vans for the post - 2020 period26 . action carried out in accordance with this directive will also contribute to compliance with the requirements of these standards and will facilitate the deployment of the associated recharging infrastructure . a more ambitious approach for public procurement will provide an important additional market stimulus . _________________ 26 com 676 final


### member states shall submit to the commission a report on the implementation of this directive by 1 january 2026 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2023 . that report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 , ### member states shall submit to the commission a report on the implementation of this directive by 1 january 2025 , and every three years thereafter . member states shall submit to the commission an intermediate report by 1 january 2022 . the intermediate report shall contain information on the steps undertaken to implement this directive , including on the number and the categories of vehicles procured by authorities and entities , on the dialogue carried out between the different levels of governance , information on member states ' intentions regarding the above reporting activities , as well as any other valuable information . information’s should follow the categories contained in regulation no 2195 / 2002 on the common procurement vocabulary 31 as noted in the annex . _________________ 31 oj l 340 , 16 . 12 . 2002 , p . 1 ,


### the commission shall submit a report on the application of this directive and on the actions taken by individual member states for the effective implementation of this directive to the european parliament and to the council every three years starting on 1 january 2027 , following the reporting from member states . ### the commission shall submit a report on the application of this directive and on the actions taken by individual member states for the effective implementation of this directive to the european parliament and to the council on 1 june 2023 at the latest , following the intermediate reporting from the member states , and every three years starting on 1 january 2027 , following the reporting from member states .


### setting minimum targets for clean vehicle procurement by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in low - and zero - emission mobility are warranted . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union . ### setting minimum targets for new procurement contracts of clean vehicles by 2025 and by 2030 at member state level should contribute to policy certainty for markets where investments in ultra - low emission mobility are warranted . targets should be met by the dates indicated in table 4 and table 5 of the annex . the minimum targets support market creation throughout the union . they provide time for the adjustment of public procurement processes and give a clear market signal . the impact assessment notes that member states increasingly set targets , depending on their economic capacity and how serious the problem is . different targets should be set for different member states in accordance with their economic capacity and exposure to pollution . minimum procurement targets should be complemented by the obligation of the contracting authorities , entities and operators to consider relevant energy and environmental aspects in all their procurement procedures . the territorial impact assessment of this amended directive illustrated that the impact will be evenly distributed among regions in the union .


### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of clean vehicles . _________________ 21 com 501 final . ### in its european strategy for low - emission mobility21 the commission announced that in order to meet the union ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero - emission by mid - century . moreover , emissions of air pollutants from transport that harm the environment and our health need to be significantly reduced without delay . this can be achieved by an array of policy initiatives , including the use of public procurement of ultra - low emission vehicles . furthermore , in order to meet its commitments under the paris agreement and to ensure a real contribution by the transport sector to the decarbonisation of society , the union should ensure the public procurement of fossil - fuel - powered vehicles is ended without delay . _________________ 21 com 501 final .


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


### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . ### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected in particular consumers and workers , as well as the general public at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . in addition to the channels of the trader who committed the infringement , this information may also be provided via relevant public authority channels or through the channels of designated qualified entities , in every case at the expense of the trader who committed the infringement .


### this directive does not replace existing national collective redress mechanisms . taking into account their legal traditions , it leaves it to the discretion of the member states whether to design the representative action set out by this directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms , insofar as the national mechanism complies with the modalities set by this directive . ### this directive does not replace existing national collective redress mechanisms . taking into account their legal traditions , it leaves it to the discretion of the member states whether to design the representative action set out by this directive as a part of an existing or future collective redress mechanism or as an alternative to these mechanisms , insofar as the national mechanism complies with the minimum standards established by this directive .


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


### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is controlled by the government of a third country , including through significant funding . ### in determining whether a foreign direct investment is likely to affect security or public order , member states and the commission may take into account whether the foreign investor is directly or indirectly controlled by the government of a third country and / or pursuing state - led national industrial policy strategies , including through significant funding or whether the foreign direct investment could lead to a monopolistic structure .


### health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in member states . harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products . it is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and monitoring . those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed , if necessary , by competent authorities together with any relevant preventive measures . in order to identify stricter or additional requirements for water quality , the reclamation plant operators should perform key risk management tasks . the parameters are based on the technical report of the commission joint research center and reflect the international standards on water reuse . ### health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in member states . harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products . it is therefore appropriate to introduce minimum harmonisation by setting minimum quality and monitoring requirements in respect of water , products and soils . those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed , if necessary , by competent authorities together with any relevant preventive measures . in order to identify stricter or additional requirements for water quality , the reclamation plant operators , distributors and end - users should perform key risk management tasks . the parameters are based on the technical report of the commission joint research center and reflect the international standards on water reuse .


### risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing reclaimed water of a quality required for particular uses . the risk assessment should be based on key risk management tasks and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment , human and animal health . ### risk management should comprise identifying and managing risks in a proactive way and incorporate the concept of producing , distributing and using reclaimed water of a quality required for particular uses . the risk assessment should be based on key risk management tasks and should identify any additional water quality requirements necessary to ensure sufficient protection of the environment , human and animal health .


