### (36) this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union (the ‘charter’). in particular , it respects the right to privacy of the economic operators enshrined in article 7 of the charter , right to data protection set out in article 8 of the charter , the freedom to conduct business and the freedom of contract , which are protected by article 16 of the charter , the right to property , protected by article 17 of the charter , right to collective bargaining and action protected by article 26 of the charter and the right to an effective judicial remedy and to a fair trial as provided for in article 47 of the charter. since the objective of this regulation cannot be sufficiently achieved by the member states and can rather , by reason of the scale or effects of the action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective. the regulation should not affect the autonomy of the social partners as recognised by the tfeu. ### (36) this regulation respects fundamental rights and observes the principles recognised in particular by the european social charter and the charter of fundamental rights of the european union (the ‘charter’) , notably everyone’s right to liberty and security of person , as enshrined in article 6. in particular , it respects the right to privacy enshrined in article 7 of the charter , right to data protection set out in article 8 of the charter , the freedom to choose an occupation and right to engage in work as protected by article 15 of the charter , the freedom to conduct business and the freedom of contract , which are protected by article 16 of the charter , the right to property , protected by article 17 of the charter , right to collective bargaining and action protected by article 28 of the charter , the right to fair and just working conditions as protected by article 31 of the charter , and the right to an effective judicial remedy and to a fair trial as provided for in article 47 of the charter. no emergency measure triggered under this regulation in response to a crisis in the single market should be used to undermine or circumvent fundamental human rights and workers' rights as guaranteed under the charter , the european social charter or international human rights instruments. since the objective of this regulation cannot be sufficiently achieved by the member states and can rather , by reason of the scale or effects of the action , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective. the regulation should not affect the autonomy of the social partners as recognised by the tfeu.


### (38) the union framework shall include interregional elements to establish coherent , multi-sectoral , cross-border single market vigilance and emergency response measures , in particular considering the resources , capacities and vulnerabilities across neighbouring regions , specifically border regions. ### (38) the union framework shall include interregional elements to establish coherent , multi-sectoral , cross-border single market vigilance and emergency response measures , in particular considering the resources , capacities and vulnerabilities across neighbouring regions , specifically border regions , with a special focus on workers' rights and working conditions of cross-border and frontier workers.


### 1. the measures set out in this regulation apply in relation to significant impacts of a crisis on the functioning of the single market and its supply chains. ### 1. the measures set out in this regulation apply in relation to significant impacts of a crisis on the functioning of the single market and its supply chains , while fully respecting and safeguarding fundamental human rights as laid down in the european social charter and the charter of fundamental rights of the european union..


### 7. any actions under this regulation shall be consistent with union’s obligations under international law ### 7. any actions under this regulation shall be consistent with union’s obligations under international law , including human rights and workers' rights obligations of the union and its member states resulting from international human rights instruments.


### (1) ‘crisis’ means an exceptional unexpected and sudden , natural or man-made event of extraordinary nature and scale that takes place inside or outside of the union; ### (1) ‘crisis’ means an exceptional unexpected and sudden , natural or man-made event of extraordinary nature and scale , with the exclusion of collective actions , that takes place inside or outside of the union and results or risks to result in a significant disruption of the supply of goods and services;


### (1) ‘crisis’ means an exceptional unexpected and sudden , natural or man-made event of extraordinary nature and scale that takes place inside or outside of the union; ### (1) ‘crisis’ means an exceptional unexpected and sudden , natural or man-made event of extraordinary nature and scale , with the exclusion of collective actions , that takes place inside or outside of the union and results of risks to result in a significant disruption of the supply of goods and services;


### (3) ‘single market emergency’ means a wide-ranging impact of a crisis on the single market that severely disrupts the free movement on the single market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the single market; ### (3) ‘single market emergency’ means a wide-ranging impact of a crisis on the single market , with the exception of the exercise of fundamental rights , including collective actions , that severely disrupts the free movement on the single market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the single market;


### 2. the advisory group shall be composed of one representative from each member state. each member state shall nominate a representative and an alternate representative. ### 2. the advisory group shall be composed of one representative from each member state. each member state shall nominate a representative and an alternate representative. cross-industry social partner organisations at union level may designate four representatives to the advisory group that will be composed of at least 50% representation of trade union organisations.


### 2. the advisory group shall be composed of one representative from each member state. each member state shall nominate a representative and an alternate representative. ### 2. the advisory group shall be composed of one representative from each member state. each member state shall nominate a representative and an alternate representative. cross-industry social partner organisations at union level may designate four representatives to the advisory group with will be composed of at least 50% representation of trade union organisations.


### 3. the commission shall chair the advisory group and ensure its secretariat. the commission may invite a representative of the european parliament , representatives of efta states that are contracting parties to the agreement on the european economic area49 , representatives of economic operators , stakeholder organisations , social partnersand experts , to attend meetings of the advisory group as observers. it shall invite the representatives of other crisis-relevant bodies at union level as observers to the relevant meetings of the advisory group. ### 3. the commission shall chair the advisory group and ensure its secretariat. the commission may invite a representative of the european parliament , representatives of efta states that are contracting parties to the agreement on the european economic area49 , additionalrepresentatives of trade unions.economic operators , stakeholder organisations and experts , to attend meetings of the advisory group as observers. it shall invite the representatives of other crisis-relevant bodies at union level as observers to the relevant meetings of the advisory group.


### 3. the commission shall chair the advisory group and ensure its secretariat. the commission may invite a representative of the european parliament , representatives of efta states that are contracting parties to the agreement on the european economic area49 , representatives of economic operators , stakeholder organisations , social partners and experts , to attend meetings of the advisory group as observers. it shall invite the representatives of other crisis-relevant bodies at union level as observers to the relevant meetings of the advisory group. ### 3. the commission shall chair the advisory group and ensure its secretariat. the commission may invite a representative of the european parliament , representatives of efta states that are contracting parties to the agreement on the european economic area49 , additionalrepresentatives of trade unions ,economic operators , stakeholder organisations , social partners and experts , to attend meetings of the advisory group as observers. it shall invite the representatives of other crisis-relevant bodies at union level as observers to the relevant meetings of the advisory group.


### consulting the representatives of economic operators , including smes , and industry to collect market intelligence; ### consulting the representatives of trade unions and economic operators , including smes , and industry to analyse the impact on workers' rights and collect socio-economic intelligence;


### consulting the representatives of economic operators , including smes , and industry to collect market intelligence; ### consulting the representatives of trade unions and economic operators , including smes , and industry to collect socio-economic intelligence;


### maintaining a repository of national and union crisis measures that have been used in previous crises that have had an impact on the single market and its supply chains ### maintaining a repository of national and union crisis measures that have been used in previous crises that have had an impact on workers' rights and working conditions as well as in the single market and its supply chains


### 9. the advisory group may adopt opinions , recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. ### 9. the advisory group may adopt opinions , recommendations or reports in the context of its tasks set out in paragraphs 4 to 6 , which shall be made public without delay.


