### joint undertakings; ### joint undertakings , notably the smart networks and services joint undertaking , the key digital technologies joint undertaking and the high-performance computing joint undertaking;


### (1) whereas: in order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices , such as practices associated with the early obsolescence of goods , misleading environmental claims (“greenwashing”) , non-transparent and non-credible sustainability labels or sustainability information tools , specific rules should be introduced in union consumer law. this would enable national competent bodies to address those practices effectively. by ensuring that environmental claims are fair , consumers will be able to choose products that are genuinely better for the environment than competing products. this will encourage competition towards more environmentally sustainable products , thus reducing negative impact on the environment. ### (1) in order to tackle unfair commercial practices which prevent and impede consumers from making sustainable consumption choices , such as practices associated with the early obsolescence of goods , misleading environmental claims (“greenwashing”) , non-transparent and non-credible sustainability labels or sustainability information tools , specific rules should be introduced in union consumer law. this would enable national competent bodies to address those practices effectively. by ensuring that environmental claims are truthful , consumers will be able to choose products that are genuinely better for the environment than competing products. this will encourage competition towards more environmentally sustainable products , thus reducing negative impact on the environment.


### (3) in order to deter traders from deceiving consumers as regards the environmental or social impact , durability or reparability of their products , including through the overall presentation of the products , article 6(1) of directive 2005/29/ec should be amended by adding the environmental or social impact , durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading , following a case-by-case assessment. information provided by traders on the social sustainability of products , such as working conditions , charity contributions or animal welfare , should not mislead consumers either. ### (3) in order to deter traders from deceiving consumers as regards the environmental or durability or reparability of their products , including through the overall presentation of the products , article 6(1) of directive 2005/29/ec should be amended by adding the environmental or durability , reusability , recyclability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading , following a case-by-case assessment.


### (3) in order to deter traders from deceiving consumers as regards the environmental or social impact , durability or reparability of their products , including through the overall presentation of the products , article 6(1) of directive 2005/29/ec should be amended by adding the environmental or social impact , durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading , following a case-by-case assessment. information provided by traders on the social sustainability of products , such as working conditions , charity contributions or animal welfare , should not mislead consumers either. ### (3) in order to deter traders from deceiving consumers as regards the environmental or social impact through the whole production chain , durability , reparability , upgradability , reusability , recyclability , single-use nature and the right to return to the producer of their products , including through the overall presentation of the products , article 6(1) of directive 2005/29/ec should be amended by adding the environmental or social impact through the whole production chain , durability , reparability , upgradability , reusability , recyclability , single-use nature , and the right to return to the producer of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading , following a case-by-case assessment. products should not be considered as single-use unless they are defined and declared to be so. information provided by traders on the social sustainability of the whole production chain of products , such as working conditions , charity contributions or animal welfare , should not mislead consumers either.


### (4) environmental claims , in particular climate-related claims , increasingly relate to future performance in the form of a transition to carbon or climate neutrality , or a similar objective , by a certain date. through such claims , traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. to ensure the fairness and credibility of such claims , article 6(2) of directive 2005/29/ec should be amended to prohibit such claims , following a case-by-case assessment , when they are not supported by clear , objective and verifiable commitments and targets given by the trader. such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets. ### (4) environmental claims , in particular climate-related claims , increasingly relate to future performance in the form of a transition to carbon or climate neutrality , or a similar objective , by a certain date. through such claims , traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. to ensure the truthfulness and credibility of such claims , article 6(2) of directive 2005/29/ec should be amended to prohibit such claims , following a case-by-case assessment , when they are not supported by clear , objective , sufficiently specific and verifiable commitments and targets given by the trader. such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the level of fulfilment of the commitments and targets.


### (9) annex i to directive 2005/29/ec should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. examples of such generic environmental claims are ‘environmentally friendly’ , ‘eco-friendly’ , ‘eco’ , ‘green’ , ‘nature’s friend’ , ‘ecological’ , ‘environmentally correct’ , ‘climate friendly’ , ‘gentle on the environment’ , ‘carbon friendly’ , ‘carbon neutral’ , ‘carbon positive’ , ‘climate neutral’ , ‘energy efficient’ , ‘biodegradable’ , ‘biobased’ or similar statements , as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium , such as the same advertising spot , product’s packaging or online selling interface. for example , the claim ‘biodegradable’ , referring to a product , would be a generic claim , whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim , which does not fall under this prohibition. ### (9) annex i to directive 2005/29/ec should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. examples of such generic environmental claims are ‘environmentally friendly’ , ‘eco-friendly’ , ‘eco’ , ‘green’ , ‘nature’s friend’ , ‘ecological’ , ‘environmentally correct’ , ‘climate friendly’ , ‘gentle on the environment’ , ‘carbon friendly’ , ‘carbon neutral’ , ‘carbon positive’ , ‘climate neutral’ , ‘energy efficient’ , ‘biodegradable’ , ‘biobased’ or similar statements , as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium , such as the same advertising spot , product’s packaging or online selling interface. where space limitations on the same medium exist , it should be possible to provide the specification through digital means. for example , the claim ‘biodegradable’ , referring to a product , would be a generic claim , whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim , which does not fall under this prohibition. it should not be considered a generic environmental claim or a sustainability label when an aggregator program , a filtering functionality , badges or visual representations in online selling interfaces provide consumers the possibility to access or to filter for products or services that are covered by sustainability labels or certification schemes.


### (9) annex i to directive 2005/29/ec should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. examples of such generic environmental claims are ‘environmentally friendly’ , ‘eco-friendly’ , ‘eco’ , ‘green’ , ‘nature’s friend’ , ‘ecological’ , ‘environmentally correct’ , ‘climate friendly’ , ‘gentle on the environment’ , ‘carbon friendly’ , ‘carbon neutral’ , ‘carbon positive’ , ‘climate neutral’ , ‘energy efficient’ , ‘biodegradable’ , ‘biobased’ or similar statements , as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium , such as the same advertising spot , product’s packaging or online selling interface. for example , the claim ‘biodegradable’ , referring to a product , would be a generic claim , whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim , which does not fall under this prohibition. ### (9) annex i to directive 2005/29/ec should also be amended to prohibit making vague or non-specific environmental claims examples of such vague or non-specific environmental claims are ‘environmentally friendly’ , ‘eco-friendly’ , ‘eco’ , ‘green’ , ‘nature’s friend’ , ‘ecological’ , ‘environmentally correct’ , ‘climate friendly’ , ‘gentle on the environment’ , ‘carbon friendly’ , ‘carbon neutral’ , ‘carbon positive’ , ‘climate neutral’ , ‘energy efficient’ , ‘biodegradable’ , ‘biobased’ or similar statements , as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. such vague or non-specific environmental claims should be prohibited whenever there is no environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium or through digital means , such as the same advertising spot , product’s packaging or online selling interface. for example , the claim ‘biodegradable’ , referring to a product , would be a vague or non-specific claim , whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim , which does not fall under this prohibition.