### in order to effectively protect the environment and human health , reclamation plant operators should be primarily responsible for the quality of reclaimed water . for the purposes of compliance with the minimum requirements and any additional conditions , set by the competent authority , reclamation plant operators should monitor the quality of reclaimed water . it is therefore appropriate to establish the minimum requirements for monitoring , consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring . certain requirements for routine monitoring are specified in accordance with directive 91 / 271 / eec . ### in order to effectively protect the environment and human health , distributors and reclamation plant operators should be primarily responsible for the quality of reclaimed and distributed water . for the purposes of compliance with the minimum requirements and any additional conditions , set by the competent authority , reclamation plant operators and distributors should monitor the quality of reclaimed water . it is therefore appropriate to establish the minimum requirements for monitoring , consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring . certain requirements for routine monitoring are specified in accordance with directive 91 / 271 / eec .


### it is necessary to ensure the safe use of reclaimed water , thereby encouraging water reuse at union level and enhancing public confidence in it . supply of reclaimed water for particular uses should therefore only be permitted on the basis of a permit , granted by competent authorities of member states . in order to ensure harmonised approach at union level , traceability and transparency , the substantive rules for that permit should be laid down at the union level . however , the details of the procedures for granting permits should be determined by member states . member states should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this regulation . ### it is necessary to ensure the safe use of reclaimed water , thereby encouraging water reuse at union level and enhancing public confidence in it . supply and use of reclaimed water for particular uses should therefore only be permitted on the basis of a permit , granted by competent authorities of member states . in order to ensure harmonised approach at union level , traceability and transparency , the substantive rules for that permit should be laid down at the union level . however , the details of the procedures for granting permits should be determined by member states . member states should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this regulation .


### in order to encourage confidence in water reuse , information should be provided to the public . making available of information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications . ### in order to encourage confidence in water reuse , information should be provided to the public , accompanied by a system of rewards and incentives for users . making available of information on water reuse should allow for increased transparency and traceability and could also be of particular interest to other relevant authorities for whom the specific water reuse has implications .


### the purpose of this regulation is to guarantee that reclaimed water is safe for its intended use , thereby ensuring a high level of protection of human and animal health and the environment , addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the union , thus also contributing to the efficient functioning of the internal market . ### the purpose of this regulation is to guarantee that reclaimed water is safe for its intended use , thereby ensuring the maximum level of protection of human and animal health and the environment , addressing water scarcity and the resulting pressure on water resources in a coordinated way throughout the union , thus also contributing to the efficient functioning of the internal market .


### the competent authority shall verify compliance of the reclaimed water with the conditions set out in the permit , at the point of compliance . the compliance check shall be performed using the following means : ### the competent authority shall verify compliance of the reclaimed water with the conditions set out in the permit for distribution and use at the point of production compliance and at the points of final compliance . &#160 ; the compliance check shall be performed using the following means :


### in the event of non - compliance , the competent authority shall require the reclamation plant operator to take any necessary measures to restore compliance without delay . ### in the event of non - compliance , the competent authority shall require the reclamation plant operator , distributor and user to take any necessary measures to restore compliance without delay .


### electronic tolling and co - operative its applications use similar technologies and neighbouring frequency bands for short range vehicle - to - vehicle and vehicle - to - infrastructure communication . in the future , the potential for merging electronic tolling with c - its in the 5 . 9 ghz band , currently used by c - its , should be explored , after a thorough assessment of the costs , benefits , technical barriers and possible solutions thereto . ### electronic tolling and co - operative its applications use similar technologies for short range vehicle - to - vehicle and vehicle - to - infrastructure communication . in the future , the potential for merging electronic tolling with c - its in the 5 . 9 ghz band , currently used by c - its , should be explored , after a thorough assessment of the costs , benefits , technical barriers and possible solutions thereto .


### the commission shall request the relevant standardisation bodies , in particular the cen , in accordance with the procedure laid down by directive 2015 / 1535 / eu of the european parliament and of the council23 to swiftly adopt standards applicable to electronic toll systems with regard to the technologies listed in annex iv , and to update them where necessary . the commission shall request that the standardisation bodies ensure the continual compatibility of interoperability constituents . _________________ 23 directive 2015 / 1535 / eu of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services . ### the commission shall request the relevant standardisation bodies , in particular the cen and etsi , in accordance with the procedure laid down by directive 2015 / 1535 / eu of the european parliament and of the council23 to swiftly adopt standards applicable to electronic toll systems with regard to the technologies listed in annex iv , and to update them where necessary . the commission shall request that the standardisation bodies ensure the continual compatibility of interoperability constituents . _________________ 23 directive 2015 / 1535 / eu of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services .


### the manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure . the obligations for conformity assessment should rest with the manufacturer . ### the manufacturer supplies detailed knowledge of the design and production process , assisting in the implementation of the complete conformity assessment procedure . the obligations for conformity assessment should rest with the relevant market surveillance authority , in cooperation with the organisations representing persons with disabilities , with due regard to confidentiality and trade secrets .


### importers should ensure that products from third countries entering the union market comply with the accessibility requirements of this directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products . ### importers should ensure that products from third countries entering the union market comply with the accessibility requirements of this directive , providing all the necessary information to the relevant market surveillance authority to enable appropriate conformity assessment procedures to be carried out with regard to those products .


### importers should ensure that products from third countries entering the union market comply with the accessibility requirements of this directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products . ### importers shall ensure that products from third countries entering the union market comply with the accessibility requirements of this directive and in particular that appropriate conformity assessment procedures have been carried out by manufacturers with regard to those products . the importer shall be held liable for any conformity problems identified during checks by the market surveillance authority , in cooperation with organisations representing people with disabilities .