### consultation of the representatives of economic operators and social partners , including smes , on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the single market; ### consultation of the representatives of trade unions and economic operators , including smes , on their initiatives and actions to secure worker's rights and working conditions , to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the single market , including the impact of such initiatives on workers' rights and working conditions;


### consultation of the representatives of economic operators and social partners , including smes , on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the single market; ### consultation of the representatives of trade unions and economic operators and social partners , including smes , on their initiatives and actions to mitigate and respond to potential supply chain disruptions and overcome potential shortages of goods and services in the single market;


### the number of economic operators affected by the disruption or potential disruption; ### the number of economic operators and workers affected by the disruption or potential disruption;


### 1. where the commission , taking into consideration the opinion provided by the advisory group , considers that the threat referred to in article 3(2) is present , it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. such an implementing act shall contain the following: ### 1. where the commission , taking into consideration the opinion provided by the advisory group , considers that the threat referred to in article 3(2) is present , it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act and report such activation to the european parliament without delay. such an implementing act shall contain the following:


### 1. the commission , if it considers that the reasons for activating the vigilance mode pursuant to article 9(1) remain valid , and taking into consideration the opinion provided by the advisory group , may extend the vigilance mode for a maximum duration of six months by means of an implementing act. ### 1. the commission , if it considers that the reasons for activating the vigilance mode pursuant to article 9(1) remain valid , and taking into consideration the opinion provided by the advisory group , may extend the vigilance mode for a maximum duration of six months by means of an implementing act. such extension shall be reported to the european parliament without delay.


### 2. where the commission , taking into consideration the opinion provided by the advisory group , finds that the threat referred to in article 3(2) is no longer present , with respect to some or all vigilance measures or for some or all of the goods and services , it shall deactivate the vigilance mode in full or in part by means of an implementing act. ### 2. where the commission , taking into consideration the opinion provided by the advisory group , finds that the threat referred to in article 3(2) is no longer present , with respect to some or all vigilance measures or for some or all of the goods and services , it shall deactivate the vigilance mode in full or in part by means of an implementing act. such deactivation shall be reported to the european parliament without delay.


### 2. where the commission , taking into consideration the opinion provided by the advisory group , finds that the threat referred to in article 3(2) is no longer present , with respect to some or all vigilance measures or for some or all of the goods and services , it shall deactivate the vigilance mode in full or in part by means of an implementing act. ### 2. where the commission , taking into consideration the opinion provided by the advisory group , finds that the threat referred to in article 3(2) is no longer present , with respect to some or all vigilance measures or for some or all of the goods and services , it shall deactivate the vigilance mode in full or in part by means of an implementing act. such extension shall be reported to the european parliament without delay.


### 1. when the vigilance mode has been activated in accordance with article 9 , national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode. ### 1. when the vigilance mode has been activated in accordance with article 9 , national competent authorities shall monitor the supply chains of goods and services of strategic importance that have been identified in the implementing act activating the vigilance mode , as well as the compliance with workers' rights and working conditions in the identified strategic areas. trade unions shall be consulted for this purpose.


### 2. where the commission , taking into consideration the opinion provided by the advisory group , considers there is a single market emergency , it shall propose to the council to activate the single market emergency mode. ### 2. where the commission , taking into consideration the opinion provided by the advisory group , considers there is a single market emergency , it shall propose to the council to activate the single market emergency mode. the commission shall inform the european parliament of such proposal without delay.


### 5. as soon as the single market emergency mode is activated , the commission shall , without delay , adopt a list of crisis-relevant goods and services by means of an implementing act. the list may be amended by means of implementing acts. ### 5. as soon as the single market emergency mode is activated , the commission shall , without delay , consult the advisory group and adopt a list of crisis-relevant goods and services by means of an implementing act. the list may be amended by means of implementing acts.


### 1. when adopting and applying national measures in response to a single market emergency and the underlying crisis , member states shall ensure that their actions fully comply with the treaty and union law and , in particular , with the requirements laid down in this article. ### 1. when adopting and applying national measures in response to a single market emergency and the underlying crisis , member states shall ensure that their actions fully comply with the treaty and union law , as well as fundamental human rights and workers' rights and , in particular , with the requirements laid down in this article.


### 2. any restriction shall be limited in time and removed as soon as the situation allows it. additionally , any restriction should take into account the situation of border regions. ### 2. any restriction shall be limited in time and removed as soon as the situation allows it. additionally , any restriction should take into account the situation of border regions and mobile workers , especially for cross-border and frontier workers.


### 3. any requirement imposed on citizens and businesses shall not create an undue or unnecessary administrative burden. ### deleted


### 4. member states shall inform citizens , consumers , businesses , workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner. ### 4. member states shall inform citizens , consumers , businesses , workers and their representatives about measures that affect their free movement rights in a timely , clear and unambiguous manner. in that sense , member states shall cooperate with trade unions at local and national levels.


### 5. member states shall ensure that all affected stakeholders are informed of measures restricting free movement of goods , services and persons , including workers and service providers , before their entry into force. member states shall ensure a continuous dialogue with stakeholders , including communication with social partners and international partners. ### 5. member states shall ensure that all affected stakeholders are informed of measures restricting free movement of goods , services and persons , including workers and service providers , before their entry into force. member states shall involve trade unions in the elaboration and implementation of such measures , including communication with social partners and international partners.


### restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to article 14 , paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to article 14 paragraph 5 , or other measures having equivalent effect , that: ### restrictions on the free movement of persons involved in the production of crisis-relevant goods that are listed in an implementing act adopted pursuant to article 14 , paragraph 5 and their parts or in provision of crisis-relevant services that are listed in an implementing act adopted pursuant to article 14 paragraph 5 or which are essential to the functioning of the relevant sectors , or other measures having equivalent effect , that:


### imposing restrictions on workers and service providers and their representatives , unless to do so in inherent to the nature of the crisis/single market emergency and it does not manifestly go beyond what is necessary for that purpose. ### imposing restrictions on workers and service providers and their representatives , unless to do so in inherent to the nature of the crisis/single market emergency and it does not manifestly go beyond what is necessary for that purpose , always respecting the workers' right to health.


### 5. when a single market emergency has been activated in accordance with article 14 and the activities exercised by the service providers , business representatives and workers are not affected by the crisis in the member state and safe travel is possible despite the crisis , that member state shall not impose travel restrictions on such categories of persons from other member states that would prevent them from having access to their place of activity or workplace. ### 5. when a single market emergency has been activated in accordance with article 14 and the activities exercised by the service providers , business representatives and workers are not affected by the crisis in a member state and safe travel is possible despite the crisis , member states shall not impose travel restrictions on such categories of persons from other member states that would prevent them from having access to their place of activity or workplace , unless such measures are explicitly justified by the protection of public health or workers’ rights.