### (10) excellent environmental performance can be demonstrated by compliance with regulation (ec) no 66/2010 of the european parliament and of the council22 , or officially recognised ecolabelling schemes in the member states , or compliance with top environmental performance for a specific environmental aspect in accordance with other applicable union laws , such as a class a in accordance with regulation (eu) 2017/1369 of the european parliament and of the council23 . the excellent environmental performance in question should be relevant to the claim. for example , a generic claim ‘energy efficient’ could be made based on excellent environmental performance in accordance with regulation (eu) 2017/1369. by contrast , a generic claim ‘biodegradable’ could not be made based on excellent environmental performance in accordance with regulation (ec) no 66/2010 , insofar as there are no requirements for biodegradability in the specific eu ecolabel criteria related to the product in question. ### (10) environmental performance can be demonstrated by compliance with regulation (ec) no 66/2010 of the european parliament and of the council22 , or officially recognised ecolabelling schemes in the member states , or compliance with environmental performance for a specific environmental aspect in accordance with other applicable union laws , such as recognised environmental performance that corresponds with the two highest significantly populated classes of energy efficiency in accordance with regulation (eu) 2017/1369 of the european parliament and of the council23 . the environmental performance in question should be relevant to the claim. for example , a generic claim ‘energy efficient’ could be made based on environmental performance in accordance with regulation (eu) 2017/1369. by contrast , a vague or non-specific claim ‘biodegradable’ could not be made based on environmental performance in accordance with regulation (ec) no 66/2010 , insofar as there are no requirements for biodegradability in the specific eu ecolabel criteria related to the product in question.


### (15) it should be prohibited to omit to inform the consumer that a software update , including a security update , will negatively impact the use of goods with digital elements or certain features of those goods , even if the update improves the functioning of other features. for example , when inviting consumers to update the operating system on their smartphone , the trader will have to inform the consumer if such an update will negatively impact the functioning of any of the features of the smartphone. ### (15) it should be prohibited to omit to inform the consumer that a software update , including a security update , will have a negative impact , where relevant , on the durability of goods with digital elements or certain features of those goods , even if the update improves the functioning of other features. for example , when inviting consumers to update the operating system on their smartphone , the trader will have to inform the consumer , where relevant , if such an update will have a negative impact on the durability of any of the features of the smartphone.


### (16) it should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduced to limit its durability. for example , such a feature could be software which stops or downgrades the functionality of the good after a particular period of time , or it could be a piece of hardware which is designed to fail after a particular period of time. the prohibition of omitting to inform consumers of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under directive (eu) 2019/771 of the european parliament and of the council26 . for such a commercial practice to be considered unfair , it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. the use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in directive (eu) 2019/771. ### deleted


### (17) another practice which should be prohibited under annex i to directive 2005/29/ec is the practice of claiming that a good has a certain durability when it does not. that would be the case , for instance , when a trader informs consumers that a washing machine is expected to last a certain number of washing cycles , while the actual use of washing machine shows this is not the case. ### (17) another practice which should be prohibited under annex i to directive 2005/29/ec is the practice of claiming that a good has a certain durability when it does not. that would be the case , for instance , when a trader informs consumers that a washing machine is expected to last a certain number of washing cycles with normal expected use in accordance with instructions while the actual use of washing machine shows this is not the case.


### (18) similarly , annex i to directive 2005/29/ec should also be amended to prohibit presenting products as allowing repair when such repair is not possible , as well as omitting to inform consumers that it is not possible to repair goods in accordance with legal requirements. ### (18) similarly , annex i to directive 2005/29/ec should also be amended to prohibit presenting products as allowing repair when such repair is not possible provided the product has been used in accordance with expected as normal use , as well as omitting to inform consumers that it is not possible to repair goods in accordance with legal requirements.


### (20) another practice associated with early obsolescence which should be prohibited and added to the list in annex i to directive 2005/29/ec is inducing the consumer into replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced , thus leading them to purchase more consumables than necessary. for example , the practice of urging the consumer , via the settings of the printer , to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited. ### (20) another practice should be prohibited and added to the list in annex i to directive 2005/29/ec is inducing the consumer into replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced , thus leading them to purchase more consumables than necessary. for example , the practice of urging the consumer , via the settings of the printer , to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited provided that the purpose is only to promote sales.


### (22) in order for consumers to take better informed decisions and stimulate the demand for , and the supply of , more durable goods , specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. moreover , as regards goods with digital elements , digital content and digital services , consumers should be informed about the period of time during which free software updates are available. therefore , directive 2011/83/eu of the european parliament and of the council27 should be amended to provide consumers with pre-contractual information about durability , reparability and the availability of updates. information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of directive 2019/88228 . the obligation to provide this information to consumers complements and does not affect the rights of consumers provided in directives (eu) 2019/77029 and (eu) 2019/77130 of the european parliament and of the council. ### (22) in order for consumers to take better informed decisions and stimulate the demand for , and the supply of , more durable goods , specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. moreover , as regards goods with digital elements , digital content and digital services , consumers should be informed about the period of time during which software updates can be expected to be are available. therefore , directive 2011/83/eu of the european parliament and of the council27 should be amended to provide consumers with pre-contractual information about durability , reparability and the availability of updates. information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of directive 2019/88228 . the obligation to provide this information to consumers complements and does not affect the rights of consumers provided in directives (eu) 2019/77029 and (eu) 2019/77130 of the european parliament and of the council.


