### (47) personal data collected directly from individuals , or indirectly such as inferred data , when grouping individuals according to their assumed interests or derived through their online activity , behavioural profiling and other analysis techniques , is increasingly used to target political messages to groups or individual voters or individuals , and to amplify their impact. on the basis of the processing of personal data , in particular data considered sensitive under regulation (eu) 2016/679 of the european parliament and of the council11 and regulation (eu) 2018/1725 of the european parliament and of the council12 , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. that has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information , to form their opinion , to make political decisions and exercise their voting rights. this negatively impacts the democratic process. additional restrictions and conditions compared to regulation (eu) 2016/679 and regulation (eu) 2018/1725 should be provided. the conditions set out in this regulation on the use of targeting and amplification techniques involving the processing of personal data in the context of political advertising should be based on article 16 tfeu. ### (47) personal data collected directly from individuals , or indirectly such as inferred data , when grouping individuals according to their assumed interests or derived through their online activity , behavioural profiling and other analysis techniques , is increasingly used to target political messages to groups or individual voters or individuals , and to amplify their impact. on the basis of the processing of personal data , different groups of voters or individuals can be segmented and their characteristics or vulnerabilities exploited for instance by disseminating the advertisements at specific moments and in specific places designed to take advantage of the instances where they would be sensitive to a certain kind of information/message. that has specific and detrimental effects on citizens’ fundamental rights and freedoms with regard to the processing of their personal data and their freedom to receive objective information , be treated fairly and equally , not to be manipulated , to form their opinion , to make political decisions and exercise their voting rights. this furthermore negatively impacts the democratic process as it enables a fragmentation of the public debate about important societal issues , predatory voter analysis , selective outreach and , ultimately , the manipulation of the electorate. it also enables the spreading of disinformation , notably via foreign interference in the electoral process. misleading or obscure advertising for political purposes should be considered as a special class of high-risk threat because it influences the core mechanisms that enable the functioning of our democratic society despite strict conditions already in place with regard to the processing of personal data , including for targeting and amplification of political ads , as set out in regulation (eu) 2016/679 and regulation (eu) 2018/1725. the existing avenues under regulation (eu)2016/679 for lawful tailoring and addressing advertising to individuals are subject to systemic abuse , especially with regard to collecting the free and informed consent of individuals , and there is no easy way out which would enable even a basic level of targeting individuals while adequately protecting the rights and interest mentioned above. the systematic use of dark patterns , unclear consent agreements , misleading information , and insufficient time to read terms and conditions are common practices that prevent people from having clear information and control in the context of the surveillance-based online advertising industry. additional limitations should therefore be provided in the form of a prohibition on the processing of personal data for targeting and amplification of political advertising based on article 16 tfeu. such limitations are proportionate in light of the fact that sponsors have access to other avenues for their political advertising , notably through contextual targeting online and through alternative media. such limitations do not outweigh the protection of the rights and interests of individuals , of the democratic debate and of the political process , and prevent the latter from distortion by powerful financial groups. in order to improve the understanding of citizens about these risks , measures meant to increase literacy about political advertising and about the processing of personal data in that aim should be strongly encouraged.


### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 should therefore be prohibited. the use of such techniques should only be allowed when carried out by the controller , or someone acting on its behalf , on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation , association or any other not-for-profit body with a political , philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. this should be accompanied by specific safeguards. consent should be understood as consent within the meaning of regulation (eu) 2016/679 and regulation (eu) 2018/1725. therefore , it should not be possible to rely on the exceptions as laid down in article 9(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2016/679 and article 10(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2018/1725 respectively for using techniques targeting and amplification techniques to publish , promote or disseminate political advertising involving the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and 10(1) of regulation (eu) 2018/725. ### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 is a high risk activity and should therefore be prohibited , but the use of targeting techniques should still be allowed where no processing of personal data is involved , such as with contextual forms of advertising. this regulation should therefore not prevent publishers , especially online platforms , from determining the recipients to whom advertisements are displayed on the basis of contextual information. the publication accessed by the recipient and the specific content retrieved allows for placing advertisements that are relevant to the target group of the publication and the specific content , such as by their language or location. this sufficiently allows for targeting without requiring the processing of personal data of the specific users. the use of the contextual information referred to should only be permissible if it does not allow for the identification or signaling out of one or more natural persons.


### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 should therefore be prohibited. the use of such techniques should only be allowed when carried out by the controller , or someone acting on its behalf , on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation , association or any other not-for-profit body with a political , philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. this should be accompanied by specific safeguards. consent should be understood as consent within the meaning of regulation (eu) 2016/679 and regulation (eu) 2018/1725. therefore , it should not be possible to rely on the exceptions as laid down in article 9(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2016/679 and article 10(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2018/1725 respectively for using techniques targeting and amplification techniques to publish , promote or disseminate political advertising involving the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and 10(1) of regulation (eu) 2018/725. ### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 is a high risk activity and should therefore be prohibited , but the use of targeting techniques should still be allowed where no processing of personal data is involved , such as with contextual forms of advertising. this regulation should therefore not prevent publishers , especially online platforms , from determining the recipients to whom advertisements are displayed on the basis of contextual information. the publication accessed by the recipient and the specific content retrieved allows for placing advertisements that are relevant to the target group of the publication and the specific content , such as by their language or location. this sufficiently allows for targeting without requiring the processing of personal data of the specific users. the use of the contextual information referred to should only be permissible if it does no tallow for the identification or signaling out of one or more natural persons.


### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 should therefore be prohibited. the use of such techniques should only be allowed when carried out by the controller , or someone acting on its behalf , on the basis of the explicit consent of the data subject or in the course of their legitimate activities with appropriate safeguards by a foundation , association or any other not-for-profit body with a political , philosophical or religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects. this should be accompanied by specific safeguards. consent should be understood as consent within the meaning of regulation (eu) 2016/679 and regulation (eu) 2018/1725. therefore , it should not be possible to rely on the exceptions as laid down in article 9(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2016/679 and article 10(2) , points(b) , (c) , (e) , (f) , (g) , (h) , (i) and (j) of regulation (eu) 2018/1725 respectively for using techniques targeting and amplification techniques to publish , promote or disseminate political advertising involving the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and 10(1) of regulation (eu) 2018/725. ### (48) targeting and amplification techniques in the context of political advertising involving the processing of data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 is a high risk activity and should therefore be prohibited , but the use of targeting techniques should still be allowed where no processing of personal data is involved , such as with contextual forms of advertising. this regulation should therefore not prevent publishers , especially online platforms , from determining the recipients to whom advertisements are displayed on the basis of contextual information. the publication accessed by the recipient and the specific content retrieved allows for placing advertisements that are relevant to the target group of the publication and the specific content , such as by their language or location. this sufficiently allows for targeting without requiring the processing of personal data of the specific users. the use of the contextual information referred to should only be permissible if it does not allow for the identification or signalling out of one or more natural persons.


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


### (50) political advertising publishers making use of targeting or amplification techniques should include in their transparency notice information necessary to allow the concerned individual to understand the logic involved and main parameters of the technique used , and the use of third-party data and additional analytical techniques used and a link to the relevant policy of the controller. in case the controller is different from the advertising publisher the controller should transmit to political advertising publisher the internal policy or a reference to it. providers of advertising services should , as necessary , transmit to the political advertising publisher the information necessary to comply with their obligations under this regulation. the provision of such information could be automated and integrated in the ordinary business processes on the basis of standards. ### deleted


### (51) in order to further empower individuals to exercise their data protection rights , political advertising publishers should provide additional information and effective tools to the concerned data subject to support the exercise of their rights under the eu data protection legal framework including to object or withdraw their consent when targeted with a political advertisement. this information should also be easily accessible directly from the transparency notice. the tools made available to the individuals to support the exercise of their rights should be effective to prevent an individual from being targeted with political advertisements , as well as to prevent targeting on the basis of specific criteria and by one or several specific controllers. ### deleted


### (52) the commission should encourage the drawing up of codes of conduct as referred to in article 40 of regulation (eu) 2016/679 to support the exercise of data subjects’ rights in this context. ### deleted


### (53) information to be provided in accordance with all requirements applicable to the use of targeting and amplification techniques under this regulation should be presented in a format which is easily accessible , clearly visible and user-friendly , including through the use of plain language. ### deleted