### for reasons of proportionality , accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned , or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria . ### for reasons of proportionality , accessibility requirements should only apply to the extent that they do not impose a burden the market surveillance authority judges to be excessive on the economic operator concerned , or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria .


### banking services ; ### banking services and payment terminals ;


### banking services , the websites , the mobile device - based banking services , self - service terminals , including automatic teller machines used for provision of banking services shall comply with the requirements set out in section vi of annex i . ### banking services , the websites , the mobile device - based banking services , self - service terminals , including automatic teller machines used for provision of banking services and payment terminals shall comply with the requirements set out in section vi of annex i .


### further to a reasoned request from a competent national authority , provide that authority with all the information and documentation necessary to demonstrate the conformity of a product ; ### provide a competent national authority with all the information and documentation necessary to demonstrate the conformity of a product ;


### where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in article 3 , he shall not place the product on the market until it has been brought into conformity . furthermore , where the product presents a risk , the importer shall inform the manufacturer and the market surveillance authorities to that effect . ### where an importer considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in article 3 , he shall inform the manufacturer and the market surveillance authority and shall not place the product on the market until it has been brought into conformity .


### where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in article 3 , they shall not make the product available on the market until it has been brought into conformity . furthermore , where the product presents a risk , the distributor shall inform the manufacturer and the market surveillance authorities to that effect . ### where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in article 3 , they shall inform the manufacturer and the market surveillance authorities and not make the product available on the market until it has been brought into conformity .


### the assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator . ### the assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or excessive burden shall be performed by the market surveillance authorities , in cooperation with the organisations representing persons with disabilities .


### where , on completion of the procedure set out in article 19 and , objections are raised against a measure taken by a member state , or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay enter into consultation with the member states and the relevant economic operator or operators and shall evaluate the national measure . on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not . ### where , on completion of the procedure set out in article 19 and , objections are raised against a measure taken by a member state , or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay enter into consultation with the member states , and with the organisations representing persons with disabilities and the relevant economic operator or operators , and shall evaluate the national measure . on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not .


### pnr data enable law enforcement authorities to identify persons who were previously ' unknown ' , i . e . persons previously unsuspected of involvement in serious crime and terrorism , but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities . by using pnr data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data . however , in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible , the aspects of the use of pnr data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature , i . e . are intrinsically linked to travelling and hence the type of the data being processed . ### pnr data enable law enforcement authorities to identify persons who were previously ‘ unknown’ , i . e . persons previously unsuspected of involvement in serious transnational crime and terrorism , but whom an analysis of the data suggests may well be involved in such crime and who should therefore be subject to further examination by the competent authorities . pnr data could also provide a useful means of addressing the threat of serious transnational crime and terrorism from a different perspective than through the processing of other categories of personal data . however , in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible , the aspects of the use of pnr data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature , i . e . are intrinsically linked to travelling and hence the type of the data being processed .


### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 . however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 . 38 oj l 190 , 18 . 7 . 2002 , p . 1 . ### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the list of serious transnational crimes included in this directive should be drawn up by selected a number of the offences referred to in article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 and the united nations convention against transnational organized crime . member states must exclude serious offences as defined in article 2 of council framework decision 2002 / 584 / jha that are not transnational in nature and minor offences for which the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . __________________ 37 oj l 164 , 22 . 06 . 02 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 . 38 oj l 190 , 18 . 7 . 2002 , p . 1 .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious transnational crime , as well as guaranteeing the protection of the fundamental rights of citizens , notably privacy and the protection of personal data . in particular , such lists should not contain any personal data , and in particular any data that could reveal racial , ethnic or social origin , genetic features , language , religion or personal beliefs , political or any other opinions , membership of a national minority , property , birth , disability , sexual orientation , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain only the details referred to in this directive .


### taking into account the right of passengers to be informed of the processing of their personal data , member states should ensure they are provided with accurate information about the collection of pnr data and their transfer to the passenger information unit . ### passengers have an inalienable right to be informed of the processing of their personal data , and member states should ensure they are provided with accurate information about the collection of pnr data and their transfer to the passenger information unit and about their right to access , correct , erase or block their personal data and to seek legal redress .


### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious crime . ### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers should follow a single model for the collection of pnr data to be transmitted to the passenger information unit , so as not to run the risk of compromising effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious crime .


### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights . ### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 2 years , after which the data must be permanently deleted , the data must be anonymised after a very short period , the collection and use of sensitive data and any form of direct or indirect discrimination on the basis of the data collected are prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that the independent national supervisory authority provided for in directive 95 / 46 / ec on the protection of individuals with regard to the processing of personal data and on the free movement of such data is responsible for advising and monitoring how pnr data are processed and is obliged to report to the competent authorities any infringements of the procedures for transferring and processing such data . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights .


