### 4. transparency notices shall be kept up to date and presented in a format which is easily accessible and , where technically possible , machine readable , clearly visible and user friendly , including through the use of plain language. the information shall be published by the political advertising publisher with the political advertisement from its first publication until one year after its last publication. ### 4. transparency notices shall be kept up to date and presented in a format which is easily accessible and , where technically possible , machine readable , clearly visible and user friendly , including through the use of plain language. the information shall be published by the political advertising publisher , if the publisher is a very large online platform as defined by article 25 of regulation (eu) 2021/xxx [the digital service act].with the political advertisement from its first publication until one year after its last publication.


### 5. political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4. ### 5. political advertising publishers that is a very large online platform as defined by the article 25 of regulation (eu) 2021/xxx [the digital service act]. shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4.


### 5. political advertising publishers shall retain their transparency notices together with any modifications for a period of five years after the end of the period referred to in paragraph 4. ### 5. political advertising publishers shall retain their transparency notices together with any modifications for a period of six years after the end of the period referred to in paragraph 4.


### 6. political advertising publishers which are very large online platforms within the meaning of article 25 of regulation (eu) 2021/xxx [the dsa] shall ensure that the repositories that they make available pursuant to article 30 of that regulation [digital services act] make available for each political advertisement in the repository the information referred to in paragraph 2. ### 6. political advertising publishers which are very large online platforms within the meaning of article 25 of regulation (eu) 2021/xxx [the dsa] shall ensure that the repositories that they make available pursuant to article 30 of that regulation [digital services act] make available for each political advertisement in the repository the information referred to in paragraph 2. the repositories of such publishers should be automatically updated on the website of the contact point designated by each member state.


### 7. member states , including competent authorities , and the commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this article , taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro , small and medium-sized enterprises , within the meaning of article 3 of directive 2013/34/eu. ### 7. member states , including competent authorities , and the commission shall encourage the drawing up of guidelines and codes of conduct intended to contribute to the proper application of this article , taking into account the specific characteristics of the relevant service providers involved and the specific needs of micro , small and medium-sized enterprises , within the meaning of article 3 of directive 2013/34/eu. these guidelines and codes of conduct shall give attention to the application of this article for both online and offline political advertising.


### 8. the commission is empowered to adopt delegated acts in accordance with article 19 to amend annex i by adding , modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where , in the light of technological developments , such an amendment is necessary for the wider context of the political advertisement and its aims to be understood. ### 8. the commission is empowered to adopt delegated acts in accordance with article 19 to amend annex i by adding , modifying or removing elements from the list of information to be provided pursuant to paragraph 2 where , in the light of technological developments , such an amendment is necessary for the wider context of the political advertisement and its aims to be understood , without decreasing the level of transparency.


### 1. where they provide political advertising services , advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services , including on the use of targeting and amplification techniques , aggregated by campaign , as part of their management report within the meaning of article 19 of directive 2013/34/eu in their annual financial statements. ### 1. where political advertising services are provided , advertising publishers shall include information on the amounts or the value of other benefits received in part or full exchange for those services , including on the use of targeting and amplification techniques , aggregated by campaign , as part of their management report within the meaning of article 19 of directive 2013/34/eu in their annual financial statements.


### 9 indicating possibly unlawful political advertisements ### 9 indicating possibly unlawful political advertisements in printed media and offline


### 1. where they provide political advertising services , advertising publishers shall put in place mechanisms to enable individuals to notify them , free of charge , that a particular advertisement which they have published does not comply with this regulation. ### deleted


### 2. information on how to notify political advertisements as referred to in paragraph 1 shall be user friendly and easy to access , including from the transparency notice. ### deleted


### 3. political advertising publishers shall allow for the submission of the information referred to in paragraph 1 by electronic means. the political advertising publisher shall inform individuals of the follow up given to the notification as referred to in paragraph 1. ### deleted


### 4. repetitive notifications under paragraph 1 regarding the same advertisement or advertising campaign may be responded to collectively , including by reference to an announcement on the website of the political advertising publisher concerned. ### deleted


### 1. competent national authorities shall have the power to request that a provider of political advertising services transmits the information referred to in articles 6 , 7 and 8. the transmitted information must be complete , accurate and trustworthy , and provided in a clear , coherent , consolidated and intelligible format. where technically possible , the information shall be transmitted in a machine readable format. ### 1. competent national authorities shall have the power to request that a provider of political advertising services and publishers transmits the information referred to in articles 6 , 7 and 8. the transmitted information must correspond to the information retained pursuant to article 6 and provided in a clear , coherent , consolidated and intelligible format. where technically possible , the information shall be transmitted in a machine readable format.


### 2. upon receipt of a request pursuant to paragraph 1 , providers of political advertising services shall , within two working days , acknowledge receipt of that request and inform the authority of the steps taken to comply with it. the relevant service provider shall provide the requested information within ten working days. ### 2. upon receipt of a request pursuant to paragraph 1 , providers of political advertising services shall , within five working days , acknowledge receipt of that request and inform the authority of the steps taken to comply with it. the relevant service provider shall provide the requested information within ten working days.


### 1. providers of political advertising services shall take the appropriate measures to transmit the information referred to in article 6 to interested entities upon request and without costs. ### 1. providers of political advertising services shall take the appropriate and resonable measures to transmit the information referred to in article 6 to interested entities upon request and without costs.


### such interested entities shall also include journalists accredited in a member state by national , european or international bodies. ### deleted


### 3. following a request from an interested entity , the service provider shall make best efforts to provide the requested information or its reasoned response under paragraph 5 , within one month. ### 3. following a request from an interested entity , the service provider shall make resonable efforts to provide the requested information or its response under paragraph 5 , within one month.


### 5. where requests pursuant to paragraph 1 are manifestly unfounded , unclear or excessive , in particular because of their lack of clarity , the service provider may refuse to respond. in this case , the relevant service provider shall send a reasoned response to the interested entity making the request. ### 5. where requests pursuant to paragraph 1 are manifestly unfounded , unclear or excessive , in particular because of their lack of clarity or repeated , the service provider may refuse to respond. in this case , the relevant service provider shall send a reasoned response to the interested entity making the request.


### 6. where requests under paragraph 1 are repetitive and their processing involves significant costs , the service provider may charge a reasonable and proportionate fee , which in any event shall not exceed the administrative costs of providing the information requested. ### 6. where requests under paragraph 1 are repetitive and their processing involves costs , the service provider may charge a reasonable and proportionate fee , which in any event shall not exceed the administrative costs of providing the information requested.


### iii targeting and amplification of political advertising ### iii targeting and amplification of digital political advertising


### 3. when using targeting or amplification techniques in the context of political advertising involving the processing of personal data , controllers shall , in addition to the requirements laid down in regulation (eu) 2016/679 and regulation (eu) 2018/1725 , as applicable , comply with the following requirements: ### 3. when using targeting or amplification techniques in the context of political advertising involving the processing of personal data , online publishers shall , in addition to the requirements laid down in regulation (eu) 2016/679 , regulation (eu) 2018/1725 and regulation (eu)2021/xxx [dsa] , as applicable , comply with the following requirements:


### 5. political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under article 7 a reference to effective means to support individuals exercise their rights under regulation (eu) 2016/679. ### 5. political advertising publishers making use of targeting or amplification techniques referred to in paragraph 3 shall include in or together with the advertisement and in the transparency notice required under article 7 a reference to effective means to support individuals exercise their rights under regulation (eu) 2016/679. the transparency notice shall visibly link to an easily accessible interface in which users can give or refuse their consent , to opt-out from being subject to targeting and amplification techniques as specified in paragraph 1.