### (54) it is appropriate to lay down rules on the transmission of information on targeting to other interested entities. the applicable regime should be consistent with the regime for the transmission of information linked to the transparency requirements. ### deleted


### (56) in the interest of the effective supervision of this regulation , it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. depending on the legal system of each member state and in line with existing union law including regulation (eu) 2016/679 and regulation (eu) 2021/xxx [digital services act] , different national judicial or administrative authorities may be designated to that effect. ### (56) in the interest of the effective supervision of this regulation , it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. depending on the legal system of each member state and in line with existing union law including regulation (eu) 2016/679 , regulation (eu) 2018/1725 and regulation (eu) 2021/xxx [digital services act] , different national judicial or administrative authorities may be designated to that effect.


### (56) in the interest of the effective supervision of this regulation , it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules. depending on the legal system of each member state and in line with existing union law including regulation (eu) 2016/679 and regulation (eu) 2021/xxx [digital services act] , different national judicial or administrative authorities may be designated to that effect. ### (56) in the interest of the effective supervision of this regulation , it is necessary to entrust oversight authorities with the competence to monitor and enforce the relevant rules and endow them with resources commensurate with such additional competences. depending on the legal system of each member state and in line with existing union law including regulation (eu) 2016/679 , regulation (eu)2018/1725 and regulation (eu) 2021/xxx [digital services act] , different national judicial or administrative authorities may be designated to that effect.


### 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation , reach or visibility of a political advertisement; ### 8. ‘targeting or amplification techniques’ means techniques that are used by sponsors , political advertising publishers or providers of advertising services either to address or disseminate a political advertisement only to a specific person or group of persons or to increase the circulation , reach or visibility of a political advertisement;


### 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation , reach or visibility of a political advertisement; ### 8. ‘targeting techniques’ means techniques that are offered by political advertising publishers or providers of advertising services to the sponsors of political advertisements to address a political advertisement only to a specific person or group of persons;


### 1. targeting or amplification techniques that involve the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 in the context of political advertising are prohibited. ### 1. targeting or ad delivery techniques shall not involve the processing of personal data in the context of political advertising.


### 1. targeting or amplification techniques that involve the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 in the context of political advertising are prohibited. ### 1. targeting or amplification techniques that involve the processing of personal data as defined in article 4(1) of regulation (eu) 2016/679 and article 5(1) of regulation (eu) 2018/1725 in the context of political advertising are prohibited.


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


### 1. the supervisory authorities referred to in article 51 of regulation (eu) 2016/679 or article 52 of regulation (eu) 2018/1725 shall be competent to monitor the application of article 12 of this regulation in their respective field of competence. article 58 of regulation (eu) 2016/679 and article 58 of regulation (eu) 2018/1725 shall apply mutatis mutandis. chapter vii of regulation (eu) 2016/679 shall apply for activities covered by article 12 of this regulation. ### 1. without prejudice to article 51 of regulation (eu) 2016/679 and article 52 of regulation (eu) 2018/1725 , the supervisory authorities referred to in article 51 of regulation (eu) 2016/679 or article 52 of regulation (eu) 2018/1725 shall be competent to monitor the application of article 12 of this regulation in their respective field of competence. article 58 of regulation (eu) 2016/679 and article 58 of regulation (eu) 2018/1725 shall apply mutatis mutandis. chapter vii of regulation (eu) 2016/679 shall apply for activities covered by article 12 of this regulation.


### 1. the supervisory authorities referred to in article 51 of regulation (eu) 2016/679 or article 52 of regulation (eu) 2018/1725 shall be competent to monitor the application of article 12 of this regulation in their respective field of competence. article 58 of regulation (eu) 2016/679 and article 58 of regulation (eu) 2018/1725 shall apply mutatis mutandis. chapter vii of regulation (eu) 2016/679 shall apply for activities covered by article 12 of this regulation. ### 1. without prejudice to article 51 of regulation (eu) 2016/679 and article 52 of regulation (eu)2018/1725 , the supervisory authorities referred to in article 51 of regulation (eu) 2016/679 or article 52 of regulation (eu) 2018/1725 shall be competent to monitor the application of article 12 of this regulation in their respective field of competence. article 58 of regulation (eu) 2016/679 and article 58 of regulation (eu) 2018/1725 shall apply mutatis mutandis. chapter vii of regulation (eu) 2016/679 shall apply for activities covered by article 12 of this regulation.