### ‘ reservation systems’ means the air carrier’s internal inventory system , in which pnr data are collected for the handling of reservations ; ### ‘ reservation systems’ means any inventory system used by the air carrier in which pnr data are collected for the handling of reservations ;


### ‘ push method’ means the method whereby air carriers transfer the required pnr data into the database of the authority requesting them ; ### ’push method’ means the method whereby air carriers transfer the pnr data to the passenger information unit ;


### responding , on a case - by - case basis , to duly reasoned requests from competent authorities to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious crime , and to provide the competent authorities with the results of such processing ; and ### responding , on a case - by - case basis , to duly reasoned requests from competent judicial authorities to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious transnational crime , and to provide the competent authorities with the results of such processing ; and


### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of common assessment criteria established by the commission through delegated acts pursuant to point of paragraph 2 . the assessment criteria shall in no circumstances be based on a person’s racial , ethnic or social origin , genetic features , language , religion or personal beliefs , political or any other opinions , membership of a national minority , assets , birth , disabilities , sexual preferences , trade union membership or data concerning health or sexual life .


### the competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the competent authorities shall not take any decision that produces an adverse legal effect on a person or affects a person only by reason of the automated processing of pnr data . neither shall such decisions be taken on the basis of a person’s racial , ethnic or social origin , genetic features , language , religion or personal beliefs , political or any other opinions , membership of a national minority , assets , birth , disabilities , sexual preferences , trade union membership or data concerning health or sexual life .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall firstly determine whether the pnr scheme is really a necessary measure and secondly , cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 and the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination . ### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the total number of persons whose pnr data have been collected and transferred , the number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to article 4 , the number of subsequent law enforcement actions that were taken involving the use of pnr data , the number of convictions secured with the aid of pnr data , and the total number of ' false positives ' , per air carrier and destination .


### ' made - to - measure ppe ' means ppe produced as a single unit to accommodate the special needs of an individual user according to a basic model , following the instructions of the designer of that basic model and respecting the range of permissible variations ; ### ' made - to - measure ppe ' means ppe produced to accommodate the special needs of specific individual person according to a basic model , following the instructions of the manufacturer of that basic model and respecting the range of permissible variations ;


### ' placing on the market ' means the first making available of ppe on the union market ; ### ' placing on the market ' means the first making available of the ppe type on the union market ;


### member states shall take all appropriate measures to ensure that ppe is made available on the market only if , where properly maintained and used for its intended purpose , it complies with this regulation . ### member states shall take all appropriate and necessary measures to ensure that ppe is made available on the market only if , where properly maintained , clearly explained its functioning and used for its intended purpose , it complies with this regulation ;


### this regulation shall not affect member states ' entitlement , in particular when implementing directive 89 / 656 / eec , to lay down requirements concerning the use of ppe provided that these requirements do not affect the design of ppe which is placed on the market in accordance with this regulation . ### this regulation shall not affect member states ' entitlement , in particular when implementing directive 89 / 656 / eec , to lay down any requirement concerning the use of ppe which they consider necessary to ensure the protection of end - users and third parties provided that these requirements do not affect the design of ppe which is placed on the market in accordance with this regulation .


### when placing ppe on the market , manufacturers shall ensure that it has been designed and manufactured in accordance with the applicable essential health and safety requirements set out in annex ii . ### when placing ppe on the market , manufacturers shall ensure that it has been designed and manufactured in accordance with the applicable essential and necessary health and safety requirements set out in annex ii .


### manufacturers shall keep the technical documentation and the eu declaration of conformity for at least 10 years after the ppe has been placed on the market . ### manufacturers shall keep the technical documentation and the eu declaration of conformity for at least 10 years after the ppe has been made available on the market .


### manufacturers shall ensure that the ppe which they place on the market bears a type , batch or serial number or other element allowing its identification or , where the size or nature of the ppe does not allow it , that the required information is provided on the packaging or a document accompanying the ppe . ### manufacturers shall ensure that every single ppe which they place on the market bears a type , batch or serial number or other element allowing its identification or , where the size or nature of the ppe does not allow it , that the required information is provided on the packaging or a document accompanying the ppe .


### manufacturers shall indicate , on the ppe , their name , registered trade name or registered trade mark and the postal address at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the ppe . the address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in a language easily understood by end - users and market surveillance authorities . ### manufacturers shall indicate , on the ppe , their name , registered trade name or registered trade mark at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the ppe . the contact details shall be in the language of the end - users and market surveillance authorities .


### manufacturers shall ensure that the ppe is accompanied by the instructions set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users , as determined by the member state concerned . ### manufacturers shall ensure that every ppe , included its smallest unit , is accompanied by the instructions set out in point 1 . 4 of annex ii in the language of end - users , as required by the member state concerned in which the ppe is made available on the market .


### importers shall ensure that the ppe is accompanied by the instructions referred to in point 1 . 4 of annex ii in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### importers shall ensure that every ppe , including its smallest unit , is accompanied by the instructions set out in point 1 . 4 of annex ii in the language of end - users , as required by the member state concerned in which the ppe is made available on the market .


### importers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring the ppe into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , importers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### importers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring the ppe into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , importers shall immediately inform the manufacturer and the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken .


### distributors who consider or have reason to believe that ppe which they have made available on the market is not in conformity with the requirements of this regulation shall make sure that the necessary corrective measures are taken to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , distributors shall immediately inform the market surveillance authorities of the member states in which they have made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### distributors who consider or have reason to believe that ppe which they have made available on the market is not in conformity with the requirements of this regulation shall make sure that the necessary corrective measures are taken to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , distributors shall immediately inform the manufacturer and importer as well as the market surveillance authorities of the member states in which they have made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken .


### keep the eu declaration of conformity and the technical documentation at the disposal of the national market surveillance authorities for at least 10 years after the ppe has been placed on the market ; ### keep the eu declaration of conformity and the technical documentation at the disposal of the national market surveillance authorities for at least 10 years after the ppe has been made available on the market ;


### further to a reasoned request from a national market surveillance authority , provide that authority with all the information and documentation necessary to demonstrate the conformity of the ppe ; ### further to a request from a national market surveillance authority , provide that authority with all the information and documentation necessary , in paper and electronic form , to demonstrate the conformity of the ppe ;


### importers shall place only compliant ppe on the market . ### importers shall place on the market only ppe that fulfils the requirements of this regulation and complies with the relevant union provisions with respect to health and safety requirements .


### before placing ppe on the market , importers shall ensure that the appropriate conformity assessment procedure referred to in article 18 have been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation , that the ppe bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the instructions referred to in article 8 and that the manufacturer has complied with the requirements set out in article 8 and . ### before placing ppe on the market , importers shall ensure that the essential conformity assessment procedure referred to in article 18 have been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up and communicated the technical documentation , that the ppe bears the ce marking , is accompanied by the eu declaration of conformity and a simplified eu declaration of conformity , and that it is accompanied by the instructions referred to in article 8 and that the manufacturer has complied with all the requirements set out in article 8 and .


### importers shall indicate , on the ppe , their name , registered trade name or registered trade mark and the postal address at which they can be contacted , or where that is not possible , on its packaging or in a document accompanying the ppe . the contact details shall be in a language easily understood by end - users and market surveillance authorities . ### importers shall indicate , on the ppe , their name , registered trade name or registered trade mark , or where that is not possible , on its packaging or in a document accompanying the ppe .


### the eu declaration of conformity shall state that the fulfilment of the applicable essential health and safety requirements set out in annex ii has been demonstrated . ### the eu declaration of conformity shall state that the fulfilment of the applicable essential health and safety requirements set out in annex ii has been demonstrated . the model structure of the eu declaration of conformity shall be easily accessible through an internet address to the economic operators .


### the ce marking shall be affixed visibly , legibly and indelibly to the ppe . where that is not possible or not warranted on account of the nature of the ppe , it shall be affixed to the packaging and to the accompanying documents . ### the ce marking shall be affixed visibly , legibly and indelibly to the ppe . where that is not possible or not warranted on account of the nature of the ppe , it shall be affixed to the packaging or to the accompanying documents .


### the ce marking shall be affixed before the ppe is placed on the market . it may be followed by a pictogram or other marking indicating the risk against which the ppe is intended to protect . ### the ce marking shall be affixed before the ppe is placed on the market . it may be accompanied by a pictogram or other marking indicating the risk against which the ppe is intended to protect .


### a conformity assessment body shall be a third - party body independent of the organisation or the ppe it assesses . ### a conformity assessment body shall be a third - party body independent of the organisation or the ppe it assesses and shall sign a declaration certifying its independence and impartiality . it shall dully take into account the health and safety requirements laid down in directive 89 / 391 / eec and , in particular , directive 89 / 656 / eec .


### low - temperature environments the effects of which are comparable to those of an air temperature of - 50°c or less ; ### low - temperature environments the effects of which are equivalent to those of an air temperature of - 50°c or less taking into account the wind - chill ;


### ppe must provide adequate protection against the risks against which it is intended to protect . ### ppe must provide adequate and complete protection against the risks in order to ensure and preserve the health and safety of users and third parties .


### 2 . 1 . 2 . satisfactory surface condition of all ppe parts in contact with the user ### 2 . 1 . 2 . optimal surface condition of all ppe parts in contact with the user


### instructions for storage , use , cleaning , maintenance , servicing and disinfection . cleaning , maintenance or disinfectant products recommended by manufacturers must have no adverse effect on the ppe or the user when applied in accordance with the relevant instructions ; ### instructions for storage , use , cleaning , maintenance , servicing and disinfection . cleaning , maintenance or disinfectant products indicated by manufacturers must have no adverse effect on the ppe or the user when applied in accordance with the relevant instructions ;


### the date or period of obsolescence of the ppe or of certain of its components ; ### the date or period of obsolescence of the ppe or of its components ;


### these instructions , which must be precise and comprehensible , must be provided at least in the official language of the member state of destination . ### these instructions , which must be precise and comprehensible , must be provided in the official language of the member state of destination in order to allow the end - user to safely and correctly use the ppe . any additional relevant instructions for selection , use , care and maintenance of the ppe must be made available in a way that is easily accessible to any concerned person .


### if necessary , they must be treated or provided with means to prevent misting up . ### they must be treated or provided with means to prevent misting up .


### where appreciable and rapid deterioration in ppe performance is likely to be caused by ageing resulting from the periodic use of a cleaning process recommended by the manufacturer , the latter must , if possible , affix a marking to each item of ppe placed on the market indicating the maximum number of cleaning operations that may be carried out before the equipment needs to be inspected or discarded ; failing that , the manufacturer must give this information in his instructions . ### where appreciable and rapid deterioration in ppe performance is likely to be caused by ageing resulting from the periodic use of a cleaning process recommended by the manufacturer , the latter must affix a marking to each item of ppe placed on the market indicating the maximum number of cleaning operations that may be carried out before the equipment needs to be inspected or discarded .