### 6. when a single market emergency has been activated in accordance with article 14 and exceptional circumstances resulting from the crisis do not allow all service providers , business representatives and workers from other member states to travel and to have unhindered access to their place of activity or workplace , but travelling is still possible , member states shall not impose travel restrictions , on: ### 6. when a single market emergency has been activated in accordance with article 14 and exceptional circumstances resulting from the crisis do not allow all service providers , business representatives and workers from other member states to travel and to have unhindered access to their place of activity or workplace , but travelling is still possible , member states shall not impose travel restrictions , on the following categories of persons , unless public health and workers' right to health require such restrictions:


### 7. when taking the measures referred to in this provision , the member states shall ensure full compliance with the treaties and union law. nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the treaties or other provisions of union law. ### 7. when taking the measures referred to in this provision , the member states shall ensure full compliance with the treaties and union law , especially with workers' rights and working conditions. nothing in this provision shall be construed as authorising or justifying restrictions to free movement contrary to the treaties or other provisions of union law.


### 1. during the single market emergency mode , the commission may provide for supportive measures to reinforce free movement of persons referred to in article 17(6) and 17(7) by means of implementing acts. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 422(2). on duly justified imperative grounds of urgency relating to the impacts of the crisis on the single market , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 42(3). ### 1. during the single market emergency mode , the commission may provide for supportive measures to preserve free movement of persons referred to in article 17(6) and 17(7) by means of implementing acts in so far as these measures do not undermine the exercise of fundamental rights , notably workers’ rights . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 422(2). on duly justified imperative grounds of urgency relating to the impacts of the crisis on the single market , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 42(3).


### 6. the commission shall ensure that citizens and businesses are informed of the notified measures , unless member states request that the measures remain confidential , or the commission deems disclosure of those measures would affect the security and public order of the european union or its member states , as well as of the decisions and member states’ comments adopted in accordance with this article. ### 6. the commission shall ensure that workers , citizens and businesses are informed of the notified measures , as well as of the decisions and member states’ comments adopted in accordance with this article.


### 2. if an economic operator does not accept and prioritise priority rated orders , the commission may , at its own initiative or at the request of 14 member states , assess the necessity and proportionality of resorting to priority rated orders in such cases , the commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order , the opportunity to state their position within a reasonable time limit set by the commission in light of the circumstances of the case. in exceptional circumstances , following such an assessment , the commission may address an implementing act to the economic operator concerned , requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. the commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the single market ### 2. if an economic operator does not accept and prioritise priority rated orders , the commission may , at its own initiative or at the request of 14 member states , assess the necessity and proportionality of resorting to priority rated orders in such cases , the commission shall give the economic operator concerned as well as trade unions and any parties demonstrably affected by the potential priority rated order , the opportunity to be informed and consulted within a reasonable time limit set by the commission in light of the circumstances of the case. workers' occupational health and safety must in all cases remain the priority for all economic operators and public authorities. in exceptional circumstances , following such an assessment , the commission may address an implementing act to the economic operator concerned , requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. the commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the single market. workers affected by such decision whose job would change should be consulted , supported and trained as well as entitled to compensation , including financial ones.


### 3. where the economic operator to which the decision referred to in paragraph 2 is addressed accepts the requirement to accept and prioritise the orders specified in the decision , that obligation shall take precedence over any performance obligation under private or public law. ### 3. where the economic operator to which the decision referred to in paragraph 2 is addressed accepts the requirement to accept and prioritise the orders specified in the decision , that obligation shall take precedence over any performance obligation under private or public law. accepting priority orders shall not in any circumstances be used to undermine or circumvent workers' rights or working conditions.


### (11) furthermore , in cases where the disruptions might affect the conformity assessment bodies or in cases where the testing capacities for such crisis-relevant products would not be sufficient , it is appropriate to provide for the possibility for the national competent authorities to exceptionally and temporarily authorise the placing on the market of products , which have not undergone the usual conformity assessment procedures required by the respective eu sectoral legislation. ### (11) furthermore , in cases where the disruptions might affect the conformity assessment bodies or in cases where the testing capacities for such crisis-relevant products would not be sufficient , it is appropriate to provide for the possibility for the national competent authorities to exceptionally and temporarily authorise the placing on the market of products , which have not undergone the usual conformity assessment procedures required by the respective eu sectoral legislation , provided that this derogatory and exceptional procedure does not affect in any way the health , safety and security of consumers , that it is implemented in full compliance with the relevant european product safety and consumer legislation , and following due consultation of expert groups and relevant stakeholders.


### (12) as regards products falling within the scope of those directives that have been designated as crisis-relevant goods , the national competent authorities should be able , in the context of an ongoing single market emergency , to derogate from the obligation to carry out those conformity assessment procedures laid down in those directives , in those cases where the involvement of a notified body is mandatory and should be able to issue authorisations for those products , provided that they comply with the applicable essential safety requirements. compliance with those substantive requirements may be demonstrated by various means , which may include testing performed by the national authorities of samples provided by the manufacturer having applied for an authorisation. the specific procedures , which were followed to demonstrate the compliance and their results should be clearly described in the authorisation issued by the national competent authority. ### (12) as regards products falling within the scope of those directives that have been designated as crisis-relevant goods , the national competent authorities should be able , in the context of an ongoing single market emergency , to derogate from the obligation to carry out those conformity assessment procedures laid down in those directives , in those cases where the involvement of a notified body is mandatory and should be able to issue authorisations for those products , provided that they comply with the applicable essential safety requirements and that security and safety of consumers and end-users are fully assured. compliance with those substantive requirements may be demonstrated by various means , which may include testing performed by the national authorities of samples provided by the manufacturer having applied for an authorisation. the specific procedures , which were followed to demonstrate the compliance and their results should be clearly described in the authorisation issued by the national competent authority.


### (15) with respect to directive 2006/42/ec , directives 2013/29/eu , 2014/28/eu , 2014/29/eu , 2014/30/eu , 2014/31/eu , 2014/32/eu , 2014/33/eu , 2014/34/eu , 2014/53/eu and 2014/68/eu , the competent national authorities should be able to presume that products manufactured in accordance with national or international standards within the meaning of regulation (eu) no 1025/201256ensuring an equivalent level of protection to that offered by the harmonised european standards comply with the relevant essential health and safety requirements. ### (15) with respect to directive 2006/42/ec , directives 2013/29/eu , 2014/28/eu , 2014/29/eu , 2014/30/eu , 2014/31/eu , 2014/32/eu , 2014/33/eu , 2014/34/eu , 2014/53/eu and 2014/68/eu , the competent national authorities should be able to presume that products manufactured in accordance with national or international standards within the meaning of regulation (eu) no 1025/201256ensuring an equivalent level of protection to that offered by the harmonised european standards comply with the relevant essential health and safety requirements. in these cases , the standards used by manufacturers should be assessed by the national authorities , in consultation with relevant stakeholders , to ensure that they effectively provide for the equivalent level of safety and protection required by the applicable legislation.


### (19) in accordance with its established practice , the commission would systematically consult the relevant sectoral experts in the context of the early preparation of all draft implementing acts laying down common specifications. ### (19) in accordance with its established practice , the commission would systematically consult the relevant sectoral experts , including trade unions and consumers organisations in the context of the early preparation of all draft implementing acts laying down common specifications.