### 1. service providers that provide political advertising services in the union but do not have an establishment in the union shall designate , in writing , a natural or legal person as their legal representative in one of the member states where the provider offers its services. ### 1. service providers that provide political advertising services in the union but do not have an establishment in the union shall designate , in writing , a natural or legal person as their legal representative in one of the member states where the provider offers its services. they shall transmit the identity and contact details of their legal representative to the european cooperation network on elections.


### 2. member states shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of regulation (eu) 2021/xxx [dsa] with the obligations laid down in articles 5 to 11 and 14 of this regulation , where applicable. the competent authorities designated under regulation (eu) 2021/xxx [digital services act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in articles 5 to 11 and 14 of this regulation. the digital services coordinator referred to in article 38 of regulation (eu) 2021/xxx in each member state shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by regulation (eu) 2021/xxx [digital services act]. article 45(1) to (4) and article 46(1) of regulation (eu) 2021/xxx [digital services act] shall be applicable for matters related to the application of this regulation as regards providers of intermediary services. ### 2. the digital services coordinator referred to in article 38 of regulation (eu) 2021/xxx[dsa] shall be competent to monitor the compliance of providers of intermediary services within the meaning of regulation (eu) 2021/xxx [dsa] with the obligations laid down in this regulation , where applicable. the digital services coordinator shall also be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by regulation (eu)2021/xxx [digital services act].


### 2. member states shall designate competent authorities to monitor the compliance of providers of intermediary services within the meaning of regulation (eu) 2021/xxx [dsa] with the obligations laid down in articles 5 to 11 and 14 of this regulation , where applicable. the competent authorities designated under regulation (eu) 2021/xxx [digital services act] may also be one of the competent authorities designated to monitor the compliance of online intermediaries with the obligations laid down in articles 5 to 11 and 14 of this regulation. the digital services coordinator referred to in article 38 of regulation (eu) 2021/xxx in each member state shall be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by regulation (eu) 2021/xxx [digital services act]. article 45(1) to (4) and article 46(1) of regulation (eu) 2021/xxx [digital services act] shall be applicable for matters related to the application of this regulation as regards providers of intermediary services. ### 2. the digital services coordinator referred to in article 38 of regulation (eu) 2021/xxx [dsa shall be competent to monitor the compliance of providers of intermediary services within the meaning of regulation (eu) 2021/xxx [dsa] with the obligations laid down in this regulation , where applicable. the digital services coordinator shall also be responsible for ensuring coordination at national level in respect of providers of intermediary services as defined by regulation (eu) 2021/xxx [digital services act].


### 3. each member state shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this regulation not referred to in paragraphs 1 and 2. each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. it shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this regulation. ### 3. each member state shall designate one or more competent authorities to be responsible for the application and enforcement of the aspects of this regulation not referred to in paragraphs 1 , 2 and 2c. each competent authority designated under this paragraph shall structurally enjoy full independence both from the sector and from any external intervention or political pressure. it shall in full independence effectively monitor and take the measures necessary and proportionate to ensure compliance with this regulation.


### 4. competent authorities referred to in paragraph 3 , where exercising their supervisory tasks in relation to this regulation , shall have the power to request to access data , documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks. ### 4. competent authorities referred to in the previous paragraphs , where exercising their supervisory tasks in relation to this regulation , shall have , at least , the power to request to access data , documents or any necessary information from providers of political advertising services for the performance of their supervisory tasks.


### 5. competent authorities referred to in paragraph 3 , where exercising their enforcement powers in relation to this regulation , shall have the power to: ### 5. competent authorities referred to in previous paragraphs where exercising their enforcement powers in relation to this regulation , shall have the power to:


### impose administrative fines and financial penalties. ### impose administrative and financial penalties


### 6. member states shall ensure cooperation among competent authorities in particular in the framework of national elections networks , to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this regulation , including by jointly identifying infringements , sharing findings and expertise , and liaising on the application and enforcement of relevant rules. ### deleted


### 7. each member state shall designate one competent authority as a contact point at union level for the purposes of this regulation. ### deleted


### the competent authorities applying supervisory or enforcement measures in a member state shall , via the contact point referred to in paragraph 7 , inform and consult the competent authorities in the other member state(s) concerned on the supervisory and enforcement measures taken and their follow-up; ### the competent authorities applying supervisory or enforcement measures in a member state shall , via the national coordinators referred in article 15a , inform and consult the competent authorities in the other member state(s) concerned on the supervisory and enforcement measures taken and their follow-up;


### a competent authority may request , via the contact point referred to in paragraph 7 , in a substantiated , justified and proportionate manner , another competent authority , where it is better placed , to take the supervisory or enforcement measures referred to in paragraphs 4 and 5; and ### a competent authority may request , via national coordinators referred in article 15a , in a substantiated , justified and proportionate manner , another competent authority , where it is better placed , to take the supervisory or enforcement measures referred to in paragraphs 4 and 5; and


### a competent authority shall , upon receipt of a justified request from another competent authority , provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective , efficient and consistent manner. the relevant competent authority so requested shall , via the contact points referred to in paragraph 7 and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested , or informing that it does not consider that the conditions for requesting assistance under this regulation have been met. any information exchanged in the context of assistance requested and provided under this article shall be used only in respect of the matter for which it was requested. ### a competent authority shall , upon receipt of a justified request from another competent authority , provide the other competent authority with assistance so that the supervision or enforcement measures referred to in paragraphs 4 and 5 can be implemented in an effective , efficient and consistent manner. the relevant competent authority so requested shall , via the national coordinators referred in article 15a and within a timeframe proportionate to the urgency of the request provide a response communicating the information requested , or informing that it does not consider that the conditions for requesting assistance under this regulation have been met. any information exchanged in the context of assistance requested and provided under this article shall be used only in respect of the matter for which it was requested.


### 9. contact points shall meet periodically at union level in the framework of the european cooperation network on elections to facilitate the swift and secured exchange of information on issues connected to the exercise of their supervisory and enforcements tasks pursuant to this regulation. ### deleted


### 1. in relation to articles 5 to 11 , 13 and 14 member states shall lay down rules on sanctions including administrative fines and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present regulation , which shall in each individual case be effective , proportionate and dissuasive. ### 1. in relation to articles 5 to 11 , 13 and 14 member states shall lay down rules on sanctions including administrative and financial penalties applicable to providers of political advertising services under their jurisdiction for infringements of the present regulation , which shall in each individual case be effective , proportionate and dissuasive.