### 8 . ppe for intervention in very dangerous situations ### 8 . ppe for intervention in high risk situations


### the instructions supplied by the manufacturer with ppe for intervention in very dangerous situations must include , in particular , data intended for competent , trained persons who are qualified to interpret them and ensure their application by the user . ### the instructions supplied by the manufacturer with ppe for intervention in high risk situations must include , in particular , data intended for competent , trained persons who are qualified to interpret them and ensure their application by the user .


### where the ppe incorporates an alarm which is activated in the absence of the level of protection normally provided , this must be designed and placed so that it can be perceived by the user in the foreseeable conditions of use . ### where the ppe incorporates an alarm which is activated in the absence of the level of protection normally provided , this must be designed and placed so that it can be perceived by the user in every foreseeable condition of use .


### where ppe incorporates components which can be adjusted or removed by the user for replacement purposes , they must be designed and manufactured so that they can be easily attached and removed without tools . ### where ppe incorporates components which can be adjusted or removed by the user for replacement purposes , they must be designed and manufactured so that they can be easily adjusted and removed without tools .


### the identification markings or indicators directly or indirectly relating to health and safety affixed to these types of ppe must , if possible , take the form of harmonized pictograms or ideograms . they must be perfectly visible and legible and remain so throughout the foreseeable useful life of the ppe . in addition , these markings must be complete , precise and comprehensible so as to prevent any misinterpretation ; in particular , when such markings include words or sentences , the latter must be written in the official language of the member state where the equipment is to be used . ### the identification markings or indicators directly or indirectly relating to health and safety affixed to these types of ppe must , take the form of harmonized pictograms or ideograms . they must be perfectly visible and legible and remain so throughout the foreseeable useful life of the ppe . in addition , these markings must be complete , precise and comprehensible so as to prevent any misinterpretation ; in particular , when such markings include words or sentences , the latter must be written in the official language of the member state where the equipment is to be used .


### where the ppe is too small to allow all or part of the necessary marking to be affixed , the relevant information must be mentioned on the packaging and in the manufacturer ' s instructions . ### where the ppe is too small to allow all or part of the necessary marking to be affixed , the relevant information must be mentioned on the packaging and clearly and properly mentioned in the manufacturer ' s instructions .


### ppe intended to protect the user against several potentially simultaneous risks must be designed and manufactured to satisfy , in particular , the essential health and safety requirements specific to each of those risks . ### ppe intended to protect the user against several potentially simultaneous risks must be designed and manufactured to satisfy , in particular , all the health and safety requirements specific to each of those risks .


### 4 . protection in the water ### 4 . protection in liquid medium


### clothing which will ensure an effective degree of buoyancy , depending on its foreseeable use , which is safe when worn and which affords positive support in water . in foreseeable conditions of use , this ppe must not restrict the user ' s freedom of movement but must enable him , in particular , to swim or take action to escape from danger or to rescue other persons . ### clothing which will ensure an effective degree of buoyancy , depending on its foreseeable use , which is safe when worn and which affords positive support in a liquid medium . in foreseeable conditions of use , this ppe must not restrict the user ' s freedom of movement but must enable him , in particular , to swim or take action to escape from danger or to rescue other persons .


### each item of ppe must bear labelling indicating the noise attenuation level provided by the ppe ; should this not be possible , the labelling must be fixed to the packaging . ### each item of ppe must bear labelling indicating the noise attenuation level provided by the ppe ; should this not be possible , the labelling must be clearly and properly fixed to the packaging .


### constituent materials and other components intended for protection against radiant and convective heat must possess an appropriate coefficient of transmission of incident heat flux and be sufficiently incombustible to preclude any risk of spontaneous ignition under the foreseeable conditions of use . ### constituent materials and other components intended for protection against radiant and convective heat must possess an appropriate coefficient of transmission of incident heat flux and be adequately incombustible to preclude any risk of spontaneous ignition under the foreseeable conditions of use .


### ppe materials and other components which may accidentally come into contact with flame and those used in the manufacture of fire - fighting equipment must also possess a degree of non - flammability corresponding to the risk class associated with the foreseeable conditions of use . they must not melt when exposed to flames nor contribute to flame propagation . ### ppe materials and other components which may accidentally come into contact with flame and those used in the manufacture of industrial or fire - fighting equipment must also possess a degree of non - flammability and thermal or arc heat protection corresponding to the risk class associated with the foreseeable conditions of use . they must not melt when exposed to flames nor contribute to flame propagation .


### the manufacturer ' s instructions accompanying ppe intended for brief use in high - temperature environments must in particular provide all relevant data for the determination of the maximum permissible user exposure to the heat transmitted by the equipment when used in accordance with its intended purpose . ### the manufacturer ' s instructions accompanying ppe intended for limited time use in high - temperature environments must in particular provide all relevant data for the determination of the maximum permissible user exposure to the heat transmitted by the equipment when used in accordance with its intended purpose .


### ppe must as far as possible prevent the penetration of such liquids as rain water and must not cause injuries resulting from contact between its cold protective integument and the user . ### ppe must prevent the penetration of such liquids as rain water and must not cause injuries resulting from contact between its cold protective integument and the user .