### (24) the problem of limited durability contrary to consumer expectations is most relevant for energy-using goods , which are goods that function from an external energy source. consumers are also most interested in receiving information about the expected durability of this category of goods. for these reasons , only for this category of goods , consumers should be made aware that the information about the existence of a producer’s commercial guarantee of durability of more than two years has not been provided by the producer. ### deleted


### (29) to promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commits to provide software updates for such goods. however , to avoid overloading consumers with information , such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability , as that guarantee entails the provision of updates , including security updates , that are necessary to maintain the required functions and performance of goods with digital elements. furthermore , information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which article 7(3) , point (a) , of directive (eu) 2019/771 applies. in contrast , there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time , since for those contracts article 7(3) , point (b) , of directive (eu) 2019/771 specifies , by reference to article 10 (2) or (5) , the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates. ### (29) to promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer intends to provide software updates for such goods. however , to avoid overloading consumers with information , such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability , as that guarantee entails the provision of updates , including security updates , that are necessary to maintain the required functions and performance of goods with digital elements. furthermore , information about the producer’s intentions to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which article 7(3) , point (a) , of directive (eu) 2019/771 applies. in contrast , there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time , since for those contracts article 7(3) , point (b) , of directive (eu) 2019/771 specifies , by reference to article 10 (2) or (5) , the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates.


### (30) likewise , traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service , where the provider is different from the trader , commits to provide software updates , including security updates , necessary to keep the digital content and digital services in conformity. information about the provider’s commitment to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which article 8(2) , point (b) , of directive 2019/770 applies. in contrast , there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time , since for these contracts article 8(2) , point (a) of directive (eu) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updates. ### (30) likewise , traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service , where the provider is different from the trader , intends to provide necessary software updates , including security updates , necessary to keep the digital content and digital services in conformity. information about the provider’s intentions to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which article 8(2) , point (b) , of directive 2019/770 applies. in contrast , there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time , since for these contracts article 8(2) , point (a) of directive (eu) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updates.


### (31) to allow consumers to make an informed transactional decision and choose goods that are easier to repair , traders should provide , before the conclusion of the contract , for all types of goods , where applicable , the reparability score of the good as provided by the producer in accordance with union law. ### (31) to allow consumers to make an informed transactional decision and choose goods that are easier to repair , traders should provide , before the conclusion of the contract , for all types of goods provide information about the reparability features of the goods , in accordance with union law.


### (32) pursuant to article 5(1) , point (e) , and article 6(1) , point (m) , of directive 2011/83/eu traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services , including repair services , where such services are provided. in addition , in order to ensure that consumers are well informed about the reparability of the goods they purchase , where a reparability score is not established in accordance with union law , traders should provide , for all types of goods , other relevant repair information that is made available by the producer , such as information about the availability of spare parts , and a user and repair manual. ### (32) pursuant to article 5(1) , point (e) , and article 6(1) , point (m) , of directive 2011/83/eu traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services , including repair services , where such services are provided. in addition , in order to ensure that consumers are informed about the reparability of the goods they purchase , traders should provide , for all types of goods , other relevant repair information that is made available by the producer , such as information about the availability of spare parts , and a user and repair manual.


### (33) traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability , the minimum period for updates and the repair information other than the reparability score , where the producer or provider of the digital content or digital service , when different from the trader , makes the relevant information available. in particular , as regards goods , the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract , by indicating it on the product itself , its packaging or tags and labels that the consumer would normally consult before concluding the contract. the trader should not be required to actively search for such information from the producer , for example , on the product-specific websites. ### (33) traders should provide consumers with information about the existence and duration of the producer’s commercial guarantee of durability , the minimum period for necessary updates where the producer or provider of the digital content or digital service , when different from the trader , makes the relevant information available. in particular , as regards goods , the trader should convey to consumers the information that the producer has provided to the trader or has otherwise intended to make readily available to the consumer before the conclusion of the contract , by indicating it on the product itself , its packaging or tags and labels or through digital means.


### ‘generic environmental claim’ means any explicit environmental claim , not contained in a sustainability label , where the specification of the claim is not provided in clear and prominent terms on the same medium; ### ‘generic environmental claim’ means any explicit environmental claim , not contained in a sustainability label , where the specification of the claim is not provided in clear and prominent terms on the same medium or through digital means where space limitations on the same medium would otherwise not allow for specification;


### ‘certification scheme’ means a third-party verification scheme that is open under transparent , fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements , which certifies that a product complies with certain requirements , and for which the monitoring of compliance is objective , based on international , union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader; ### ‘certification scheme’ means a third-party verification scheme that is open to the participating traders under transparent , fair and non-discriminatory terms willing and able to comply with the scheme’s requirements , which certifies that a product complies with certain requirements , and for which the monitoring of compliance is objective , based on international , union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader;


### ‘certification scheme’ means a third-party verification scheme that is open under transparent , fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements , which certifies that a product complies with certain requirements , and for which the monitoring of compliance is objective , based on international , union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader; ### ‘certification scheme’ means a third-party verification scheme that is open under transparent , fair and non-discriminatory terms to all traders and entities willing and able to comply with the scheme’s requirements , which certifies that a product complies with certain requirements , and for which the monitoring of compliance is objective , carried out by a party independent from both the scheme owner and the trader or entity.


### ‘recognised excellent environmental performance’ means environmental performance compliant with regulation (ec) 66/2010 of the european parliament and of the council* , with national or regional en iso 14024 type i ecolabelling schemes officially recognised in accordance with article 11 of regulation (ec) 66/2010 , or top environmental performance in accordance with other applicable union law; ### ‘recognised environmental performance’ means environmental performance compliant with regulation (ec) 66/2010 of the european parliament and of the council* , with national or regional en iso 14024 type i ecolabelling schemes officially recognised in accordance with article 11 of regulation (ec) 66/2010 , or environmental performance in accordance with other applicable union law;


### ‘software update’ means a free update , including a security update , that is necessary to keep goods with digital elements , digital content and digital services in conformity in accordance with directives (eu) 2019/770 and (eu) 2019/771; ### ‘software update’ means a update , including a security update , that is necessary to keep goods with digital elements , digital content and digital services in conformity in accordance with directives (eu) 2019/770 and (eu) 2019/771;