### within two years after each election to the european parliament and for the first time by 31 december 2026 at the latest , the commission shall submit a report on the evaluation and review of this regulation. this report shall assess the need for amendment to this regulation. the report shall be made public. ### within two years after each election to the european parliament and for the first time by 31 december 2025 at the latest , the commission shall submit a report on the evaluation and review of this regulation. this report shall assess the need for amendment to this regulation. the report shall be made public.


### within two years after each election to the european parliament and for the first time by 31 december 2026 at the latest , the commission shall submit a report on the evaluation and review of this regulation. this report shall assess the need for amendment to this regulation. the report shall be made public. ### within two years after each election to the european parliament and for the first time by 31 december 2026 at the latest , the commission shall present an evaluation report on the applicability of this regulation and , if appropriate , proposals for a review thereof. this report shall assess the need for amendment to this regulation and the advisability thereof. the report shall be made public.


### (40) the information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. the requirement that the information about the transparency notice is to be inter alia clearly visible should entail that it features prominently in or with the advertisement. the requirement that information published in the transparency notice is to be easily accessible , machine readable where technically possible , and user friendly should entail that it addresses the needs of people with disabilities. annex i of directive 2019/882 (european accessibility act) contains accessibility requirements for information , including digital information that should be used to render political information accessible for persons with disabilities. ### (40) the information to be included in the transparency notice should be provided in the advertisement itself or be easily retrievable on the basis of an indication provided in the advertisement. the presentation of the information can vary depending on the means used , taking into account the character of offline advertising. in order to easily retrieve the information in the transparency notice , use could be made for instance of a dedicated webpage link , onscreen or via audio means , a quick response code (qr code) or equivalent user-friendly technical measures. the advertising publisher should ensure that the information about the transparency notice is to be inter alia clearly visible and should feature prominently in or with the advertisement. the requirement that information published in the transparency notice is to be easily accessible , machine readable where technically possible , and user friendly should entail that it addresses the needs of people with disabilities. annex i of directive (eu) 2019/882 (european accessibility act) contains accessibility requirements for information , including digital information that should be used to render political information accessible for persons with disabilities.


### (41) transparency notices should be designed to raise user awareness and help the clear identification of the political advertisement as such. they should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. the information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. the retained information should also include information about political advertising which was terminated or which was taken down by the publisher. ### (41) transparency notices should be designed to raise user awareness and help the clear and readily accessible identification of the political advertisement as such. they should be designed to remain in place or remain accessible in the event a political advertisement is further disseminated for instance posted on another platform or forwarded between individuals. the information included in the transparency notice should be published when the publication of the political advertisements start and be retained for a period of one year after the last publication. the retained information should also include information about political advertising which was terminated or which was taken down by the publisher for a one-year period.


### (63) member states authorities should ensure that infringements of the obligations laid down in this regulation are sanctioned by administrative fines or financial penalties. when doing so , they should take into account the nature , gravity , recurrence and duration of the infringement in view of the public interest at stake , the scope and kind of activities carried out , as well as the economic capacity of the infringer. in that context , the crucial role played by the obligations laid down in article 7 for the effective pursuit of the objectives of the present regulation should be taken into account. furthermore , they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this regulation , including by delaying the provision of information to interested entities , as well as , where relevant , whether the provider of political advertising services is active in several member states. financial penalties and administrative fines shall in each individual case be effective , proportionate and dissuasive , with due regard to the provision of sufficient and accessible procedural safeguards , and in particular to ensure that the political debate remains open and accessible. ### (63) member states authorities should ensure that infringements of the obligations laid down in this regulation are sanctioned by administrative or financial penalties. when doing so , they should take into account the nature , gravity , recurrence and duration of the infringement in view of the public interest at stake , the scope and kind of activities carried out , as well as the economic capacity of the infringer. in that context , the crucial role played by the obligations laid down in article 7 for the effective pursuit of the objectives of the present regulation should be taken into account. furthermore , they should take into account whether the service provider concerned systematically or recurrently fails to comply with its obligations stemming from this regulation , including by delaying the provision of information to interested entities , as well as , where relevant , whether the provider of political advertising services is active in several member states. financial and administrative penalties shall in each individual case be effective , proportionate and dissuasive , with due regard to the provision of sufficient and accessible procedural safeguards , and in particular to ensure that the political debate remains open and accessible.


### to protect natural persons with regard to the processing of personal data. ### to protect natural persons with regard to the processing of personal data , in particular to the the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679.


### to protect natural persons with regard to the processing of personal data. ### to provide harmonised levels of protection for natural persons with regard to the processing of personal data in connection with political advertising.


### 2. ‘political advertising’ means the preparation , placement , promotion , publication or dissemination , by any means , of a message: ### 2. ‘political advertising’ means the preparation , placement , promotion , publication or dissemination , by any means , against direct payment or equivalent remuneration of a message:


### 2. ‘political advertising’ means the preparation , placement , promotion , publication or dissemination , by any means , of a message: ### 2. ‘political advertising’ means the preparation , placement , promotion , publication or dissemination , by any means and for direct payment or equivalent consideration , of a message:


### a transparency notice to enable the wider context of the political advertisement and its aims to be understood , or a clear indication of where it can be easily retrieved. ### a transparency notice to enable the wider context of the political advertisement and its aims to be understood , or a clear indication of where it can be easily retrieved online.


### a transparency notice to enable the wider context of the political advertisement and its aims to be understood , or a clear indication of where it can be easily retrieved. ### a transparency notice , as stipulated in paragraph 2 of this article , to enable the wider context of the political advertisement and its aims to be understood , or a clear indication of where it can be easily retrieved.


### 5. if a service provider intentionally or negligently infringes the provisions of this regulation , for the same or linked political advertising , the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the regulation has been violated in multiple respects shall be reflected in the amount of the total fine , in compliance with the principle of proportionality. ### 5. if a service provider intentionally or negligently infringes the provisions of this regulation , for the same or linked political advertising , the total amount of the administrative fine shall be sufficiently adjustable in order to take into account all the relevant factors; the fact that the regulation has been violated in multiple respects shall be reflected in the amount of the total fine , in compliance with the principle of proportionality. if the sponsor were to provide information that could not be identified by the service provider as manifestly incorrect , resulting in a breach of this regulation , then the sponsor alone should be penalised.


### a candidate for any elected office at european , national , regional and local level , or for one of the leadership positions within a political party; ### a candidate for any elected office at european or national level , or for one of the leadership positions within a political party;


### an elected official within a public institution at european , national , regional or local level; ### an elected official within a public institution at european or national level when the message is related to his or her mandate;


### an unelected member of government at european , national , regional or local level; ### an unelected member of government at european or national level;


### 2. the information referred to in paragraph 1 shall be in writing and may be in electronic form. such information shall be retained for a period of five years from the date of the last preparation , placement , publication or dissemination , as the case may be. ### 2. the information referred to in paragraph 1 shall be in writing and in electronic form. such information shall be retained for a period of five years from the date of the last preparation , placement , publication or dissemination , as the case may be.