### the manufacturer of equipment subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the equipment concerned complies with all the applicable requirements concerning the noise emission in the environment of this directive and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority. ### the manufacturer of equipment subject to the authorisation procedure referred to in paragraph 1 shall declare that the equipment concerned complies with all the applicable requirements concerning the noise emission in the environment of this directive and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority.


### 5. when a member state considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential health and safety requirements which it aims to cover and which are set out in annex i , it shall inform the commission thereof with a detailed explanation and the commission shall assess that information and , if appropriate , amend or withdraw the implementing act establishing the common specification in question. ### 5. when a member state considers that a common specification referred to in paragraph 1 does not entirely satisfy the essential health and safety requirements which it aims to cover and which are set out in annex i , it shall immediately inform the commission thereof with a detailed explanation and the commission shall immediately take all appropriate measures to bring the common specifications into compliance with the essential health and safety requirements.


### the manufacturer , the importer , the distributor and the user shall also deploy all reasonable measures to ensure that the transportable pressure equipment , which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the member state , which has granted the authorisation. ### the manufacturer , the importer and the distributor shall also deploy all reasonable measures to ensure that the transportable pressure equipment , which has been granted an authorisation pursuant to paragraph 1 does not leave the territory of the member state , which has granted the authorisation.


### (12) as regards products falling within the scope of those regulations that have been designated as crisis-relevant goods , the national competent authorities should be able , in the context of an ongoing single market emergency , to derogate from the obligation to carry out those conformity assessment procedures laid down in those regulations , in those cases where the involvement of a notified body is mandatory and should be able to issue authorisations for those products , provided that they comply with all the applicable essential safety requirements. compliance with those substantive requirements may be demonstrated by various means , which may include testing performed by the national authorities of samples provided by the manufacturer having applied for an authorisation. the specific procedures , which were followed to demonstrate the compliance and their results should be clearly described in the authorisation issued by the national competent authority. ### (12) as regards products falling within the scope of those regulations that have been designated as crisis-relevant goods , the national competent authorities should be able , in the context of an ongoing single market emergency , to derogate from the obligation to carry out those conformity assessment procedures laid down in those regulations , in those cases where the involvement of a notified body is mandatory and should be able to issue authorisations for those products , provided that they comply with all the applicable essential safety requirements and that security and safety of consumers and end-users are fully assured. compliance with those substantive requirements may be demonstrated by various means , which may include testing performed by the national authorities of samples provided by the manufacturer having applied for an authorisation. the specific procedures , which were followed to demonstrate the compliance and their results should be clearly described in the authorisation issued by the national competent authority.


### (15) with respect to regulations (eu) 2016/424 , (eu) 2016/425 , (eu) 2016/426 and , (eu) 2019/1009 , the competent national authorities should be able to presume that products manufactured in accordance with national or international standards within the meaning of regulation (eu) no 1025/201246ensuring an equivalent level of protection to that offered by the harmonised european standards comply with the relevant essential health and safety requirements. ### (15) with respect to regulations (eu) 2016/424 , (eu) 2016/425 , (eu) 2016/426 and , (eu) 2019/1009 , the competent national authorities should be able to presume that products manufactured in accordance with national or international standards within the meaning of regulation (eu) no 1025/201246ensuring an equivalent level of protection to that offered by the harmonised european standards comply with the relevant essential health and safety requirements. in these cases , the standards used by manufacturers should be assessed by the national authorities , in consultation with relevant stakeholders , to ensure that they effectively provide for the equivalent level of safety and protection required by the applicable legislation.


### 4. by way of derogation from article 43a(3) , first subparagraph , unless there is sufficient reason to believe that the subsystems or safety components covered by the common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the subsystems or safety components in compliance with the said common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 4. by way of derogation from article 43a(3) , first subparagraph , the subsystems or safety components in compliance with the said common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to subsystems or safety components covered by the common specifications if there is any risk on consumers health , safety and security.


### 3. by way of derogation from article 43a(3) , first subparagraph , unless there is sufficient reason to believe that the subsystems or safety components covered by the common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the subsystems or safety components in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 3. by way of derogation from article 43a(3) , first subparagraph , the subsystems or safety components in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to subsystems or safety components covered by the common specifications if there is any risk on consumers health , safety and security.


### the manufacturer of a ppe subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the ppe concerned complies with all the applicable essential health and safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority. ### deleted


### 4. by way of derogation from article 41a(3) , first subparagraph , unless there is sufficient reason to believe that the ppe covered by the common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the ppe in compliance with those common specifications which has been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 4. by way of derogation from article 41a(3) , first subparagraph , the ppe in compliance with those common specifications which has been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to ppe covered by the common specifications if there is any risk on persons health , safety and security.


### 3. by way of derogation from article 41a(3) , first subparagraph , unless there is sufficient reason to believe that the ppe covered by the mandatory common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the ppe in compliance with those common specifications which has been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 3. by way of derogation from article 41a(3) , first subparagraph , the ppe in compliance with those common specifications which has been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to ppe covered by the common specifications if there is any risk on persons health , safety and security.


### the manufacturer of an appliance or a fitting subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the appliance or the fitting concerned complies with all the applicable essential requirements set out in annex i and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority. ### deleted


### 4. by way of derogation from article 40a(3) , first subparagraph , unless there is sufficient reason to believe that the appliances or fittings covered by the common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the appliances or fittings in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 4. by way of derogation from article 40a(3) , first subparagraph , the appliances or fittings in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to appliances or fittings covered by the common specifications if there is any risk on persons health , safety and security.


### 3. by way of derogation from article 40a(3) , first subparagraph , unless there is sufficient reason to believe that the appliances or fittings covered by the common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the appliances or fittings in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 3. by way of derogation from article 40a(3) , first subparagraph , the appliances or fittings in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to appliances or fittings covered by the common specifications if there is any risk on persons health , safety and security.


### the manufacturer of a fertilising product subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the fertilising product concerned complies with the requirements set out in annexes i and ii and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority. ### deleted


### 4. by way of derogation from article 41a(3) , first subparagraph , unless there is sufficient reason to believe that the fertilising products covered by the common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the fertilising products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 4. by way of derogation from article 41a(3) , first subparagraph , the fertilising products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to fertilising products covered by the common specifications if there is any risk on persons health , safety and security.


### 3. by way of derogation from article 41a(3) , first subparagraph , unless there is sufficient reason to believe that the eu fertilising products covered by the mandatory common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the fertilising products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 3. by way of derogation from article 41a(3) , first subparagraph , the fertilising products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to fertilising products covered by the common specifications if there is any risk on persons health , safety and security.


### the manufacturer of a construction product subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the construction product concerned achieves the declared performance and shall be responsible for the fulfilment of all the procedures for the assessment and verification of constancy of performance indicated by the national competent authority. ### deleted


### 4. by way of derogation from article 59a(3) , first subparagraph , declaration of performance in compliance with the common specifications referred to in paragraph 1 of this article regarding construction products which have been placed on the market shall not be affected by the subsequent expiry or repeal of the implementing act , which has laid down those common specifications , unless there is sufficient reason to believe that construction products covered by those common specifications present a risk or do not achieve the declared performance. ### 4. by way of derogation from article 59a(3) , first subparagraph , declaration of performance in compliance with the common specifications referred to in paragraph 1 of this article regarding construction products which have been placed on the market shall not be affected by the subsequent expiry or repeal of the implementing act , which has laid down those common specifications. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to construction products covered by the common specifications if there is any risk on persons health , safety and security.