### the main characteristics of the product , such as its availability , benefits , risks , execution , composition , environmental or social impact , accessories , durability , reparability , after-sale customer assistance and complaint handling , method and date of manufacture or provision , delivery , fitness for purpose , usage , quantity , specification , geographical or commercial origin or the results to be expected from its use , or the results and material features of tests or checks carried out on the product.; ### the main characteristics of the product , such as its availability , benefits , risks , execution , composition , environmental or social impact where applicable or required by product-specific legislation , accessories , durability and reparability where applicable or required by product-specific legislation , after-sale customer assistance and complaint handling , method and date of manufacture or provision , delivery , fitness for purpose , usage , quantity , specification , geographical or commercial origin or the results to be expected from its use , or the results and material features of tests or checks carried out on the product.;


### the main characteristics of the product , such as its availability , benefits , risks , execution , composition , environmental or social impact , accessories , durability , reparability , after-sale customer assistance and complaint handling , method and date of manufacture or provision , delivery , fitness for purpose , usage , quantity , specification , geographical or commercial origin or the results to be expected from its use , or the results and material features of tests or checks carried out on the product.; ### the main characteristics of the product , such as its availability , benefits , risks , execution , composition , environmental or accessories , durability , reparability , reusability , recyclability , after-sale customer assistance and complaint handling , method and date of manufacture or provision , delivery , fitness for purpose , usage , quantity , specification , geographical or commercial origin or the results to be expected from its use , or the results and material features of tests or checks carried out on the product.;


### (5) another potentially misleading commercial practice which should be added to the specific practices targeted by article 6(2) of directive 2005/29/ec is advertising benefits for consumers that are actually a common practice in the relevant market. for example , if the absence of a chemical substance is a common practice in a specific product market , its promotion as a distinctive feature of the product could constitute an unfair commercial practice. ### (5) another potentially misleading commercial practice which should be added to the specific practices targeted by article 6(2) of directive 2005/29/ec is advertising benefits for consumers that are actually a common practice in the relevant market. for example , if the absence of a chemical substance is a common practice in a specific product market , its promotion as a distinctive feature of the product could constitute an unfair commercial practice. it is therefore in essence advertising the uniqueness of something that is , in fact , common practice.


### (8) in cases where the displaying of a sustainability label involves a commercial communication that suggests or creates the impression that a product has a positive or no impact on the environment , or is less damaging to the environment than competing products , that sustainability label also should be considered as constituting an environmental claim. ### (8) in cases where the displaying of a sustainability label involves a commercial communication that states or suggests that a product has a positive , minor or no impact on the environment , or is less damaging to the environment than competing products , that sustainability label also should be considered as constituting an environmental claim.


### 2a. each european standardisation organisation shall ensure that the following decisions concerning european standards and european standardisation deliverables referred to in paragraph 1 are taken exclusively by representatives of the national standardisation bodies within the competent decision-making body of that organisation: ### 2a. each european standardisation organisation shall ensure that the following decisions concerning european standards and european standardisation deliverables referred to in paragraph 1 are taken ultimately by national delegations or representatives of the national standardisation bodies within the competent decision-making body of that organisation:


### decisions on the acceptance , refusal and execution of standardisation requests; ### decisions on the acceptance and refusal of standardisation requests;


### decisions on the acceptance of new work items; ### deleted


### (5) this regulation should aim at protecting consumers and their safety as one of the fundamental principle of the eu legal framework , enshrined in the eu charter of fundamental rights. dangerous products can have very negative consequences on consumers and citizens. all consumers , including the most vulnerable , such as children , older persons or persons with disabilities , have the right to safe products. consumers should have at their disposal sufficient means to enforce such rights , and member states adequate instruments and measures at their disposal to enforce this regulation. ### (5) this regulation should aim at protecting consumers , as well as their health and their safety , as one of the fundamental principles of the eu legal framework , also enshrined in the eu charter of fundamental rights. dangerous non-food products can have very negative consequences on consumers and citizens. all consumers , particularly the most vulnerable , such as children , older persons or persons with disabilities , have the right to safe products. consumers should have at their disposal sufficient means to enforce such rights , and member states adequate instruments and harmonised measures at their disposal to enforce this regulation.


### (6) despite the development of sector-specific union harmonisation legislation that addresses safety aspects of specific products or categories of products , it is practically impossible to adopt union legislation for all consumer products that exist or may be developed. there is therefore still a need for a legislative framework of a horizontal nature to fill gaps and ensure consumer protection not otherwise ensured , in particular with a view to achieving a high level of protection of safety and health of consumers , as required by article 114 and article 169 of the treaty. ### (6) despite the development of sector-specific union harmonisation legislation that addresses safety aspects of specific products or categories of products , it is practically impossible to adopt union legislation for all consumer products that exist or may be developed. there is therefore still a need for a legislative framework of a horizontal and harmonised nature to fill the gaps and limitations of the existing legislation and the specific legislation under review so as to ensure a high level of consumer protection not otherwise ensured , in particular with a view to achieving a high level of protection of safety and health of consumers , as required by the other provisions of article 114 and article 169 of the treaty.


### (10) the precautionary principle is a fundamental principle for ensuring the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this regulation. ### (10) since the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products entering the single market , more financial and human resources for these authorities are needed in order to properly fulfil their tasks.


### (10) the precautionary principle is a fundamental principle for ensuring the safety of products and consumers and should therefore be taken into due account by all relevant actors when applying this regulation. ### (10) since the cooperation between market surveillance authorities and custom authorities is key in order to avoid unsafe products entering the single market , more financial and human resources for these authorities are needed in order to properly fulfil their tasks;


### (11) considering also the broad scope given to the concept of health26 , the environmental risk posed by a product should be taken into consideration in the application of this regulation inasmuch as it can also ultimately result in a risk to the health and safety of consumers. ### (11) considering also the broad scope given to the concept of safety , hazards associated with the product , like physical and mechanical resistance , flammability , chemical , electrical or biological properties , hygiene and radioactivity , should be taken into consideration in the application of this regulation in as much such hazards also ultimately result in a risk to the health and safety of consumers.


### (16) the requirements laid down in this regulation should apply to second hand products or products that are repaired , refurbished or recycled that re-enter the supply chain in the course of a commercial activity , except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards , such as antiques or products which are presented as to be repaired or to be refurbished. ### (16) the requirements laid down in this regulation should apply to second hand products or products that are repaired , refurbished or recycled that re-enter the supply chain in the course of a commercial activity , except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards , such as antiques or products which are presented as to be repaired or to be refurbished. consumer to consumer activities like a garage sale do not fulfil the commercial activity requirement and should therefore be excluded from this legislation;


### (16) the requirements laid down in this regulation should apply to second hand products or products that are repaired , refurbished or recycled that re-enter the supply chain in the course of a commercial activity , except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards , such as antiques or products which are presented as to be repaired or to be refurbished. ### (16) the requirements laid down in this regulation should apply to second hand products or products that are repaired , refurbished or recycled that re-enter the supply chain in the course of a commercial activity , except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the art safety standards , such as antiques or products which are presented as to be repaired or to be refurbished. consumer to consumer activities do not fulfil the commercial activity requirement and should therefore be excluded from this legislation.