### (47) personal data collected directly from individuals , or indirectly such as inferred data , when grouping individuals according to their assumed interests or derived through their online activity , behavioural profiling and other analysis techniques , is increasingly used to target political messages to groups or individual voters or individuals , and to amplify their impact. on the basis of the processing of personal data , in particular data considered sensitive under regulation (eu) 2016/679 of the european parliament and of the council11 and regulation (eu) 2018/1725 of the european parliament and of the council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. that has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information , to form their opinion , to make political decisions and exercise their voting rights. this negatively impacts the democratic process. additional restrictions and conditions compared to regulation (eu) 2016/679 and regulation (eu) 2018/1725 should be provided. the conditions set out in this regulation on the use of targeting and amplification techniques involving the processing of personal data in the context of political advertising should be based on article 16 tfeu. ### (47) personal data collected directly from individuals , or indirectly such as inferred data , when grouping individuals according to their assumed interests or derived through their online activity , behavioural profiling and other analysis techniques , is increasingly used to target political messages to groups or individual voters or individuals , and to amplify their impact. on the basis of the processing of personal data , in particular data considered sensitive under regulation (eu) 2016/679 of the european parliament and of the council11 and regulation (eu) 2018/1725 of the european parliament and of the council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. that has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information , to form their opinion , to make political decisions and exercise their voting rights. this negatively impacts the democratic process. additional restrictions and conditions compared to regulation (eu) 2016/679 and regulation (eu) 2018/1725 should be provided. the conditions set out in this regulation on the use of targeting and amplification techniques involving the processing of personal data in the context of political advertising should be based on article 16 tfeu. furthermore , the transparency obligations in this regulation will make it impossible to proclaim , unnoticed , opposing and polarizing messages to specific parts of the electorate , because watchdogs , civil society , journalists and other parts of the electorate will be able to perform their scrutiny.


### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 should therefore be prohibited. the use of such techniques should only be allowed when carried out by the controller , or someone acting on its behalf , on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation , association or any other not-for-profit body with a political , philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. this should be accompanied by specific safeguards. consent should be understood as consent within the meaning of regulation (eu) 2016/679 and regulation (eu) 2018/1725. therefore , it should not be possible to rely on the exceptions as laid down in article 9(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2016/679 and article 10(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2018/1725 respectively for using techniques targeting and amplification techniques to publish , promote or disseminate political advertising involving the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and 10(1) of regulation (eu) 2018/725. ### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 should therefore be subjected to conditions , next to the extensive transparency provisions of the regulation. the use of such techniques should only be allowed when carried out by the controller , or someone acting on its behalf , on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation , association or any other not-for-profit body with a political , philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. these exceptions are needed to safeguard the right to freedom of expression enshrined in the charter of fundamental rights of the eu. this should be accompanied by specific safeguards. consent should be understood as consent within the meaning of regulation (eu) 2016/679 and regulation (eu) 2018/1725. therefore , it should not be possible to rely on the exceptions as laid down in article 9(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2016/679 and article 10(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2018/1725 respectively for using techniques targeting and amplification techniques to publish , promote or disseminate political advertising involving the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and 10(1) of regulation (eu) 2018/725.


### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 should therefore be prohibited. the use of such techniques should only be allowed when carried out by the controller , or someone acting on its behalf , on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation , association or any other not-for-profit body with a political , philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. this should be accompanied by specific safeguards. consent should be understood as consent within the meaning of regulation (eu) 2016/679 and regulation (eu) 2018/1725. therefore , it should not be possible to rely on the exceptions as laid down in article 9(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2016/679 and article 10(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2018/1725 respectively for using techniques targeting and amplification techniques to publish , promote or disseminate political advertising involving the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and 10(1) of regulation (eu) 2018/725. ### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 should therefore be prohibited. the use of such techniques should only be allowed when carried out by the controller , or someone acting on its behalf , on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation , association or any other not-for-profit body with a political , philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. this should be accompanied by specific safeguards. consent should be understood as consent within the meaning of regulation (eu) 2016/679 and regulation (eu) 2018/1725. furthermore , targeting and amplification techniques should also be allowed based on personal data which are manifestly made public by the individual. therefore , it should not be possible to rely on the exceptions as laid down in article 9(2) , points(b) , (c) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2016/679 and article 10(2) , points(b) , (c) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2018/1725 respectively for using techniques targeting and amplification techniques to publish , promote or disseminate political advertising involving the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and 10(1) of regulation (eu) 2018/725.


### (49) in order to ensure enhanced transparency and accountability , when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data , controllers should implement additional safeguards. they should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content and keep record of their relevant activities. when publishing , promoting or disseminating a political advertisement making use of targeting and amplification techniques , controllers should provide , together with the political advertisement , meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used , and the use of third-party data and additional analytical techniques , including whether the targeting of the advertisement was further optimised during delivery. ### (49) in order to ensure enhanced transparency and accountability , when making use of targeting and amplification techniques in the context of political advertising involving the processing of personal data , controllers should implement additional safeguards. they should adopt and implement a policy describing the use of such techniques to target individuals or amplify their content , make annual risk assessments of the use of these techniques on the fundamental rights and freedoms of individuals and the society as a whole and keep record of their relevant activities. when publishing , promoting or disseminating a political advertisement making use of targeting and amplification techniques , controllers should provide , together with the political advertisement , meaningful information to allow the concerned individual to understand the logic involved and main parameters of the targeting used , and the use of third-party data and additional analytical techniques , including whether the targeting of the advertisement was further optimised during delivery.


### (52) the commission should encourage the drawing up of codes of conduct as referred to in article 40 of regulation (eu) 2016/679 to support the exercise of data subjects’ rights in this context. ### (52) the commission should encourage the drawing up of codes of conduct as referred to in article 40 of regulation (eu) 2016/679 to support the exercise of data subjects’ rights in this context. these codes of conduct should give attention to the application of this article for both online and offline political advertising , traditional methods of advertising , such as leaflets or billboards included


### (65) member states should publish the exact duration of their electoral periods , established according to their electoral traditions , sufficiently in advance of the beginning of the electoral calendar. ### (65) member states should publish the exact duration of their electoral periods , established according to their legislation and electoral traditions , sufficiently in advance of the beginning of the electoral calendar.


### (67) within two years after each election to the european parliament , the commission should submit a public report on the evaluation and review of this regulation. in preparing that report the commission should also take into account the implementation of this regulation in the context of other elections and referendums taking place in the union. the report should review inter alia the continued suitability of the provisions of this regulation’s annexes and consider the need for their revision. ### (67) within two years after each election to the european parliament , the commission should present an evaluation report on the applicability of this regulation and , if appropriate , proposals for a review thereof. in preparing that report the commission should also take into account the implementation of this regulation in the context of all elections and referendums taking place in the union. the report should review inter alia the continued suitability of the provisions of this regulation’s annexes and consider the need for their revision and the advisability thereof.


### 2. the provisions of political advertising services shall not be prohibited nor restricted on grounds related to transparency when the requirements of this regulation are complied with. ### 2. the provisions of political advertising services shall not be prohibited nor restricted , including geographically , on grounds related to transparency when the requirements of this regulation are complied with.