### 3. by way of derogation from article 59a(3) , first subparagraph , unless there is sufficient reason to believe that the construction products covered by the mandatory common specifications referred to in paragraph 1 of this article present a risk to the health or safety of persons , the construction products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. ### 3. by way of derogation from article 59a(3) , first subparagraph , the construction products in compliance with those common specifications which have been placed on the market shall be deemed compliant with this regulation after the expiry or repeal of an implementing act adopted pursuant to paragraph 2 of this article and after the expiry or deactivation of the single market emergency mode in accordance with [the smei regulation]. this paragraph shall be applied taken due account of a precautionary principle regarding the health and safety of persons. therefore , this derogation shall not apply to construction products covered by the common specifications if there is any risk on persons health , safety and security.


### a. whereas the functioning of the internal market is greatly facilitated by the market’s adoption and use of standards; whereas the adoption of european standards simplifies compliance for market participants and national authorities , replacing as many as 34 national standards with one european standard; ### a. whereas european standards , replacing as many as 34 potentially conflicting national standards , facilitate market access for those that use them and contribute to strengthening the single market;


### b. whereas the european standardisation system is based on an inclusive , consensus-based , market-driven approach , ensuring that the standards that are developed not only respond to industry needs but also support the interests of wider society; ### b. whereas the european standardisation system is based on an inclusive , consensus-based , market-driven approach , ensuring that the standards that are developed not only respond to industry needs but also support the interests of wider society including the ones of consumer representatives , civil society on environment and social rights , trade unions and smes.


### b. whereas the european standardisation system is based on an inclusive , consensus-based , market-driven approach , ensuring that the standards that are developed not only respond to industry needs but also support the interests of wider society; ### b. whereas the european standardisation system , based on consensus-based , that follows a market-driven approach , should aim at ensuring the inclusiveness of the process to that the standards that are developed not only respond to industry needs but also fulfill sustainability requirements and support the interests of wider society;


### 1. welcomes the adoption of the standardisation strategy , which sets out five main areas for action for the commission; considers that the classification of priority areas for action closely aligns with the weaknesses of the current system identified during the stakeholder consultation; notes also the adoption of , and progress on , the 2022 annual work programme on standardisation; ### 1. welcomes the adoption of the standardisation strategy , which sets out five main areas for action for the commission; considers that the classification of priority areas for action closely aligns with the weaknesses of the current system identified during the stakeholder consultation; stresses , however , the insufficient focus of the strategy on the uptake and implementation of standards , especially among smes; notes also the adoption of , and progress on , the 2022 annual work programme on standardisation;


### 2. considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market; recalls that standards are a voluntary , market-driven tool providing technical requirements and guidance , the use of which facilitates the compliance of goods and services with european legislation and supports the development of european policies in an accountable , transparent and inclusive way; stresses , however , that standards cannot be seen as eu law , since legislation and policies regarding the level of consumer , health , safety , environmental and data protection , and the level of social inclusion , are determined by the legislator; ### 2. considers that the fundamental qualities of the standardisation system remain relevant and effective for the proper functioning of the internal market; recalls that standards should not shift regulatory power to private actors as they are a voluntary , market-driven non-legally binding tool providing technical requirements and guidance; harmonised standards provide manufacturers and service providers with a presumption of conformity with the requirements of union legislation , and can help the implementation of european policies; stresses , however , that standards cannot be used to address socio political issues , and in particular working conditions , health , safety at work , data protection , and workers’ protection and trade unions rights , as well as all issues falling under the competence of the legislator and/or social partners;


### 4. supports the launch of the high-level forum for standardisation and the desire to broaden the range of voices heard when identifying standardisation needs , planning future activities and coordinating approaches in standardisation bodies; underlines that this expert group should include a diverse range of stakeholders , without losing sight of the bottom-up , market-driven nature of standardisation activities; ### 4. supports the launch of the high-level forum for standardisation and the desire to broaden the range of voices heard when identifying standardisation needs including the needs of smes and civil society stakeholders , planning future activities and coordinating approaches in standardisation bodies; encourages the commission to give preference , particularly in the operational body known as "sherpa" , to the selection of candidates from the member states in order to ensure that the interests of the union are defended as a priority; underlines that this expert group should include a diverse range of stakeholders , without losing sight of the bottom-up nature of standardisation activities;


### 7. believes that the commission should establish a clear set of key performance indicators on the aspects of standardisation within its remit; ### 7. believes that the commission should establish a clear set of key performance indicators on the aspects of standardisation within its remit; including precise targets on civil society participation;


### 9. notes that the commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standards is necessary for the proper functioning of the internal market , in particular in the case of harmonised standards; ### 9. notes that the commission wishes to accelerate the steps involved in developing standards; considers that the timely preparation of standards is necessary for the proper functioning of the internal market; however , consensus building , inclusiveness and the proper verification that standards satisfy eu legal requirements , in particular in the case of harmonised standards , should prevail over speed;


### 10. believes that delays in the standardisation processes stem from various causes; considers that the commission may wish to reconsider its approach following the james elliot3 case and avoid the use of overly prescriptive requirements in relation to standardisation requests , which reduce the capacity of experts to propose appropriate solutions to meet the needs of a standard and narrow the scope for future-proofing standards; ### deleted


### 11. stresses that there may be inherent limits to speeding up the standardisation process , as the preparation of standards , citation of harmonised standards and industry implementation of those standards all add time before market adoption; recognises that it may be easier to accelerate administrative tasks , such as citation in the official journal , but that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders , including national authorities; encourages the commission , in conjunction with improvements to its own internal processes , to continue working with the esos on ways of achieving timely delivery , including consideration of the most suitable standardisation deliverable depending on the need; ### 11. stresses that there may be inherent limits to speeding up the standardisation process , as the preparation of standards , citation of harmonised standards and industry implementation of those standards all add time before market adoption; calls for stable , clear criteria for the assessment of harmonised standards , commonly understood by all stakeholders; recognises that it may be easier to accelerate administrative tasks , such as citation in the official journal , but that the unduly rushed preparation or deployment of standards creates challenges for all stakeholders , including national authorities; encourages the commission , in conjunction with improvements to its own internal processes , to continue working with the esos on ways of achieving timely delivery , including consideration of the most suitable standardisation deliverable depending on the need;