### 1. the supervisory authorities referred to in article 51 of regulation (eu) 2016/679 or article 52 of regulation (eu) 2018/1725 shall be competent to monitor the application of article 12 of this regulation in their respective field of competence. article 58 of regulation (eu) 2016/679 and article 58 of regulation (eu) 2018/1725 shall apply mutatis mutandis. chapter vii of regulation (eu) 2016/679 shall apply for activities covered by article 12 of this regulation. ### 1. without prejudice to article 51 of regulation (eu) 2016/679 and article 52 of regulation(eu)2018/1725 , the supervisory authorities referred to in article 51 of regulation (eu) 2016/679 or article 52 of regulation (eu) 2018/1725 shall be competent to monitor the application of article 12 of this regulation in their respective field of competence. article 58 of regulation (eu) 2016/679 and article 58 of regulation (eu) 2018/1725 shall apply mutatis mutandis. chapter vii of regulation (eu) 2016/679 shall apply for activities covered by article 12 of this regulation.


### 6. for infringements of the obligations laid down in article 12 , the supervisory authorities referred to in article 51 of the regulation (eu) 2016/679 may within their scope of competence impose administrative fines in line with article 83 of regulation (eu) 2016/679 and up to the amount referred to in article 83(5) of that regulation. ### 6. for infringements of the obligations laid down in article 12 , the supervisory authorities referred to in article 51 of the regulation (eu) 2016/679 may use the investigative and corrective powers laid down in that regulation and within their scope of competence impose administrative fines in line with article 83 of regulation (eu) 2016/679 and up to the amount referred to in article 83(5) of that regulation. in addition to or instead of an administrative fine the supervisory authorities may order a sponsor to suspend political advertising , and a political advertising publisher or provider of advertising services not to publish or disseminate political advertisements on behalf of that sponsor , for a limited period of time.


### 6. for infringements of the obligations laid down in article 12 , the supervisory authorities referred to in article 51 of the regulation (eu) 2016/679 may within their scope of competence impose administrative fines in line with article 83 of regulation (eu) 2016/679 and up to the amount referred to in article 83(5) of that regulation. ### 6. for infringements of the obligations laid down in article 12 , the supervisory authorities referred to in article 51 of the regulation (eu) 2016/679 may use the investigative and corrective powers laid down in that regulation and within their scope of competence impose administrative fines in line with article 83 of regulation (eu) 2016/679 and up to the amount referred to in article 83(5) of that regulation.


### (58) for the oversight of those aspects of this regulation that do not fall within the competence of the supervisory authorities under regulation (eu) 2016/679 , regulation (eu) 2018/725 member states should designate competent authorities. to support the upholding of fundamental rights and freedoms , the rule of law , democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this regulation , in particular the obligations laid down in article 7. member states may designate , in particular , the national regulatory authorities or bodies under article 30 of directive 2010/13/eu of the european parliament and of the council13 . ### (58) for the oversight of those aspects of this regulation that do not fall within the competence of the supervisory authorities under regulation (eu) 2016/679 and regulation (eu) 2018/725 member states should designate competent authorities to monitor and enforce relevant rules and endow them with resources commensurate with such tasks. to support the upholding of fundamental rights and freedoms , the rule of law , democratic principles and public confidence in the oversight of political advertising it is necessary that such authorities are structurally independent from external intervention or political pressure and are appropriately empowered effectively monitor and take the measures necessary to ensure compliance with this regulation , in particular the obligations laid down in article 7. member states may designate , in particular , the national regulatory authorities or bodies under article 30 of directive 2010/13/eu of the european parliament and of the council13 .


### (59) where rules already exist under union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as article 9 of regulation (eu) 2021/xxx [digital services act] , or those contained in regulation (eu) 2016/679 , those rules should apply mutatis mutandis to the relevant provisions of this regulation. ### (59) where rules already exist under union law regarding the provision of information to competent authorities and cooperation with and between those authorities such as article 9 of regulation (eu) 2021/xxx [digital services act] , or those contained in regulation (eu) 2016/679 , those rules should apply mutatis mutandis to the relevant provisions of this regulation. supervisory authorities referred to in article 51 of the regulation (eu) 2016/679 may use the investigative and corrective powers laid down in that regulation.