### 1. targeting or amplification techniques that involve the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 in the context of political advertising are prohibited. ### deleted


### 2. the prohibition laid down in the first sentence shall not apply to the situations referred to in article 9(2)(a) and (d) of regulation (eu) 2016/679 and article 10(2)(a) and (d) of regulation (eu) 2018/1725. ### deleted


### adopt and implement an internal policy describing clearly and in plain language , in particular , the use of such techniques to target individuals or amplify the content , and retain such policy for a period of five years; ### adopt and implement an internal policy describing clearly and in plain language , in particular , the use of such techniques to target individuals or amplify the content , retain such policy for a period of six years; this internal policy should be made publicly available;


### the nature , gravity and duration of the infringement; ### the nature , gravity , recurrence and duration of the infringement;


### (44) information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. it is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. to support oversight and accountability , such reporting should include information about expenditure on the targeting of political advertising in the relevant period , aggregated to campaign or candidate. to avoid disproportionate burdens , those transparency reporting obligations should not apply to enterprises qualifying under article 3(3) of directive 2013/34/eu. ### (44) information about the amounts spent on and the value of other benefits received in part or full exchange for political advertising services can usefully contribute to the political debate. it is necessary to ensure that an appropriate overview of political advertising activity can be obtained from the annual reports prepared by relevant political advertising publishers. to support oversight and accountability , such reporting should include information about expenditure on the targeting of political advertising in the relevant period , aggregated to campaign or candidate. to avoid disproportionate burdens , those transparency reporting obligations should not apply to enterprises qualifying under article 3(1)-(3) of directive 2013/34/eu.


### 1. welcomes the commission’s initiative , announced in the european strategy for the rights of persons with disabilities , to establish the accessibleeu centre (‘centre’) , which aims to increase coherence in implementing harmonised accessibility policies , and to facilitate access to relevant knowledge and skills , promoting a culture of equal opportunities and full participation in society for persons with disabilities; ### 1. welcomes the commission’s initiative , announced in the european strategy for the rights of persons with disabilities , to establish the accessibleeu centre (‘centre’) , which aims to increase the coherence of harmonised accessibility policies and to monitor their actual implementation , and to facilitate access to relevant knowledge and skills , promoting a culture of equal opportunities and full participation in society for persons with disabilities;


### 3. highlights that the eu has established a comprehensive legal framework for accessibility in the single market; regrets , however , that the implementation of such crucial legislation has not yet been satisfactory , mostly due to the lack of qualified accessibility experts; stresses the need for improving the overall knowledge , as well as practical and theoretical expertise , on accessibility policies among public administrations and economic operators , in order to help find suitable solutions in each member state; ### 3. highlights that the eu has established a comprehensive legal framework for accessibility in the single market; regrets , however , that the implementation of such crucial legislation has not yet been satisfactory , mostly due to the lack of qualified accessibility experts; stresses the need for improving the overall knowledge , as well as practical and theoretical expertise , on accessibility policies among public administrations and economic operators , in order to help find suitable , sustainable and affordable solutions in each member state;


### 4. believes that the absence of a coordination and cooperation framework between the eu , the member states and the relevant stakeholders represents a further obstacle to the implementation of accessibility laws and to the harmonised enforcement across the eu; ### 4. believes that the absence of a coordination and cooperation framework between the eu , the member states and the relevant stakeholders from the public and private sector represents a further obstacle to the implementation of accessibility laws and to the harmonised enforcement across the eu;


### 5. calls on the commission to ensure adequate funding for the functioning of the centre , and calls on the member states to increase resources for the enforcement of accessibility policies , including through eu funds; ### 5. calls on the commission to ensure adequate funding for the functioning of the centre , and calls on the member states to allocate sufficient resources for the enforcement of accessibility policies , including through eu funds;


### 6. calls on the commission to establish a secretariat and a forum to steer and lead the work of the centre; underlines that the forum should guarantee the balanced participation of stakeholders and right-holders with suitable experience in the field of accessibility; stresses that equal gender representation should be ensured; ### 6. calls on the commission to establish a secretariat and a forum to steer and lead the work of the centre; underlines that the forum should guarantee the balanced participation of stakeholders from the public and private sector and right-holders with suitable experience in the field of accessibility; stresses that gender balance should be ensured; calls on the commission to include at least two representatives from the european parliament in the forum;


### 7. highlights the specific challenges posed by particular domains of accessibility policies , such as built environment , public procurement , digital accessibility , media and culture , and assistive technologies; believes , therefore , that specialised sub-groups of experts are needed for certain areas; is convinced that these groups should work closely with the centre and the member states in order to guarantee better assessment , implementation , monitoring and enforcement of accessibility-related legislation; ### 7. highlights the specific challenges posed by particular domains of accessibility policies , such as built environment , public procurement , digital accessibility , media and culture , and assistive technologies; calls on the commission to examine the possible creation of specialised sub-groups of experts to work closely with the centre and the member states in order to guarantee better assessment , implementation , monitoring and enforcement of accessibility-related legislation; underlines that representatives from disability organisations and persons with disabilities should also be involved;


### 9. believes that the centre should function as a hub which provides relevant eu institutions and bodies and its member states when implementing union law with regular assistance and expertise relating to accessibility policies and technical requirements; believes that the centre should establish a cooperation framework that would bring together the relevant national and union bodies with all users groups , in particular organisations representing persons with disabilities , civil society organisations , academia and professionals from all areas of accessibility , in order to guarantee harmonised enforcement across the eu , provide guidance and training , and to inspire policy learning and innovation at national and eu level , including through the identification and sharing of best practices; ### 9. believes that the centre should function as a hub which coordinates relevant eu institutions and bodies as well as national and local authorities responsible for implementing and enforcing accessibility policies with experts and professionals from all areas of accessibility to share good practices across sectors , to help shape policy development at the national and eu levels , and to facilitate consistent and coherent implementation of union law; believes that the centre should establish a cooperation framework that would bring together the relevant national and union bodies with all users groups , in particular organisations representing persons with disabilities including organisations run by persons with disabilities , civil society organisations , academia , private sector organisation and professionals from all areas of accessibility , in order to guarantee harmonised enforcement across the eu , provide guidance and training , and to inspire policy learning and innovation at national and eu level , including through the identification and sharing of best practices; believes moreover , that the centre could prompt the collaboration between the above mentioned bodies and organisations with highly innovative stakeholders in the area of technology in a way to positively affect the development of assistive technologies;


### 11. is of the opinion that the centre should provide research and studies to both the commission and the member states , as well as specialised and comparable information and data , including feedback on the implementation of accessibility laws; highlights that these actions would help accessibility policies to be solidly based on users’ requirements and experiences; ### 11. is of the opinion that the centre should provide research and studies to both the commission and the member states , as well as specialised and comparable information and fully accessible data , including feedback on the implementation of accessibility laws; highlights that these actions would help accessibility policies to be solidly based on users’ requirements and experiences; stresses that the centre should help address gaps in the collection of statistical data at national level on the situation of persons with disabilities;


### 12. considers that the role of the centre would be essential in providing member states , stakeholders and right-holders with constant support for the implementation , monitoring and enforcement of accessibility policies , including through training and guidance documents in all eu official languages; ### 12. considers that the role of the centre would be essential in providing knowledge and support to member states , stakeholders and right-holders for the implementation , monitoring and enforcement of accessibility policies , including through training and guidance documents in all eu official languages;