### 12. considers that an evaluation of regulation (eu) 1025/2012 may identify areas where reform is needed beyond the targeted amendment already introduced by the commission; considers that the role , participation and input of relevant stakeholders , including those representing , inter alia , smes and environmental , social and consumer interests , should be evaluated and strengthened where such reforms may be beneficial and complementary to work envisaged by the esos following the commission’s call for them to present proposals to reform their own internal governance; ### 12. considers that an evaluation of regulation (eu) 1025/2012 may identify areas where reform is needed beyond the targeted amendment already introduced by the commission; considers that the role , participation and input of relevant stakeholders , including those representing , inter alia , smes and environmental , social and consumer interests , should be evaluated and strengthened following the commission’s call for the eso's to present proposals to reform their own internal governance , by;


### 12. considers that an evaluation of regulation (eu) 1025/2012 may identify areas where reform is needed beyond the targeted amendment already introduced by the commission; considers that the role , participation and input of relevant stakeholders , including those representing , inter alia , smes and environmental , social and consumer interests , should be evaluated and strengthened where such reforms may be beneficial and complementary to work envisaged by the esos following the commission’s call for them to present proposals to reform their own internal governance; ### 12. considers that an evaluation of regulation (eu) 1025/2012 may identify areas where reform is needed beyond the targeted amendment already introduced by the commission; considers that there should be a balance in representation between commercial and non-commercial interests when determining standards , as well as a balance between sme's and large corporations within the commercial interests; considers the role , participation and input of societal , environmental and consumer interests , in particular trade unions , should be evaluated and strengthened where such reforms may be beneficial and complementary to work envisaged by the esos following the commission’s call for them to present proposals to reform their own internal governance;


### 13. welcomes the focus on national-level involvement of wider stakeholders in standardisation activities; notes that not all organisations listed in annex iii have national counterparts in the member states; considers that the commission may direct funding or technical support to those organisations to ensure participation in national standardisation activities , including not only technical work on standards , but also the preparation of positions vis-à-vis standardisation requests at the european and international levels , thereby reinforcing the inclusivity of the process as a whole; ### 13. welcomes the focus on national-level involvement of wider stakeholders in standardisation activities; notes that not all organisations listed in annex iii have national counterparts in the member states; stresses the diversity of practices in defining membership conditions , including participation fees , by national standardisation bodies in europe; considers that the commission may direct funding or technical support to those organisations to ensure participation in national standardisation activities , including not only technical work on standards , but also the preparation of positions vis-à-vis standardisation requests at the european level , thereby reinforcing the inclusivity of the process as a whole; considers that for the organisations listed in annex iii , the threshold of the number of mandates by national organisations in member states may be lowered from two thirds to majority to account for a more diverse participation of sme's , consumer organisations , environmental and social interests in the standardisation process at european level; considers that for organisations listed in annex iii , participation fees for participating in national standardisation bodies may be mandated to be reduced or removed;


### 14. recognises the need for a consistent approach towards technical or common specifications , in particular as different legislative processes may give rise to divergent provisions; considers , therefore , that this mechanism should only be used in exceptional circumstances and only while relevant standards do not exist; expresses concern about technical specifications concerning , among other things , respect for fundamental rights , where recourse to implementing acts affects the co-legislators’ powers of scrutiny; ### 14. recognises the need for a consistent approach towards technical or common specifications , in particular as different legislative processes may give rise to divergent provisions; considers , therefore , that this mechanism should only be used in exceptional circumstances and only while relevant standards do not exist; expresses concern about technical specifications concerning , among other things , respect for fundamental rights , where recourse to implementing acts affects the co-legislators’ powers of scrutiny; stresses that common specifications and european standards as technical documents shall not address fundamental rights;


### 16. believes that it is essential to improve european coordination and engagement at international level in relation to standardisation , while respecting the right of national delegations to reach their own decisions in international forums; considers , nevertheless , that where similar viewpoints exist , and are also shared with third-country partners , european policy leadership on standards development can act as a multiplier for european industrial leadership; ### 16. recognises the strategic use of international standards to promote global leadership and the need for europe to ensure its competitiveness , security and strategic autonomy; believes that it is essential to improve european coordination and engagement at international level in relation to standardisation , while respecting the right of national delegations to reach their own decisions in international forums; considers , nevertheless , that where similar viewpoints exist , and are also shared with third-country partners , european policy leadership on standards development can act as a multiplier for european industrial leadership;


### 20. reiterates its call for greater collaboration among eu institutions , national governments and esos in order to develop training guidelines for policymakers and to create a standardisation culture; ### 20. reiterates its call for greater collaboration among eu institutions , national governments , civil society and esos in order to develop training guidelines for policymakers and to create a standardisation culture; encourages the european commission to improve transparency requirements in the field of standardisation in general and to ensure a swift implementation of the regulation (eu) no 1025/2012 as regards the decisions of european standardisation organisations concerning european standards and european standardisation deliverables.


### 2. the eu centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between coordinating authorities , the commission , the eu centre , other relevant union agencies and providers of relevant information society services. ### 2. the eu centre shall establish and maintain one or more reliable and secure information sharing systems supporting communications between coordinating authorities , hotlines , the commission , the eu centre , other relevant union agencies and providers of relevant information society services.


### 3. the coordinating authorities , the commission , the eu centre , other relevant union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this regulation. ### 3. the coordinating authorities , hotlines , the commission , the eu centre , other relevant union agencies and providers of relevant information society services shall use the information-sharing systems referred to in paragraph 2 for all relevant communications pursuant to this regulation.


### proposal for a regulation of the european parliament and of the council laying down rules to prevent and combat child sexual abuse (text with eea relevance) ### rejects the commission proposal


### (17) to allow for innovation and ensure proportionality and technological neutrality , no exhaustive list of the compulsory mitigation measures should be established. instead , providers should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used. in particular , providers are free to design and implement , in accordance with union law , measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this regulation , if deemed necessary by the competent national authority. ### (17) to allow for innovation and ensure proportionality and technological neutrality , no exhaustive list of the compulsory mitigation measures should be established. instead , providers should be left a degree of flexibility to design and implement measures tailored to the risk identified and the characteristics of the services they provide and the manners in which those services are used , taking into acount the autonomy and rights of children and apapt their design , features and functions of services accordingly. in particular , providers are free to design and implement , in accordance with union law , measures based on their existing practices to detect online child sexual abuse in their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this regulation , if deemed necessary by the competent national authority.


### 1. providers of hosting services and providers of interpersonal communications services shall identify , analyse and assess , for each such service that they offer , the risk of use of the service for the purpose of online child sexual abuse. ### 1. providers of hosting services and providers of number-independent interpersonal communications services shall identify , analyse and assess , for each such service that they offer , the risk of use of the service for the purpose of online child sexual abuse. this risk assessment shall be specific to their services and proportionate to the risks , taking into consideration their severity and probability and in full respect to the fundamental rights enshrined in the charter.


### — functionalities enabling age verification; ### — functionalities preventing online child sexual abuse;


### 6. the commission , in cooperation with coordinating authorities and the eu centre and after having conducted a public consultation , may issue guidelines on the application of paragraphs 1 to 5 , having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used. ### 6. the commission , in cooperation with coordinating authorities , the eu centre and the european data protection board and after having conducted a public consultation , may issue guidelines on the application of paragraphs 1 to 5 , having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.