### (20) new technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise , such as an external intervention hacking the product or changing its characteristics. ### (20) new technologies might also cause new risks to consumers’ health and safety or change the way the existing risks could materialise , such as an external intervention hacking the product or changing its characteristics.


### (21) the world health organisation defines ‘health’ as a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity. this definition supports the fact that the development of new technologies might bring new health risks to consumers , such as psychological risk , development risks , in particular for children , mental risks , depression , loss of sleep , or altered brain function. ### deleted


### (23) the safety of products should be assessed taking into account all the relevant aspects , notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products , in particular children , older persons and persons with disabilities. therefore , if specific information is necessary to make products safe toward a given category of persons , the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. ### (23) the safety of products should be assessed taking into account all the relevant aspects , including their characteristics and presentation , their effect on other products , as well as the specific needs and risks for categories of consumers who are likely to use the products , in particular children , older persons and persons with disabilities. therefore , if specific information is necessary to make products safe toward a given category of persons , the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. nevertheless , the feasibility of obtaining higher safety levels or the availability of other products presenting a lesser degree of risk should not constitute grounds for considering a product to be ‘dangerous’.


### (24) economic operators should have obligations concerning the safety of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of the health and safety of consumers. all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products , which are safe and in conformity with this regulation. it is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. ### (24) economic operators should have proportionate obligations concerning the safety of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of the health and safety of consumers , while also ensuring efficient functioning of the internal market. all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that they only make available on the market products , which are safe and in conformity with this regulation. it is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process , without creating further unnecessary administrative and financial burdens.


### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. ### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. they could also be considered as economic operators if they are the manufacturer , importer , distributor or a fulfilment service provider of the respective product.


### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. ### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system and the proper functioning of the internal market.


### (27) given the important role played by online marketplaces when intermediating the sale of products between traders and consumers , such actors should have more responsibilities in tackling the sale of dangerous products online. directive 2000/31/ec of the european parliament and of the council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. regulation […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents , including unsafe products. that regulation applies without prejudice to the rules laid down by union law on consumer protection and product safety. accordingly , building on the horizontal legal framework provided by that regulation , specific requirements essential to effectively tackle the sale of dangerous products online should be introduced , in line with article [1(5) , point (h)] of that regulation. ### (27) given the important role played by online marketplaces when intermediating the sale of products between traders and consumers , such actors should have more responsibilities in tackling the sale of dangerous products online. directive 2000/31/ec of the european parliament and of the council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. regulation […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec30 regulates the duties of providers of intermediary services online with regard to illegal contents. lex specialis article 20 of this regulation applies without prejudice to the rules laid down in the digital services act in order to effectively tackle the sale of dangerous products online


### (27) given the important role played by online marketplaces when intermediating the sale of products between traders and consumers , such actors should have more responsibilities in tackling the sale of dangerous products online. directive 2000/31/ec of the european parliament and of the council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. regulation […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents , including unsafe products. that regulation applies without prejudice to the rules laid down by union law on consumer protection and product safety. accordingly , building on the horizontal legal framework provided by that regulation , specific requirements essential to effectively tackle the sale of dangerous products online should be introduced , in line with article [1(5) , point (h)] of that regulation. ### (27) directive 2000/31/ec of the european parliament and of the council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. regulation […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents , including unsafe products. that regulation applies without prejudice to the rules laid down by union law on consumer protection and product safety. accordingly , building on the horizontal legal framework provided by that regulation , specific requirements essential to effectively tackle the sale of dangerous products online should be introduced , in line with article [1(5) , point (h)] of that regulation.


### (27) given the important role played by online marketplaces when intermediating the sale of products between traders and consumers , such actors should have more responsibilities in tackling the sale of dangerous products online. directive 2000/31/ec of the european parliament and of the council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. regulation […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec30 regulates the responsibility and accountability of providers of intermediary services online with regard to illegal contents , including unsafe products. that regulation applies without prejudice to the rules laid down by union law on consumer protection and product safety. accordingly , building on the horizontal legal framework provided by that regulation , specific requirements essential to effectively tackle the sale of dangerous products online should be introduced , in line with article [1(5) , point (h)] of that regulation. ### (27) given the important role played by online marketplaces when intermediating the sale of products between traders and consumers , such actors should have more responsibilities in tackling the sale of dangerous products online. directive 2000/31/ec of the european parliament and of the council29 provides the general framework for e-commerce and lays down certain obligations for online platforms. regulation […/…] on a single market for digital services (digital services act) and amending directive 2000/31/ec30 regulates the duties of providers of intermediary services online with regard to illegal contents. lex specialis article 20 of this regulation applies without prejudice to the rules laid down in the digital services act in order to effectively tackle the sale of dangerous products online.


### (28) the product safety pledge , signed in 2018 and joined by a number of marketplaces since then , provides for a number of voluntary commitments on product safety. the product safety pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. nonetheless , its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level-playing field. ### (28) the product safety pledge , signed in 2018 and joined by a number of marketplaces since then , provides for a number of voluntary commitments on product safety. however , the progress reports on the implementation of the product safety pledge have outlined a lack of progress in some of the voluntary commitments on product safety and therefore the aim of protecting consumers against dangerous products sold online could not be successfully reached by this pledge until now.


### (29) online marketplaces should act with due care in relation to the content hosted on their online interfaces that concerns safety of products , in accordance with the specific obligations laid down in this regulation. accordingly , due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products. ### (29) online marketplaces should act with due care in relation to the safety of products placed on their online interfaces , in accordance with the specific obligations laid down in this regulation. accordingly , due diligence obligations for all online marketplaces should be established in relation to the content hosted on their online interfaces that concerns safety of products and at the same time administrative burden should be kept to a minimum in order to allow for a level-playing field.