### a. whereas the latest revision of directive 2010/13/eu , adopted on 28 november 2018 , provided a framework for strengthening the country of origin principle and improving the protection of consumers , in particular minors , in the online world; whereas the significantly delayed transposition of the directive by member states undermines its effectiveness; ### a. whereas the latest revision of directive 2010/13/eu , adopted on 28 november 2018 , provided a framework for strengthening the country of origin principle and improving the protection of consumers , in particular minors and persons with disabilities , in the online world; whereas the significantly delayed transposition of the directive by member states undermines its effectiveness;


### a. whereas the country of origin principle laid down in article 2(1) of the directive has successfully proved itself as an important pillar for the free and unhindered dissemination of information and for the cross-border distribution of audiovisual media services and constitutes an important basis for the protection of audiovisual media service providers and end-users and for the promotion of cultural diversity and pluralism of opinion in the union; ### a. whereas the country of origin principle laid down in article 2(1) of the directive has successfully proved itself as an important pillar for the free and unhindered dissemination of information and for the cross-border distribution of audiovisual media services and constitutes an important basis for the protection of audiovisual media service providers;


### 1. underlines the importance of the proper implementation of the directive; regrets that not all member states have done this and encourages them to do so urgently; ### 1. underlines the importance of the proper implementation of the directive; regrets that not all member states have done this and encourages them to do so urgently; regrets that diverging national transpositions can increase fragmentation , erect barriers to the free movement of audiovisual-related goods and services in the internal market and create obstacles in providing pan-european media services , thus harming media pluralism in europe;


### 2. highlights the importance of the strengthened country of origin principle that helps providers to abide by the rules and to facilitate the cross-border provision of services; ### 2. highlights the importance of the strengthened country of origin principle that helps providers to abide by the rules and to facilitate the cross-border provision of services by providing legal certainty and a better understanding of the rules they must comply with; points out that undermining the country of origin principle increases fragmentation of the single market and administrative burdens for cross-border services;


### 2. recalls the commission’s obligation , as laid down in article 33 , second sentence of the directive , to submit a report on the application of the directive no later than 19 december 2022 , and reminds the member states’ of their obligation under article 7(2) of the directive to report to the commission on progress regarding accessibility by the same date; ### 2. recalls the commission’s obligation , as laid down in article 33 , second sentence of the directive , to submit a report on the application of the directive no later than 19 december 2022 , and reminds the member states’ of their obligation under article 7(2) of the directive to report to the commission on progress regarding accessibility by the same date; when assessing the member states’ implementation of their obligations under the avmsd , the commission should verify that their understandings of ‘proportionate measures’ are not voiding article 7;


### 3. stresses that media service providers must ensure , in line with article 7 of the directive , that audiovisual services are continuously and progressively made more accessible to people with disabilities; is concerned that , due to delays in transposition , member states will not address the needs of people with disabilities; ### 3. stresses that media service providers must ensure , in line with article 7 of the directive , that audiovisual services are continuously and progressively made more accessible to persons with disabilities; regrets , however , that substantial differences exist between member states with regard to the implementation of such obligations for linear and non-linear service providers , as well as for public and private broadcasters and with regard to the nature of the content; is concerned that , due to delays and differences in transposition , member states will not properly address the needs of persons with disabilities;


### 4. recalls the directive’s key provisions to protect minors , including those on commercial communications; urges the commission to secure the strict implementation and proper enforcement of these rules; ### 4. recalls the directive’s key provisions to protect minors , including those on commercial communications; urges the commission to secure the strict implementation and proper enforcement of these rules; warns against abusing the provisions to protect minors to censor lgbtiq content in certain member states and urges the commission to proceed with infringement procedures in such cases;


### 5. highlights the importance of a well functioning internal media market; underlines that the proposed european media freedom act aims to further enhance cooperation between the national regulators by establishing a european media board; stresses that independence and adequate resources must be guaranteed in order to fulfil these new responsibilities; insists on the importance of avoiding overlaps between the two instruments in order to preserve their effectiveness. ### 5. highlights the importance of a well functioning internal media market; welcomes the proposed european media freedom act aiming to further enhance cooperation between the national regulators by establishing a european media board; stresses that independence and adequate financial and human resources must be guaranteed in order to fulfil these new responsibilities; insists on the importance of avoiding overlaps between the two instruments in order to preserve their effectiveness;