### 3. providers of interpersonal communications services that have identified , pursuant to the risk assessment conducted or updated in accordance with article 3 , a risk of use of their services for the purpose of the solicitation of children , shall take the necessary age verification and age assessment measures to reliably identify child users on their services , enabling them to take the mitigation measures. ### 3. providers of number-independant interpersonal communications services that have identified , pursuant to the risk assessment conducted or updated in accordance with article 3 , a risk of use of their services for the purpose of the solicitation of children , shall take the necessary assessment measures to reliably enable them to take the mitigation measures.


### article 6 ### deleted


### 1. the coordinating authority of establishment shall have the power to request the competent judicial authority of the member state that designated it or another independent administrative authority of that member state to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that member state to take the measures specified in article 10 to detect online child sexual abuse on a specific service. ### 1. the coordinating authority of establishment shall have the power , as a last resort , when all the measures in article 3 , 4 and 5 have been exhausted , to request the competent independent judicial authority of the member state that designated it or another independent administrative authority of that member state to issue , for a limited time and for the sole purpose of detecting known child sexual abuse material , a detection order requiring a provider of hosting services or a provider of number-independent interpersonal communications services under the jurisdiction of that member state to take the measures specified in article 10 to detect known child sexual abuse on a specific service and relating to specific users or groups of users. the detection order shall be directed to the providers of hosting services and number-independent interpersonal communications services that can reasonably be expected to have the technical and operational ability to act.


### draft an implementation plan setting out the measures it envisages taking to execute the intended detection order , including detailed information regarding the envisaged technologies and safeguards; ### draft an implementation plan setting out the measures it envisages taking to execute the intended detection order , including detailed information regarding the envisaged technologies and safeguards and their negative impacts on the rights of all parties involved , including the users of the service;


### the coordinating authority of establishment when requesting the issuance of detection orders , and the competent judicial or independent administrative authority when issuing the detection order , shall target and specify it in such a manner that the negative consequences referred to in paragraph 4 , first subparagraph , point (b) , remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. ### the coordinating authority of establishment when requesting the issuance of detection orders , and the competent judicial or independent administrative authority when issuing the detection order , shall target and specify it in such a manner that the negative consequences referred to in paragraph 4 , first subparagraph , point (b) , remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. to the greatest extent possible , the detection order should be targeted against users who can be reasonably suspected of distributing child sexual abuse material.


### 4. members of the management board and their alternates shall be appointed in the light of their knowledge in the field of combating child sexual abuse , taking into account relevant managerial , administrative and budgetary skills. member states shall appoint a representative of their coordinating authority , within four months of [date of entry into force of this regulation]. all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of its work. all parties shall aim to achieve a balanced representation between men and women on the management board. ### 4. members of the management board and their alternates shall be appointed in the light of their knowledge in the field of combating child sexual abuse , taking into account relevant managerial , administrative and budgetary skills. member states shall appoint a representative of their coordinating authority , within four months of [date of entry into force of this regulation]. all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of its work. all parties should ensure gender balance on the management board.


### 2. the executive director shall be appointed by the executive board , from a list of candidates proposed by the commission , following an open and transparent selection procedure. ### 2. the executive director shall be appointed by the management board , from a list of candidates proposed by the commission and having obtained the consent of the european parliament , following an open and transparent selection procedure. the commission shall ensure gender balance when drawing up the list of candidates.


### (3) within the framework of the internal market , in order to safeguard freedom of choice , a high degree of consumer protection in the area of financial services contracts concluded at a distance is required in order to enhance consumer confidence in distance selling. ### (3) within the framework of the internal market , in order to safeguard freedom of choice , a high degree of consumer protection in the area of financial services contracts concluded at a distance and off-premises is required in order to enhance consumer confidence in distance selling and off-premises sales.


### (4) ensuring the same high level of consumer protection across the internal market is best achieved through full harmonisation. full harmonisation is necessary in order to ensure that all consumers in the union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. member states should therefore not be allowed to maintain or introduce national provisions other than those laid down in this directive , with respect to aspects covered by the directive , unless otherwise provided in this directive. where no such harmonised provisions exist , member states should remain free to maintain or introduce national legislation. ### (4) ensuring a high level of consumer protection across the internal market is best achieved through minimum harmonisation. minimum harmonisation ensures that all consumers in the union enjoy a high level of protection of their interests and creates a well-functioning internal market , while at the same time member states can maintain or introduce national provisions other than those laid down in this directive , with respect to aspects covered by the directive , unless otherwise provided in this directive.


### (12) since distance financial services contracts are most commonly concluded by electronic means , rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in article 114 tfeu and article 38 of the charter of the fundamental rights of the eu. the rule on adequate explanations should ensure added transparency and provide the consumer with the possibility to request human intervention when he or she interacts with the trader through online interfaces , such as a chatbox or similar tools. the trader should be prohibited to deploy measures in his or her online interface that could distort or impair the consumers’ ability to make a free , autonomous and informed decision or choice. ### (12) since distance financial services contracts are most commonly concluded by electronic means , rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in article 114 tfeu and article 38 of the charter of the fundamental rights of the eu. the rule on adequate explanations should ensure added transparency and provide the consumer with the possibility to request human intervention when he or she interacts with the trader through online interfaces , such as a chatbox or similar tools. the trader should be prohibited to deploy measures in his or her online interface that could deceive , distort , manipulate or impair the consumers’ ability to make a free , autonomous and informed decision or choice.


### (17) the use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. in the interests of transparency , requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. in order to be able to make their decisions in full knowledge of the facts , consumers should receive the information at least one day prior to the conclusion of the distance contract. only in exceptional cases can the information be provided less than a day before the conclusion of the distance contract for financial service. in case the contract is concluded less than one day before , the trader , within the established timeframe , should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service. ### (17) the use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. in the interests of transparency , requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. in order to be able to make their decisions in full knowledge of the facts , consumers should receive the information not at the same time and at least one day prior to the conclusion of the distance contract , ensuring that the consumer has sufficient time to read and understand the pre-contractual information , compare offers and to make an informed decision. only in exceptional cases can the information be provided less than a day before the conclusion of the distance contract for financial service. in case the contract is concluded less than one day before , the trader , within the established timeframe , should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.


### ‘articles 1 and 2 , article 3(2) , (5) and (6) , article 4 , articles 16a to 16e , article 19 , articles 21 to 23 , article 24(1) , (2) , (3) and (4) and articles 25 and 26 shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services. ### ‘articles 1 and 2 , article 3(2) , (5) and (6) , article 4 , articles 16a to 16e , article 19 , articles 21 to 23 , article 24(1) , (2) , (3) and (4) and articles 25 to 27 shall apply to distance contracts and off-premises contracts concluded between a trader and a consumer for the supply of financial services.