### (32) the obligations imposed by this regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store , nor to actively seek facts or circumstances indicating illegal activity , such as the sale of dangerous products online. online marketplaces should , nonetheless , expeditiously remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the 'directive on electronic commerce' and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation. ### (32) as specific monitoring obligations , the obligations imposed by this regulation on online marketplaces would not amount to a general obligation to monitor the information when the products are checked with "safety gate" before placing them on their website. online marketplaces should also avoid the reappearing of unsafe products on their interfaces and remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the 'directive on electronic commerce' and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation.


### (32) the obligations imposed by this regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store , nor to actively seek facts or circumstances indicating illegal activity , such as the sale of dangerous products online. online marketplaces should , nonetheless , expeditiously remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the 'directive on electronic commerce' and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation. ### (32) as specific monitoring obligations , the obligations imposed by this regulation on online marketplaces should not amount to a general obligation to monitor the information when the products are checked with "safety gate" before placing them on their website. online marketplaces should also avoid the reappearing of unsafe products on their interfaces and to remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the 'directive on electronic commerce' and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation.


### (34) even where the information from the safety gate does not contain an exact uniform resource locator (url) and , where necessary , additional information enabling the identification of the illegal content concerned , online marketplaces should nevertheless take into account the transmitted information , such as product identifiers , when available , and other traceability information , in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting , identifying , removing or disabling access to dangerous products offered on their marketplace , where applicable. ### (34) the safety gate should be modernised and updated in order to make it easier for the economic operators and online marketplaces to detect unsafe products. the information from the safety gate should contain an exact uniform resource locator (url) and , where necessary , additional information enabling the identification of the unsafe product. additionally , online marketplaces should take into account the transmitted information , such as product identifiers , when available , and other traceability information , in the context of any measures adopted by online marketplaces on their own initiative aiming at detecting , identifying , removing or disabling access to dangerous products offered on their marketplace , where applicable.


### (35) for the purposes of [article 19] of regulation (eu) …/…[the digital services act] , and concerning the safety of products sold online , the digital services coordinator should consider in particular consumer organisations and associations representing consumers’ interest , upon their request , as trusted flaggers , provided that the conditions set out in that article have been met. ### (35) for the purposes of [article 19] of regulation (eu) …/…[the digital services act] , and concerning the safety of products sold online , the digital services coordinator should consider in particular consumer organisations and associations representing consumers’ interest and other relevant stakeholders , upon their request , as trusted flaggers , provided that the conditions set out in that article have been met.


### (35) for the purposes of [article 19] of regulation (eu) …/…[the digital services act] , and concerning the safety of products sold online , the digital services coordinator should consider in particular consumer organisations and associations representing consumers’ interest , upon their request , as trusted flaggers , provided that the conditions set out in that article have been met. ### (35) for the purposes of [article 19] of regulation (eu) …/…[the digital services act] , and concerning the safety of products sold online , the digital services coordinator should consider consumer organisations , associations representing consumers’ interest and other relevant stakeholders , upon their request , as trusted flaggers , provided that the conditions set out in that article have been met.


### (36) product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. consumers should also be protected against dangerous products in the same way in the offline and online sales channels , including when purchasing products on online marketplaces. building on the provisions of regulation (eu) …/…[the digital services act]concerning the traceability of traders , online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this regulation. such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline. however , the online marketplace should not be responsible for verifying the completeness , correctness and the accuracy of the information itself , as the obligation to ensure the traceability of products remains with the trader. ### (36) product traceability is fundamental for effective market surveillance of dangerous products and corrective measures. consumers should also be protected against dangerous products in the same way in the offline and online sales channels , including when purchasing products on online marketplaces. building on the provisions of regulation (eu) …/…[the digital services act]concerning the traceability of traders , online marketplaces should not allow listings on their platforms unless the trader provided all information related to product safety and traceability as detailed in this regulation. such information should be displayed together with the product listing so that consumers can benefit from the same information made available online and offline.


### (44) ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and to take effective corrective measures against dangerous products , such as targeted recalls. product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer. such traceability requirements could be made stricter for certain kinds of products. manufacturers should also establish technical documentations regarding their products , which should contain the necessary information to prove that their product is safe. ### (44) ensuring product identification and the traceability of products throughout the entire supply chain helps to identify economic operators and , where applicable , to take effective and proportionate corrective measures against dangerous products , such as targeted recalls. product identification and traceability thus ensures that consumers and economic operators obtain accurate information regarding dangerous products which enhances confidence in the market and avoids unnecessary disruption of trade. products should therefore bear information allowing their identification and the identification of the manufacturer and , if applicable , of the importer. such traceability requirements could be made stricter for certain kinds of products that pose imminent risks. manufacturers should also establish technical documentations regarding their products , which should contain the necessary information to prove that their product is safe.


### (50) the union rapid information system (rapex) has proved its effectiveness and efficiency. it enables corrective measures to be taken across the union in relation to products that present a risk beyond the territory of a single member state. it is opportune , though , to change the used abbreviated name from rapex to safety gate for greater clarity and better outreach to consumers. safety gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the commission can exchange information on such products , a web portal to inform the public (safety gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (safety business gateway). ### (50) the union rapid information system (rapex) needs to be updated and modernised in order to enable more efficient corrective measures to be taken across the union in relation to products that present a risk beyond the territory of a single member state. it is opportune , though , to change the used abbreviated name from rapex to safety gate for greater clarity and better outreach to consumers. safety gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the commission can exchange information on such products , a web portal to inform the public (safety gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (safety business gateway). additionally it has to provide an interoperable interface to enable online marketplaces to check the products on their website with the products listed on safety gate in an easy , quick and reliable way.


### (55) there might be cases where it is necessary to deal with a serious risk at the union level where the risk cannot be contained satisfactorily by means of measures taken by the member state concerned or by any other procedure under union legislation. this could notably be the case of new emerging risks or those impacting vulnerable consumers. for that reason the commission can adopt measures either on its own initiative or upon request of the member states. such measures should be adapted to the gravity and urgency of the situation. it is furthermore necessary to provide for an adequate mechanism whereby the commission could adopt immediately applicable interim measures. ### (55) there might be cases where it is necessary to deal with a serious risk at the union level where the risk cannot be contained satisfactorily by means of measures taken by the member state concerned or by any other procedure under union legislation. this could notably be the case of new emerging risks or those impacting vulnerable consumers. for that reason the commission can adopt measures either on its own initiative or upon request of the member states. such measures must be proportionate to the gravity and urgency of the situation. it is furthermore necessary to provide for an adequate mechanism whereby the commission could adopt immediately applicable , proportionate interim measures.