### ppe designed to prevent acute or chronic eye - damage from sources of non - ionizing radiation must be capable of absorbing or reflecting the majority of the energy radiated in the harmful wavelengths without unduly affecting the transmission of the innocuous part of the visible spectrum , the perception of contrasts and the ability to distinguish colours where required by the foreseeable conditions of use . ### ppe designed to prevent acute or chronic eye - damage from sources of non - ionizing radiation must be capable of absorbing or reflecting all the energy radiated in the harmful wavelengths without unduly affecting the transmission of the innocuous part of the visible spectrum , the perception of contrasts and the ability to distinguish colours where required by the foreseeable conditions of use .


### furthermore , the glasses must not deteriorate or lose their properties as a result of the effects of radiation emitted under the foreseeable conditions of use and all marketed specimens must bear the protection - factor number corresponding to the spectral distribution curve of their transmission factor . ### furthermore , the eye protective equipment must not deteriorate or lose their properties as a result of the effects of radiation emitted under the foreseeable conditions of use and all marketed specimens must bear the protection - factor number corresponding to the spectral distribution curve of their transmission factor .


### glasses suitable for radiation sources of the same type must be classified in the ascending order of their protection factors and the manufacturer ' s instructions must indicate , in particular , how to select the appropriate ppe taking into account the relevant conditions of use such as the distance from the source and the spectral distribution of the energy radiated at that distance ### eye protective equipment suitable for radiation sources of the same type must be classified in the ascending order of their protection factors and the manufacturer ' s instructions must indicate , in particular , how to select the appropriate ppe taking into account the relevant conditions of use such as the distance from the source and the spectral distribution of the energy radiated at that distance


### the relevant protection factor number must be marked on all specimens of filtering glasses by the manufacturer . ### the relevant protection factor number must be marked on all specimens of filtering eye protective equipment by the manufacturer .


### to this end , the constituent materials and other components of these types of ppe must be chosen or designed and incorporated to ensure , as far as possible , complete leak - tightness , which will allow where necessary prolonged daily use or , failing this , limited leak - tightness necessitating a restriction of the period of wear . ### to this end , the constituent materials and other components of these types of ppe must be chosen or designed and incorporated to ensure , complete leak - tightness , which will allow also a prolonged daily use or , failing this , limited leak - tightness necessitating a restriction of the period of wear .


### a list of the essential health and safety requirements that are applicable to the ppe ; ### a list of all essential health and safety requirements that are applicable to the ppe ;


### a description of the means used by the manufacturer during the production of the ppe to ensure the conformity of the ppe produced with the design specifications ; ### a description of the means used by the manufacturer during the production of the ppe to ensure the conformity of the ppe produced with the specifications defined in the technical documentation ;


### 3 . the manufacturer shall ensure that the ppe continues to fulfil the applicable essential health and safety requirements in light of the state of the art . ### 3 . the manufacturer shall ensure that the ppe continues to fulfil the applicable essential health and safety requirements .


### in case of a change in the state of the art referred to in point 7 . 3 ; ### in case of a change in the legal requirements referred to in point 7 . 3 ;


### for made - to - measure ppe the manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured made - to - measure ppe with the basic model described in the eu type - examination certificate and with the applicable essential health and safety requirements . ### for made - to - measure ppe the manufacturer shall take all measures necessary so that the production process and its monitoring ensure conformity of the made - to - measure ppe with the basic model described in the eu type - examination certificate and with the applicable essential health and safety requirements . for individually adapted ppe the manufacturer shall take all measures necessary so that the adaptation process and its monitoring ensure conformity of the individually adapted ppe with the basic model described in the eu type - examination certificate and with the applicable essential health and safety requirements .


### ppe : ### identification of the ppe :


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and efficient use of natural resources and promoting the principles of the circular economy .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### member states shall comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 .


### without prejudice to paragraph 3 , the emission reduction policies and measures contained in the national air pollution control programme shall be updated within 12 months in either of the following cases : ### without prejudice to paragraph 3 , the emission reduction policies and measures contained in the national air pollution control programme shall be updated within 12 months when :


### member states should prepare and annually update national emission inventories for the pollutants set out in table b of annex i , in accordance with the requirements set out therein . ### member states shall prepare and annually update national emission inventories for the pollutants set out in table b of annex i , in accordance with the requirements set out therein .


### member states shall ensure , if practicable , the monitoring of adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in annex v . ### member states shall ensure the monitoring of adverse impacts of air pollution upon ecosystems in accordance with the requirements laid down in annex v .


### this directive aims to criminalise money laundering when committed intentionally . intention and knowledge may be inferred from objective , factual circumstances . as this directive provides for minimum rules , member states are free to adopt or maintain more stringent criminal law rules for money laundering . member states may , for example , provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence . ### this directive aims to define money laundering as an intentional crime . intention and knowledge may be inferred from objective , factual circumstances . as this directive provides for minimum rules , member states are free to adopt or maintain more stringent criminal law rules for money laundering . member states may , for example , provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence .


### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , 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 notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are equally implemented . the penalties provided for shall be effective , proportionate , dissuasive and ensuring the level playing field . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them .


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### the commission with the cooperation of the member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods .


### the effectiveness of the targets set out in this regulation in reducing co2 emissions in reality is strongly dependent on the representativeness of the official test procedure . in accordance with the opinion of the scientific advice mechanism 23 and the recommendation of the european parliament , following its inquiry into emission measurements in the automotive sector24 , a mechanism should be put in place to assess the real world representativeness of vehicle co2 emissions and energy consumption values determined in accordance with regulation 2017 / 1151 . the commission should have the powers to ensure the public availability of such data , and , where necessary , develop the procedures needed for identifying and collecting the data required for performing such assessments . __________________ 23 high level group of scientific advisors , scientific opinion 1 / 2016 ' closing the gap between light - duty vehicle real - world co2 emissions and laboratory testing ' 24 european parliament recommendation of 4 april 2017 to the council and the commission following the inquiry into emission measurements in the automotive sector ) ### the effectiveness of the targets set out in this regulation in reducing co2 emissions in reality is strongly dependent on the representativeness of the official test procedure . in accordance with the opinion of the scientific advice mechanism 23 and the recommendation of the european parliament , following its inquiry into emission measurements in the automotive sector24 , a mechanism should be put in place to assess the real world representativeness of vehicle co2 emissions and energy consumption values determined in accordance with regulation 2017 / 1151 . the most effective way to achieve this is to measure emissions by using a real - world co2 emission test , which should be introduced without delay and should be paired by a justifiable not - to - exceed limit over the type approved laboratory value . until the real - world co2 emission test is applied , the real - world compliance should be measured by using data from fuel consumption meters , also based on a not - to - exceed limit , to ensure that emission reductions are achieved on the road . the commission should be empowered to develop the real - world co2 emission test as well as to ensure the public availability of the data from fuel consumption meters , and , where necessary , develop the procedures needed for identifying and collecting the data required for performing such assessments . __________________ 23 high level group of scientific advisors , scientific opinion 1 / 2016 ' closing the gap between light - duty vehicle real - world co2 emissions and laboratory testing ' 24 european parliament recommendation of 4 april 2017 to the council and the commission following the inquiry into emission measurements in the automotive sector )


### in order to amend or supplement non - essential elements of the provisions of this regulation 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 in respect of amending annexes ii and iii as regards data requirements and data parameters , supplementing the rules on the interpretation of the eligibility criteria for derogations from the specific emissions targets , on the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of co2 , adjusting the figure of m0 and tm0 , referred to in article 13 , the 7 g co2 / km cap referred to in article 11 , and the adjustment of the formulae in annex i referred to in article 14 . 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 of 13 april 2016 on better law - making26 . 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 should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 26 oj l 123 , 12 . 5 . 2016 , p . 1 . ### in order to amend or supplement non - essential elements of the provisions of this regulation 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 in respect of amending annexes ii and iii as regards data requirements and data parameters , establishing the rules and procedures for reporting life - cycle emissions referred to in article 7 , supplementing the rules on the interpretation of the eligibility criteria for derogations from the specific emissions targets , on the content of applications for a derogation and on the content and assessment of programmes for the reduction of specific emissions of co2 , adjusting the figure of m0 and tm0 , referred to in article 13 , the 7 g co2 / km cap referred to in article 11 , developing a real - world co2 emission test referred to in article 12 , and the adjustment of the formulae in annex i referred to in article 14 . 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 of 13 april 2016 on better law - making26 . 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 should systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 26 oj l 123 , 12 . 5 . 2016 , p . 1 .


### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 10 , the fourth subparagraph of article 11 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for an indeterminate period of time from [ the date of entry into force of this regulation ] . ### the power to adopt delegated acts referred to in the second subparagraph of article 7 , article 7 , article 10 , the fourth subparagraph of article 11 , article 12 , article 13 and the second subparagraph of article 14 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation .


### in order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the treaties and this regulation , initiatives that comply with the conditions laid down in this regulation should be registered by the commission before collecting statements of support from citizens . the commission should deal with registration in accordance with the general principles of good administration . ### in order to ensure coherence and transparency in relation to initiatives and to avoid a situation where signatures are collected for an initiative which does not comply with the conditions laid down by the treaties and this regulation , the commission should acquire the opinion of the hearing officer pursuant to this regulation and , where that opinion is favourable , should register the initiatives that comply with the conditions laid down in this regulation before collecting statements of support from citizens . the commission and the hearing officer should deal with registration in accordance with the general principles of good administration .


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### when an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should , in addition , have the right to present that initiative at a second public hearing at union level . the public hearing should be organised by the european parliament within three months from the submission of the initiative .


### in that case , the group of organisers may either amend the initiative to take into account the commission ' s assessment to ensure that the initiative is in conformity with the requirement laid down in paragraph 3 or maintain or withdraw the initial initiative . the group of organisers shall inform the commission of its choice within one month of the receipt of the commission ' s assessment giving the reasons thereof , and shall , as the case may be , transmit amendments to the information referred to in annex ii to replace the initial initiative . ### in that case , the group of organisers may either amend the initiative to take into account the hearing officer ' s assessment to ensure that the initiative is in conformity with the requirement laid down in paragraph 3 or maintain or withdraw the initial initiative . the group of organisers shall inform the commission and the hearing officer of its choice within one month of the receipt of the assessment giving the reasons thereof , and shall , as the case may be , transmit amendments to the information referred to in annex ii to replace the initial initiative .


### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . ### where there is a refusal to register or only partially register an initiative in accordance with paragraph 4 , the hearing officer shall provide clear , comprehensive and detailed information on the reasons for his or her assessment . the commission shall forward that information to the group of organisers and also inform them clearly and comprehensively of all possible judicial and extrajudicial remedies available to them .