### in the case of telephone communications , the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer. ### deleted


### where the consumer explicitly agrees to continue the telephone communications , by way of derogation from paragraph 1 , only the information referred to in points (a) , (f) , (g) , and (p) of that paragraph needs to be provided. ### deleted


### the trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide that information when fulfilling obligations under paragraph 3. ### deleted


### without prejudice to directive 2005/29/ec of the european parliament and of the council24 and council directive 93/13/eec25 , member states shall adopt measures requiring that traders , when concluding financial services contracts at a distance , do not use the structure , design , function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free , autonomous and informed decision or choice. ### without prejudice to directive 2005/29/ec of the european parliament and of the council24 and council directive 93/13/eec25 , member states shall adopt measures requiring that traders , when concluding financial services contracts at a distance , do not use the structure , design , function or manner of operation of their online interface in a way that could deceive , distort , manipulate or impair consumers’ ability to make a free , autonomous and informed decision or choice.


### a. whereas digital technologies in general and artificial intelligence (ai) in particular bring with them extraordinary promise; whereas ai is one of the strategic technologies of the 21st century , generating substantial benefits in efficiency , accuracy , and convenience , and thus bringing positive change to the european economy; whereas ai should not be seen as an end in itself , but as a tool for serving people , with the ultimate aim of increasing human well-being; ### a. whereas digital technologies in general and artificial intelligence (ai) in particular bring with them extraordinary promise , but unfortunately there is growing evidence of a sharp divide between promises and practices; whereas ai is one of the strategic technologies of the 21st century , potentially generating substantial benefits in efficiency , accuracy , and convenience , and thus bringing positive change to the society , but also enormous risks for fundamental rights and democracies based on the rule of law; whereas ai should not be seen as an end in itself , but as a tool for serving people , with the ultimate aim of increasing human well-being;


### a. whereas the right to fair trial is a fundamental right which also applies to enforcement of the law; ### a. whereas the right to fair trial is a fundamental right , the safeguarding of which rules out , at all stages of the procedure , the taking of measures , including technical measures , whose direct or indirect consequence is to deprive the rights of the defence of their substance , and whereas the guarantees attaching to this principle , in particular those of an 'independent court' , 'equality before the law' and the presumption of innocence , are more stringent in the area of the criminal law;


### 1. emphasises the importance of considering the ethical and operational implications of the use of ai and related technologies within criminal justice systems; ### 1. emphasises that the ethical and operational implications of the use of ai and related technologies within criminal justice systems must be the subject of the most rigorous possible prior assessment , that overly hasty moves to employ them in police and judicial investigations , adversarial debates between parties or the pronouncement of verdicts would pose unjustified risks as regards the protection of individual freedoms and the related principle of individual responsibility , and that in that connection no member state should accept the introduction and certification of 'predictive justice' procedures , the results of which , in particular as regards discriminatory bias , have proved disastrous wherever such procedures have been tested;


### 2. reaffirms that all ai solutions for law enforcement and the judiciary also need to fully respect the principles of non-discrimination , freedom of movement , the presumption of innocence and right of defence , freedom of expression and information , freedom of assembly and of association , equality before the law , and the right to an effective remedy and a fair trial; ### 2. reaffirms that all ai solutions for law enforcement and the judiciary also need to fully respect the principles of non-discrimination , freedom of movement , the presumption of innocence and right of defence , including the right to silence , freedom of expression and information , freedom of assembly and of association , equality before the law , and the right to an effective remedy and a fair trial; stresses that any use of ai must be prohibited when evidently incompatible with fundamental rights;


### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability; ### deleted


### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a strict necessity and proportionality test; ### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a strict necessity and proportionality test; urges the eu and national legislators to take into great consideration the five principles of the ‘ethical charter on the use of artificial intelligence in judicial systems and their environment’ adopted by the european commission for the efficiency of justice (cepej) of the council of europe , and to pay particular attention to the ‘uses to be considered with the most extreme reservation’ , identified by cepej;


### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these; ### 3. welcomes the announcement by ibm , on 8 june 2020 , of the halting of the company's programme to develop facial recognition technology , in response to evidence that the technology displays bias linked to age , gender and face colour; calls on all stakeholders to note the scale of the dysfunctions affecting these systems , independent studies having shown that more than 90% of the errors concerned non-white persons and that some groups were 100 times more likely to be the subject of authentication errors than others; calls , therefore , for an immediate moratorium on the use of facial recognition technologies throughout the union;


### 4. highlights the importance of preventing mass surveillance by means of ai technologies , and of banning applications that would result in it; ### 4. highlights the importance of preventing mass surveillance by means of ai technologies , and of banning applications that would result in it; reminds that individuals not only have the right to be correctly identified , but they also have the right not to be identified at all , unless it is required by law for compelling and legitimate public interests;


### 4. considers it necessary to clarify whether law enforcement decisions can be delegated to ai and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs. ### 4. takes the view that delegating to ai decisions on the application of laws should be banned.


### b. whereas the development of ai must respect the values on which the union is founded , in particular human dignity , freedom , democracy , equality , the rule of law , and human and fundamental rights; ### b. whereas the development of ai must respect eu law , as well as the values on which the union is founded , in particular human dignity , freedom , democracy , equality , the rule of law , and human and fundamental rights;


### b. whereas technologies such as artificial intelligence (ai) and related technologies will contribute to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the operation of criminal justice systems; ### b. whereas in the long term technologies such as artificial intelligence (ai) and related technologies could provide human decision-making , whose primacy must always be maintained , with assistance conducive to the reducing of crime rates , the study of statistical data in crime analysis and prevention , and the operation of criminal justice systems;


### c. whereas trustworthy ai systems need to be accountable , designed for all (including consideration of vulnerable , marginalised populations in their design) , be non-discriminatory , safe and transparent , and respect human autonomy and fundamental rights; ### c. whereas trustworthy ai systems need to be accountable , designed for the protection and benefit of all (including consideration of vulnerable , marginalised populations in their design) , be non-discriminatory , safe and transparent , and respect human autonomy and fundamental rights;


### d. whereas the union together with the member states bear a critical responsibility for ensuring that policy choices surrounding the development , deployment and use of ai applications in the field of the judiciary and law enforcement are made in a transparent manner , respect the principles of necessity and proportionality , and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the union; ### d. whereas the union together with the member states bear a critical responsibility for ensuring that policy choices surrounding the development , deployment and use of ai applications in the field of the judiciary and law enforcement are made in a transparent manner , respect the principles of necessity and proportionality , and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the union and reflect the societies` expectation in a constitutional , fair , and humane criminal justice system;


### e. whereas ai applications offer great opportunities in the field of law enforcement , in particular in improving the working methods of law enforcement agencies and judicial authorities , and combating certain types of crime more efficiently , in particular financial crime , money laundering and terrorist financing , as well as certain types of cybercrime; ### e. whereas ai applications offer some opportunities in the field of law enforcement , in particular in improving the working methods of law enforcement agencies and judicial authorities in the field of financial crime , money laundering and terrorist financing , as well as certain types of cybercrime;


### f. whereas a clear model for assigning legal responsibility for the potential harmful effects of ai systems in the field of criminal law is imperative; ### f. whereas a clear model for assigning legal responsibility for the potential harmful effects of ai systems in the field of criminal law is imperative; whereas regulatory provisions in this field should always maintain human accountability;