### 14. regrets that the standardisation system does not adequately allow persons with disabilities and their representative organisations to participate on an equal footing with other stakeholders when drafting accessibility standards; considers that the centre should appoint technical experts to the standardisation committees and , where possible , should assist the commission in drafting technical specifications by involving all relevant stakeholders and right-holders; ### 14. considers that eu accessibility standardisation processes should adequately allow persons with disabilities and their representative organisations to participate on an equal footing with other stakeholders when drafting accessibility standards; considers that the centre should appoint technical experts to the standardisation committees and , where possible , should assist the commission in drafting technical specifications by involving all relevant stakeholders and right-holders;


### 2. recalls the commission’s obligation , as laid down in article 33 , second sentence of the directive , to submit a report on the application of the directive no later than 19 december 2022 , and reminds the member states’ of their obligation under article 7(2) of the directive to report to the commission on progress regarding accessibility by the same date; ### 2. recalls the commission’s obligation , as laid down in article 33 , second sentence of the directive , to submit a report on the application of the directive no later than 19 december 2022 , and reminds the member states’ of their obligation under article 7(2) of the directive to report to the commission on progress regarding accessibility by the same date; draws attention to the commission’s media outlook announced in the media audiovisual action plan (maap) that will notably focus on the consequences of the tackling of the eu market by the global vod platforms;


### 3. calls on the commission to take the necessary measures to prevent any abuse of rights in the application of article 2(4) of the directive; ### 3. calls on the commission to take the necessary measures to prevent any abuse of rights in the application of article 2(4) of the directive; including by some member states when imposing very restrictive requirements for broadcasters which are detriment of a healthy audiovisual media environment and good functioning of eu single market;


### b. whereas new horizontal legal provisions at union level make it necessary to clarify its their interconnection with this specific legal framework for audiovisual media service providers in a consistent and coherent manner; ### b. whereas new horizontal legal provisions at union level make it necessary to clarify its their interconnection with this specific legal framework for audiovisual media service providers in a consistent and coherent manner; whereas the potential for conflict and thus the need for consistency and coherence has increased significantly in recent times due to enacted or proposed legislation at eu level in the “digital decade” , namely , the dsa , which addresses players in the distribution and value chain of audiovisual content and has direct links with the avmsd; whereas more evident links exist in the proposals for an emfa and the proposal for a regulation on political advertising , which address issues directly relevant for the audiovisual media sector;


### 6. considers that horizontal legislation applicable to audiovisual media services , such as the digital services act or horizontal co- and self-regulation standards , such as the 2022 strengthened code of practice on disinformation , should always be interpreted in a manner that is consistent with the objectives of the directive; ### 6. considers that horizontal legislation applicable to audiovisual media services , such as the digital services act or horizontal co- and self-regulation standards , such as the 2022 strengthened code of practice on disinformation , should always be interpreted in a manner that is consistent with the objectives of the directive; calls , with particular regard to the dsa , the emfa proposal and the regulation on political advertising for a clarification on the interplay of the avmsd , not only in light of the endeavour to create legal certainty and ensure effective (cross-border) law enforcement but also in light of the maintenance of value decisions of the avmsd such as the independence of supervision and the protection of editorial content;


### 7. calls on the commission , on the basis of the member states’ reports and in cooperation with erga , to work on common qualitative and quantitative targets to promote the further development of accessible services and to improve the accessibility of services overall; ### 7. notes that co-legislators have introduced important novelties in the revised directive , notably a provision protecting the integrity of audiovisual media services (article 7b) and a provision recognizing the ability of member states to adopt measures promoting the prominence of audiovisual media services of general interest (article 7a); highlights the need to ensure proper implementation of these provisions , considering the key role that device manufacturers and user interface providers play for the way in which citizens access , discover and find audiovisual media services online; calls on the commission , on the basis of the member states’ reports and in cooperation with erga , to work on common qualitative and quantitative targets to promote the further development of accessible services and to improve the accessibility of services overall;


### 8. encourages member states to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests , furthermore , that erga develop guidelines in this regard; ### 8. encourages member states to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests , furthermore , that erga should help to develop guidelines in this regard , with a view to a harmonised european approach , based on an analysis of best practices; believes that progress could be made towards an obligation of prominence for general interest audiovisual media services , under the condition that the scope and understanding of the general interest content is harmonised and does not go against eu values;


### 8. encourages member states to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests , furthermore , that erga develop guidelines in this regard; ### 8. encourages member states to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; takes the view that the measures laid down in article 7(a) could be further strengthened; suggests , furthermore , that erga develop guidelines in this regard;


### 9. points out , in this regard , that services or content of general interest are deliberately not limited to public service media but also include content provided by commercial media service providers aimed at meeting social , democratic and cultural needs; ### 9. points out , in this regard , that services or content of general interest are deliberately not limited to public service media but also include content provided by commercial media service providers aimed at meeting social , democratic and cultural needs , as they may represent a greater diversity of views on the political spectrum;


### 10. considers that the objectives of the directive are served by member states taking measures to ensure findability of content and services of general interest vis-à-vis relevant user interfaces and platform services that offer their services to users in the territory of that member state but are not themselves established there; ### 10. considers that the objectives of the directive are served by member states taking measures to ensure findability of content and services of general interest vis-à-vis relevant user interfaces and platform services that offer their services to users in the territory of that member state but are not themselves established there; recalls that it is important for these measures to be based on transparent and objective criteria;


### 10. considers that the objectives of the directive are served by member states taking measures to ensure findability of content and services of general interest vis-à-vis relevant user interfaces and platform services that offer their services to users in the territory of that member state but are not themselves established there; ### 10. considers that the objectives of the directive are served by member states taking measures to ensure discoverability of european works and findability of content and services of general interest vis-à-vis relevant user interfaces and platform services that offer their services to users in the territory of that member state but are not themselves established there;


### 12. considers it appropriate to maintain the european quota targets as minimum targets at their current level; ### 12. considers it appropriate to maintain the european quota targets as minimum targets at their current level; points out that this is a mechanism the aim of which is to promote cultural diversity and stimulate european creation; stresses , however , that because of the late transposition of the revised ams directive by the member states it is still too early to draw conclusions regarding implementation of article 13 , and in particular the provisions thereof on a minimum share of european works that providers of on-demand audiovisual media services should include in their catalogues , or provisions on financial contributions; calls on the commission to carry out as soon as possible an assessment of the real impact of those provisions on cultural diversity and the promotion of european and independent creation; calls on the commission to analyse the need for any future changes to the minimum thresholds for european works in the catalogues of providers of on-demand audiovisual media services in conjunction with the necessary assessment of the relevance of the criteria defining a european work; takes the view that , in order to define a european work , criteria such as ownership of intellectual property rights and authorisations for usage by european creators and producers could be taken into account , thus allowing them to retain artistic control over their works; considers that that can help to ensure greater fairness in terms of contractual links between european creators and large platforms;