### 7. calls on the commission , on the basis of the member states’ reports and in cooperation with erga , to work on common qualitative and quantitative targets to promote the further development of accessible services and to improve the accessibility of services overall; ### 7. calls on the commission , on the basis of the member states’ reports and in cooperation with erga , to work on common qualitative and quantitative targets to promote the further development of accessible services for persons with disabilities and to improve the accessibility of services overall; such targets should state , with clear timelines , what percentage of audiovisual content should be made accessible and for what type of access service. these targets should be based on the situation of media accessibility in the member state;


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


### 12. considers it appropriate to maintain the european quota targets as minimum targets at their current level; ### 12. considers it appropriate to maintain the european quota targets as minimum targets at their current level and that the provision is implemented taking into account official languages in the member states;


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


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


### 4. in order to cover the regulatory needs of member states and to pursue the environmental , safety and harmonisation goals of article 114 of the treaty on the functioning of the european union , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by determining , for particular product families and categories , the following: ### 4. in order to cover the regulatory needs of member states , to pursue the environmental , safety and harmonisation goals of article 114 of the treaty on the functioning of the european union , and in order to contribute to the objectives of the european green deal and the circular economy action plan , and to ensure safe construction products , safety being one of the goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment , including climate , are necessary. the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by determining , for particular product families and categories , the following:


### threshold levels and classes of performance in relation to the essential characteristics and which of the essential characteristics may or shall be declared by manufacturers; ### threshold levels and classes of performance in relation to the essential characteristics , taking into account union climate goals , and which of the essential characteristics may or shall be declared by manufacturers in a transparent manner through the use of digital product passports;


### product requirements ### product performance and information requirements


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


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


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


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


### unless otherwise specified in accordance with article 5(3) , national law , other rules or administrative action shall not duplicate or go beyond product requirements specified in accordance with article 5 or the threshold levels established in accordance with article 4(4); ### deleted


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


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


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


### the owner of the product , whilst having a choice amongst the manufacturer , the importer or the distributor as addressee , is in charge of the transport back to the distributor , importer or manufacturer; ### deleted


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


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


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


### 1. the declaration of performance shall express the performance of products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specifications or european assessment document. ### 1. the declaration of performance shall express the performance of products in relation to the essential characteristics of those products in accordance with the relevant harmonised technical specification , delegated act as of art. 4(3) or european assessment documents.


### 2. the declaration of performance shall be drawn up using the model set out in annex ii without the section relating to conformity. the declaration of performance shall at least cover the performance with regard to the mandatory essential characteristics listed in annex i part a point 2 , the essential characteristics mandatory by virtue of harmonised technical specifications or delegated acts adopted in accordance with article 4(3) , and the assessment of environmental sustainability referred to in article 22(1). ### 2. the declaration of performance shall be drawn up using the model set out in annex ii without the section relating to conformity. the declaration of performance shall cover the performance with regard to the mandatory essential characteristics listed in annex i part a point 1.3 , point 1.8 and point 2 , the essential characteristics mandatory by virtue of harmonised technical specifications or delegated acts adopted in accordance with article 4(3) , and the assessment of environmental sustainability referred to in article 22(1). information disclosed under point 2 must be product specific.


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


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


### 2. where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this regulation or regulation (eu) 305/2011 , an economic operator may issue a new declaration of performance without undergoing a full procedure in accordance with this regulation where it limits the intended use to “decoration”. where the economic operator has used this derogation , the declaration of performance shall be labelled “declaration of performance for used product”. ### 2. where there is no declaration of performance available for a used product issued by the initial manufacturer or another economic operator pursuant to this regulation or regulation (eu)305/2011 , an economic operator , may issue a new declaration of performance without undergoing a full procedure in accordance with this regulation where it claims compliance with characteristics listed in annex i and related performance , through best available techniques and assessment methods , against the intended use assigned to the used construction products. where the economic operator has used this derogation , the declaration of performance shall be labelled “declaration of performance for used product”.