### (58) market surveillance authorities might carry out joint activities with other authorities or organisations representing economic operators or end users , with a view to promoting safety of products and identifying dangerous products , including those that are offered for sale online. in doing so the market surveillance authorities and the commission , as appropriate , should ensure that the choice of products and producers as well as the activities performed does not create situation which might distort competition or affect the objectivity , independence and impartiality of the parties. ### (58) market surveillance authorities should carry out joint activities with other authorities or organisations representing economic operators or end users , with a view to promoting safety of products and identifying dangerous products , including those that are offered for sale online. in doing so the market surveillance authorities and the commission , as appropriate , should ensure that the choice of products and producers as well as the activities performed does not create situations which might distort competition or affect the objectivity , independence and impartiality of the parties.


### (59) simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety. in particular , sweeps should be conducted where market trends , consumer complaints or other indications suggest that certain product categories are often found to present a serious risk. ### (59) simultaneous coordinated control actions (‘sweeps’) are specific enforcement actions that can further enhance product safety and therefore should be conducted on a regular basis to detect online and offline infringements to this regulation. additionally , sweeps should be conducted where market trends , consumer complaints or other indications suggest that certain product categories are often found to present a serious risk.


### (60) the public interface of the safety gate , the safety gate portal , allows the general public , including consumers , economic operators and online marketplaces , to be informed about corrective measures taken against dangerous products present on the union market. a separate section of the safety gate portal enables consumers to inform the commission of products presenting a risk to consumer health and safety found in the market. where relevant , the commission should provide adequate follow-up , notably by transmitting such information to the concerned national authorities. ### (60) the public interface of the safety gate , the safety gate portal , allows the general public , including consumers , economic operators and online marketplaces , to be informed about corrective measures taken against dangerous products present on the union market. a separate section of the safety gate portal enables consumers to inform the commission , in a researched and documented manner , of products presenting a risk to consumer health and safety found in the market. where relevant , the commission should provide adequate follow-up , notably by transmitting such information to the concerned national authorities.


### (61) in making available information on product safety to the public , professional secrecy , as referred to in article 339 of the treaty , should be protected in a way which is compatible with the need to ensure the effectiveness of market surveillance activities and of protection measures. ### (61) in making available information on product safety to the public , professional secrecy , as referred to in article 339 of the treaty , should be protected.


### (62) when a product already sold to consumers turns out to be dangerous , it may need to be recalled to protect consumers in the union. consumers might not be aware that they own a recalled product. in order to increase recall effectiveness , it is therefore important to better reach consumers concerned. direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. it is also the preferred communication channel across all groups of consumers. in order to ensure the safety of the consumers , it is important that they are informed in a quick and reliable way. economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. therefore , a legal obligation is needed to require economic operators to use any customer data already at their disposal to inform consumers of recalls and safety warnings. in this respect , economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems , through which customers are asked , after having purchased a product , to communicate to the manufacturer on a voluntary basis some information such as their name , contact information , the product model or serial number. ### (62) when a product already sold to consumers turns out to be dangerous , it may need to be recalled to protect consumers in the union. consumers might not be aware that they own a recalled product. in order to increase recall effectiveness , it is therefore important to better reach consumers concerned. direct contact is the most effective method to increase consumers’ awareness of recalls and encourage action. it is also the preferred communication channel across all groups of consumers. in order to ensure the safety of the consumers , it is important that they are informed in a quick and reliable way. economic operators should therefore use the customer data at their disposal to inform consumers of recalls and safety warnings linked to products they have purchased. therefore , a legal obligation is needed to require economic operators to use the customer data already at their disposal that is necessary to inform consumers of recalls and safety warnings. in this respect , economic operators will make sure to include the possibility to directly contact customers in the case of a recall or safety warning affecting them in existing customer loyalty programmes and product registration systems , through which customers are asked , after having purchased a product , to communicate to the manufacturer on a voluntary basis some information such as their name , contact information , the product model or serial number.


### (71) in order to play a significant deterrent effect for economic operators and online marketplaces to prevent the placing of dangerous products on the market , penalties should be adequate to the type of infringement , to the possible advantage for the economic operator or online marketplace and to the type and gravity of the injury suffered by the consumer. furthermore an homogeneous level of penalties is important to ensure a level playing field , avoiding that economic operators or online marketplaces concentrate their activities in territories where the level of penalties is lower. ### (71) in order to play a significant deterrent effect for economic operators to prevent the placing of dangerous products on the market , penalties should be adequate to the type of infringement , to the possible advantage for the economic operator and to the type and gravity of the injury suffered by the consumer. furthermore an homogeneous yet proportionate level of penalties is important to ensure a level playing field , avoiding that economic operators concentrate their activities in territories where the level of penalties is lower.


### (74) in order to ensure more consistency , a list of those types of infringements that should be subject to penalties should be included. ### (74) in order to ensure more consistency , a list of those types of infringements that may be subject to penalties should be included. these should be based on internal market assessments , and seek to strike a balance between the protection of consumers , on the one hand , and the commercial activities of economic operators , on the other.


### equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers; ### equipment on which consumers ride or travel which is not driven by the consumers themselves but operated by a service provider within the context of a service provided to consumers;


### equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers; ### equipment on which consumers ride or travel which is not driven by the consumer themselves but operated by a service provider within the context of a service provided to consumers;


### 5. this regulation shall be applied taking due account of the precautionary principle. ### deleted


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


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


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


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


### 16. ‘end user’ means any natural or legal person residing or established in the union , to whom a product has been made available either as a consumer outside of any trade , business , craft or profession or as a professional end user in the course of its industrial or professional activities; ### 16. ‘end user’ means any natural or legal person residing or established in the union , to whom a product has been made available either as a consumer outside of any trade , business , craft or profession.