### 12. considers it appropriate to maintain the european quota targets as minimum targets at their current level; ### 12. stresses the importance of the quota obligations and the financing tools introduced by articles 13(1) and 13(2) of the avms directive , which are fundamental to the objectives of promotion and diversity of the european audiovisual sector on which the directive is grounded , emphasises the importance of the provisions on the promotion and distribution of european works along with discoverability tools provided by erga to member states and their direct impact on local audiovisual creation and business ecosystems , reminds the member states that the european quota targets are minimum targets , and they can go beyond these targets at national level;


### 13. encourages , furthermore , greater agreement on common eu-wide requirements in investment incentive schemes in the form of tax credits; considers that such schemes should provide automatic eligibility mechanisms so that they are less dependent on award decisions by panels , are not capped and provide additional incentives for social or cultural effects that are desirable in terms of media policy , such as talent development , social obligations , inclusion , diversity , gender equality or greening; ### deleted


### the standards referred to in the first subparagraph of article 4(2) are not in line with eu climate and environmental legislation and ambition; ### deleted


### references to standards referred to in the first subparagraph of article 4(2) cannot be published in the official journal for the reasons set out in article 34(4) or other legal reasons; ### there is a need to adapt the standards which have been established by european standardisation organisations but which cannot be published in the official journal;


### 4. in order to cover the regulatory needs of member states and to pursue the environmental , safety and harmonisation goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by determining , for particular product families and categories , the following: ### 4. while priority shall be given to the elaboration of standards in order to cover the regulatory needs of member states and to pursue the harmonisation goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , after consultation of the relevant european standardisation organisations and european stakeholder organisations receiving union financing under regulation (eu) no 1025/201 by determining , for particular product families and categories , the following:


### 4. in order to cover the regulatory needs of member states and to pursue the environmental , safety and harmonisation goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by determining , for particular product families and categories , the following: ### 4. in order to cover the regulatory needs of member states and to pursue the environmental , safety and harmonisation goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 and in consultation with the european standardisation organisations , by determining , for particular product families and categories , the following:


### threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers; ### threshold levels and classes of performance in relation to the essential characteristics , taking into account union climate and biodiversity goals , energy and resource efficiency , overall environmental targets , and the paris agreement , and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner through the use of digital product passports to foster the market's competition development and innovation;


### 5. the commission is empowered to amend annex i part a by means of delegated acts in accordance with article 87 in order to adapt it to technical progress and to cover new risks and environmental aspects. ### deleted


### 5. the commission is empowered to amend annex i part a by means of delegated acts in accordance with article 87 in order to adapt it to technical progress and to cover new risks and environmental aspects. ### 5. the commission is empowered to amend annex i part a by means of delegated acts in accordance with article 87 and in consultation with the european standardization organisations , in order to adapt it to technical progress and to cover new risks and environmental aspects.


### 1. all products covered by this regulation shall , prior to their placing on the market or direct installation , satisfy the generic , directly applicable product requirements set out in annex i part d and the product requirements laid down in annex i part b and c as specified for the respective product family or category in accordance with paragraph 2. the product requirements laid down in annex i part b and c are only applicable where they have been specified in accordance with paragraph 2. ### 1. the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by specifying for the respective product family or category , product requirements laid down in annex i part b and c.


### 2. in order to specify the product requirements set out in annex i part b , c and d , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by specifying , for particular product families and categories , these product requirements and by laying down the corresponding assessment methods. once the commission has specified these product requirements by delegated acts , it may issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts. ### 2. in order to specify the product requirements , including threshold levels , set out in annex i part b , c and d , the commission shall supplement this regulation , by means of delegated acts in accordance with article 87 , by specifying , for particular product families and categories , these product requirements and by laying down the corresponding assessment methods. once the commission has specified these product requirements by delegated acts , it may issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts.


### 1. the harmonised zone shall be presumed to be comprehensive , covering all potential requirements for products other than those covered by other union law. ### 1. the harmonised zone shall be presumed to be comprehensive , covering all potential legal requirements for products other than those covered by other union law.


### this paragraph shall also apply to public tenders or direct attributions of contracts where those public tenders or direct attributions are executed under direct or indirect control of public entities or are executed with reference to public provisions on public tenders or direct attribution of contracts. this paragraph shall also apply to grants or other positive incentives with the exception of fiscal incentives. however , harmonised technical specifications may permit or recommend member states to link the decisions on the attribution of public tenders , of contracts or of grants or other positive incentives to sub-classes or additional classes other than those established in accordance with article 4(4) where these still relate to environmental performances assessed in accordance with these harmonised technical specifications. ### deleted


### 7. this regulation does not hinder member states to introduce mandatory deposit-refund systems , to oblige manufacturers to take back used or not used products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste , provided that all of the following is complied with: ### 7. this regulation does not hinder member states to introduce mandatory deposit-refund systems , to oblige manufacturers to take back used or not used non-custom-made products directly or via their importers and distributors and to establish obligations regarding the collection and the treatment of products for waste , provided that all of the following is complied with:


### 8. member states may ban the destruction of products taken back in accordance with article 22(2) , point (j) and article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products. ### 8. member states may ban the destruction of non-custom-made products taken back in accordance with article 22(2) , point (j) and article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.


### the product is , otherwise than by 3d-printing or already existing moulds , individually manufactured or custom-made in a non-series process in response to a specific order , and installed in a single identified construction work , by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules , and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; ### the product is individually manufactured or custom-made in a non-series process in response to a specific order , and installed in a single identified construction work , by a manufacturer who is also responsible for the safe incorporation of the product into the construction work in compliance with the applicable national rules , and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules;


### the product is otherwise than by 3d-printing or already existing moulds manufactured on the construction site , in a non-series process for its incorporation in the respective construction work in compliance with the applicable national rules and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; or ### the product is manufactured on the construction site , in a non-series process for its incorporation in the respective construction work in compliance with the applicable national rules and under the supervision of those responsible for the safe execution of the construction works designated under the applicable national rules; or


### 4. the information referred to in article 31 or , as the case may be , in article 33 of regulation (ec) no 1907/2006 of the european parliament and of the council45 shall be provided together with the declaration of performance. ### 4. safety data sheets referred to in article 31 of regulation (ec) no 1907/2006 of the european parliament and of the council45 shall be provided together with the declaration of performance when the construction product is supplied to an industrial or professional user.


### 4. the information referred to in article 31 or , as the case may be , in article 33 of regulation (ec) no 1907/2006 of the european parliament and of the council45 shall be provided together with the declaration of performance. ### 4. the following information on substances of concern added to the product shall be provided together with the declaration of performance:


### where the declaration is provided by electronic means , the manufacturer shall issue that declaration in a commonly readable , but unamendable electronic format. alternatively , the manufacturer may use a permalink provided that the permalink and the document accessible via the permalink are unamendable. commission delegated regulation (eu) no 157/201446 shall apply under this regulation. ### the declaration provided by electronic means shall be issued by the manufacturer in a commonly readable , but unamendable electronic format. in addition , the manufacturer shall issue that declaration in a machine readable , but unamendable electronic format.