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


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


### the effect on other products , where it is reasonably foreseeable that it will be used with other products , including the interconnection of products among them; ### the effect on other products , where it is reasonably foreseeable intended that it will be used with other products , including the interconnection of products among them;


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


### the presentation of the product , the labelling , any warnings and instructions for its safe use and disposal , and any other indication or information regarding the product; ### the presentation of the product , the labelling , including the age labelling of products regarding their suitability of legality for children , any warnings and instructions for its safe use and disposal , and any other indication or information regarding the product;


### the categories of consumers at risk when using the product , in particular vulnerable consumers such as children , older people and persons with disabilities; ### the categories of consumers at risk when using the product , in particular vulnerable consumers such as children , including the impact of digital and connected products on their mental health , and older people and persons with disabilities;


### the categories of consumers at risk when using the product , in particular vulnerable consumers such as children , older people and persons with disabilities; ### the categories of consumers at risk when using the product , in particular vulnerable consumers such as children , including the age labelling of products regarding their suitability of legality for children , and older people and persons with disabilities;


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics; ### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics and may therefore be placed in the mouth , sucked or ingested by the consumer , especially by children , and which might cause , for example , suffocation , poisoning , the perforation or obstruction of the digestive tract;


### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to its form , odour , colour , appearance , packaging , labelling , volume , size or other characteristics; ### the appearance of the product and in particular where a product , although not foodstuff , resembles foodstuff and is likely to be confused with foodstuff due to the following cumulative criteria: odour , colour , appearance , packaging , labelling , volume , and size;


### the appropriate cybersecurity features necessary to protect the product against external influences , including malicious third parties , when such an influence might have an impact on the safety of the product; ### the appropriate cybersecurity features necessary to protect the product against external influences , including malicious third parties , when such an influence might reasonably be expected to have an impact on the safety of the product;


### 2. manufacturers shall investigate the complaints received that concern products they made available on the market , and which have been identified as dangerous by the complainant , and shall keep a register of these complaints as well as of product recalls. ### 2. manufacturers shall investigate the complaints received that concern products they made available on the market , and which have been identified as dangerous by the complainant , and shall keep a register of these complaints as well as of product recalls. complaints that have been refuted by a retest shall be removed from the register.


### 2. manufacturers shall investigate the complaints received that concern products they made available on the market , and which have been identified as dangerous by the complainant , and shall keep a register of these complaints as well as of product recalls. ### 2. manufacturers shall investigate the complaints received that concern products they made available on the market , and which have been identified as dangerous by the complainant , and shall keep a register of product recalls.


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


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


### personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. such data shall only be kept as long as it is necessary for the purpose of investigation and no longer than five years after they have been encoded. ### personal data stored in the register of complaints shall only be those personal data that are necessary for the manufacturer to investigate the complaint about an alleged dangerous product. such data shall only be kept as long as it is necessary for the purpose of investigation and for present and future recalls.


### 3. manufacturers shall keep distributors , importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified. ### 3. manufacturers shall inform distributors , importers , online marketplaces and fulfilment service providers in the concerned supply chain without undue delay of any dangerous product that they have identified.


### 3. manufacturers shall keep distributors , importers and online marketplaces in the concerned supply chain informed of any safety issue that they have identified. ### 3. manufacturers shall inform distributors , importers , online marketplaces and fulfilment service providers in the concerned supply chain without undue delay of any safety issue that they have identified.


### 4. manufacturers shall draw up technical documentation of the product. the technical documentation shall contain , as appropriate: ### 4. manufacturers shall draw up technical documentation of the product that might present a serious risk. the technical documentation shall contain , as appropriate:


### 4. manufacturers shall draw up technical documentation of the product. the technical documentation shall contain , as appropriate: ### 4. manufacturers shall draw up technical documentation of the product and shall continuously update it , as needed. the technical documentation shall contain , as appropriate:


### 5. manufacturers shall keep the technical documentation , for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities , upon request. ### 5. manufacturers shall keep the technical documentation according to paragraph 4 , for a period of ten years after the product has been placed on the market and make it available to the market surveillance authorities , upon request.


### 6. manufacturers shall ensure that their products bear a type , batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers , or , where the size or nature of the product does not allow it , that the required information is provided on the packaging or in a document accompanying the product. ### 6. manufacturers shall ensure that their products bear a type , batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers , or , where the size or nature of the product does not allow it , that the required information is provided on the packaging or in a digital document accompanying the product. upon request of the consumer , it should be made available on paper and free of charge.


### 6. manufacturers shall ensure that their products bear a type , batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers , or , where the size or nature of the product does not allow it , that the required information is provided on the packaging or in a document accompanying the product. ### 6. manufacturers shall ensure that their products bear a type , batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers , on the product , the packaging or in a document accompanying the product.


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


### 10. manufacturers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe , shall immediately take the corrective measures necessary to bring the product into conformity , including a withdrawal or recall , as appropriate. ### 10. manufacturers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe , shall immediately take the corrective measures necessary to bring the product into conformity , including a withdrawal or recall , and inform the market surveillance authorities in the member states where the product was sold to consumers , as appropriate.


### where they have a reason to believe that a product in question presents a risk , inform the manufacturer; ### where they have a reason to believe that a product in question is not safe , inform the manufacturer and additionally , if necessary , the importer , the distributor and the fulfilment service provider without undue delay;


### where they have a reason to believe that a product in question presents a risk , inform the manufacturer; ### where they have a reason to believe that a product in question presents a risk , inform the manufacturer and additionally , if necessary , the importer , the distributor and the fulfilment service provider without undue delay;


### 2. where an importer considers or has reason to believe that a product is not in conformity with article 5 and article 8(4) , (6) and (7) , he or she shall not place the product on the market until it has been brought into conformity. furthermore , where the product is not safe , the importer shall inform the manufacturer and ensure that the market surveillance authorities are informed. ### 2. where an importer considers or has reason to believe that a product is not in conformity with article 5 and article 8(4) , (6) and (7) , he or she shall not place the product on the market until it has been brought into conformity. furthermore , where the product is not safe , the importer shall inform the manufacturer and the market surveillance authorities without undue delay.


### 2. where an importer considers or has reason to believe that a product is not in conformity with article 5 and article 8(4) , (6) and (7) , he or she shall not place the product on the market until it has been brought into conformity. furthermore , where the product is not safe , the importer shall inform the manufacturer and ensure that the market surveillance authorities are informed. ### 2. where an importer considers or has reason to believe that a product is not in conformity with article 5 and article 8(4) , (6) and (7) , he or she shall not place the product on the market until it has been brought into conformity. furthermore , where the product is not safe , the importer shall inform the manufacturer and ensure that the market surveillance authorities and consumers are informed.