### where the declaration is provided by electronic means , the manufacturer shall issue that declaration in a commonly readable , but unamendable electronic format. alternatively , the manufacturer may use a permalink provided that the permalink and the document accessible via the permalink are unamendable. commission delegated regulation (eu) no 157/201446 shall apply under this regulation. ### where the declaration is provided by electronic means , the manufacturer shall issue that declaration in a commonly machine readable , but unamendable electronic format. to ensure the availability of information over time , the manufacturer may use a permalink or a data carrier provided that the permalink or data carrier and the document accessible via the permalink or data-carrier are unamendable. commission delegated regulation (eu) no157/201446 shall apply under this regulation.


### the unique identification code of the product-type , the permalink to the manufacturer’s products registration(s) in union databases and the precise location therein where the product can be found; ### the unique identification code of the product-type , the permalink to the manufacturer’s products registration(s) in union databases or on the manufacturer's own website and the precise location therein where the product can be found;


### the items listed in points d) to f) may be replaced by a permalink to the combined declaration of performance and of conformity (electronic ce marking). ### the items listed in points d) to f) may be replaced by a permalink or data-carrier to the combined declaration of performance and of conformity (electronic ce marking).


### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. ### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. these restrictions does not comprise the eu ecolabel and other state commissioned type i-ecolabels (iso 14024)


### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. ### markings other than the ce marking , including private ones , may be affixed on a product only if they do not only signify conformity of the product with the declared performance and/or with the product requirements set out in this regulation and if these are not de jure or de facto mandatory for marketing or using a product.


### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. ### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. these restrictions shall not comprise the eu ecolabel and other state commissioned type i-ecolabels (iso 14024).


### who is involved in financial and other collateral services linked to the making available or direct installation of products. ### deleted


### the manufacturer shall in the same way as set out in the first subparagraph label a product as “only for professional use” if it is not intended for consumers or other non-professional users. products not labelled “only for professional use” shall be deemed to be also intended for non-professional users and consumers in the meaning of this regulation and the regulation (eu) … [regulation on general product safety]. ### deleted


### 7. the manufacturer shall upload the data of the declaration of performance , of the declaration of conformity , the information referred to in paragraph 6 and the technical documentation in the eu product database or system established in accordance with article 78. ### 7. the manufacturer shall upload the data of the declaration of performance , of the declaration of conformity , the information referred to in paragraph 6 and the technical documentation in the eu product database or system established in accordance with article 78 or in a dedicated place on their website.


### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling; ### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials , renewable materials and materials gained from recycling;


### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling; ### under the conditions set out in point (a)(i) and (ii) give preference to reusable and recyclable materials , by-products , and materials gained from re-use , recycling and sustainably sourced bio-based materials , provided for the last , that the overall climate impacts of biomass production are included in a whole lifecycle assessment and demonstrate lower global warming potential;


### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling; ### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling , while taking into account the environmental and climate impact of transporting such materials;


### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling; ### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling or otherwise unused by-products;


### respect the minimum recycled content obligations and other limit values regarding aspects of environmental , including climate sustainability contained in harmonised technical specifications; ### respect the minimum recycled content obligations , use of by-products and respect other limit values regarding aspects of environmental , including climate and biodiversity sustainability , and resource and energy efficiency contained in harmonised technical specifications;


### 5. in order to ensure transparency for the users and to promote sustainable products , the commission is empowered to supplement this regulation by delegated acts adopted in accordance with article 87 to establish specific environmental sustainability labelling requirements including “traffic-light-labelling” in relation to environmental obligations set out in paragraph 1 , product inherent environmental requirements set out in annex i part c point 2 , and environmental performance classes established in accordance with of article 4(4) , point (a). ### deleted


### 6. the manufacturer shall affix the traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5. ### 6. the manufacturer shall affix the environmental sustainability label , which could include the traffic light label on products not intended for professional use , in the way set out in the delegated acts adopted in accordance with paragraph 5.


### 6. the manufacturer shall affix the traffic light label in the way set out in the delegated acts adopted in accordance with paragraph 5. ### deleted


### 1. a manufacturer may appoint , by a written mandate , any natural or legal person established within the union as a single authorised representative. a manufacturer not established in the union shall appoint a single authorised representative. ### 1. a manufacturer may appoint , by a written mandate , any natural or legal person established within the union as a single authorised representative.


### 3. the distributor shall ensure that no products are sold to consumers or other non-professional users which are labelled “for professional use only”. these products shall , in their premises , online and on paper publicity material , be presented as products for professional use only. ### deleted


### [...] ### deleted


### 1. when contributing to the making available on the market or direct installation of a product , fulfilment service provider or broker shall act with due care in relation to the obligations of this regulation. it shall be liable for infringement of this article and of article 19 in accordance with national law on contractual and extra-contractual liability. ### 1. when contributing to the making available on the market of a product , fulfilment service provider or broker shall act with due care in relation to the obligations of this regulation. it shall be liable for infringement of this article and of article 19 in accordance with national law on contractual and extra-contractual liability.


### article 31 ### deleted


### a harmonised technical specification intended to be adopted in the next 2 years as from the date of verification with the commission; ### a harmonised technical specification intended to be adopted in the next 1 year as from the date of verification with the commission;


### 2. economic operators may access all information stored in that database or system which regards them specifically. they may request that incorrect information is corrected. ### 2. economic operators may access all information stored in that database or system which regards them specifically , and shall control which third parties have access to the information. they may request that incorrect information is corrected.


### product contact points for construction shall provide , at the request of an economic operator or a market surveillance authority of another member state , any useful product related information , such as: ### product contact points for construction shall provide , at the request of an economic operator or a market surveillance authority of another member state , any useful product related information in a language easily understood by the majority , such as:


### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4(4) , point (a) or a “traffic-light-labelling” in accordance with article 22(5) , those incentives shall aim at the highest two populated classes / colour codes , or at higher classes / better colour codes. ### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4 , those incentives shall aim at the highest two populated classes , or at higher classes.


### where member states provide incentives for a product category covered by a delegated act establishing performance classes in accordance with article 4(4) , point (a) or a “traffic-light-labelling” in accordance with article 22(5) , those incentives shall aim at the highest two populated classes / colour codes , or at higher classes / better colour codes. ### where member states provide incentives for a product category covered by a delegated act establishing performance classes for sustainability characteristics in accordance with article 4(4) , point (a) , those incentives shall aim at the highest two populated classes , or at higher classes.


### article 84 ### deleted


### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. ### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. the delegated acts may only specify and extend , but not restrict or exclude , the obligations of contracting authorities under paragraph -1a and paragraph -1b.


### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. ### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements that may be applied by member states to public contracts.


### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , may take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate. ### deleted


### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , may take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate. ### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , may take the form of voluntary technical specifications , contract performance clauses , or targets , as appropriate.


### article 85 ### deleted


### 3. before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making52 . ### 3. before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making52 . the experts of the affected industry shall also be consulted as part of the process.


### all documentation required by article 19(7) ,article 21(3) , articles 64 to 66 and annex v can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks). ### all documentation required by article 19(7) ,article 21(3) , articles 64 to 66 and annex v can be provided on paper or in a commonly used electronic format and in a way that permits downloads via unmodifiable links (permalinks or data carriers).