### 1. before placing a product on the market , the manufacturer who is not exempted from the obligation to produce a declaration of performance shall: ### 1. in order to place a product on the market , the manufacturer shall:


### verify the product’s compliance with the product requirements of annex i part b and c to the extent that they have been specified by delegated acts in accordance with article 5(2) , and with the product requirements of annex i part d; ### verify the product's compliance with the directly applicable information requirements contained in annex i part d , and with the product requirement of annex i part b and c to the extent that they have been specified by delegated acts in accordance with article 5(2) and article 22 , and


### draw up a declaration of conformity. ### draw up a declaration of conformity stating that the fulfilment of product and information requirements specified in the applicable delegated acts adopted pursuant to art. 5 and art. 22 have been demonstrated. it shall be continuously updated.


### 1. the declaration of conformity shall express conformity of a product with product requirements referred to in article 5(1) and (2). ### 1. the declaration of conformity shall express conformity of a product with product requirements referred to in article 5 and article 22.


### 4. the manufacturer shall fulfil the obligations of this article as from the first revision of the declaration of performance undertaken by the manufacturer after the date of application of harmonised technical specification , for the respective product family or category , but at the latest 3 years after that date. ### 4. the manufacturer shall fulfil the obligation of this article by 1 january 2025.


### 3. declarations may contain permalinks to unamendable environmental product declarations or other unamendable documents containing the requested information if those documents follow the order and structure of the declarations or if a correlation table linking the order of the declarations to the order of these documents is provided together with the permalink. ### 3. declarations shall contain permalinks to unamendable mandatory information on the environmental performance of construction products.


### 2. the ce marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance or conformity in accordance with articles 9 and 11 to 14. the ce marking shall be affixed to key parts. the ce marking may not be affixed to parts which are not key parts. ### 2. the ce marking shall be affixed to those products for which the manufacturer has drawn up a declaration of performance and conformity in accordance with articles 9 and 11 to 14. the ce marking shall be affixed to key parts. the ce marking may not be affixed to parts which are not key parts.


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


### 2. the manufacturer shall refrain from any claim about the characteristics of a product that is not based on: ### 2. the manufacturer shall refrain from any claim about the characteristics and performance of a product that is not based on:


### that technical documentation shall contain the mandatory or facultative calculation of environmental , including climate sustainability assessed in accordance with harmonised technical specifications adopted under this regulation or with commission acts adopted under this regulation. ### that technical documentation shall contain the mandatory calculation of environmental , including climate sustainability assessed in accordance with harmonised technical specifications adopted under this regulation or with commission acts adopted under this regulation.


### 7. the manufacturer shall upload the data of the declaration of performance , of the declaration of conformity , the information referred to in paragraph 6 and the technical documentation in the eu product database or system established in accordance with article 78. ### 7. the manufacturer shall share the information of the declaration of performance , including mandatory information on the environmental performance of construction products and of the declaration of conformity , the information referred to in paragraph 6 and the technical documentation through the digital product passport established in accordance with article 78.


### 7. the manufacturer shall upload the data of the declaration of performance , of the declaration of conformity , the information referred to in paragraph 6 and the technical documentation in the eu product database or system established in accordance with article 78. ### 7. the manufacturer shall share the information of the declaration of performance , including information on the environmental performance of construction products and of the declaration of conformity , the information referred to in paragraph 6 and the technical documentation established in accordance with article 78.


### 9. where the product presents a risk or is likely to present a risk , the manufacturer shall within two working days thereof inform the authorised representative , importers , distributors , fulfilment service providers , and online market places involved in the distribution , as well as the competent national authorities of the member states in which the manufacturer or – to its knowledge – other economic operators made the product available. the manufacturer shall , to that effect , provide all useful details and , in particular , specify the type of the non-compliance , the frequency of accidents or incidents and the corrective measures taken or recommended. in case of risks caused by products which have already reached the final user or consumer , the manufacturer shall also alert the media and inform them about appropriate measures to eliminate or , if not possible , to reduce the risks. in case of a “serious risk” in the meaning of article 3 , point (71) the manufacturer shall withdraw and recall the product at their own cost. ### 9. where the product presents a risk or is likely to present a risk , the manufacturer shall within two working days thereof inform the authorised representative , importers , distributors , fulfilment service providers , and online market places involved in the distribution , as well as the competent national authorities of the member states in which the manufacturer or – to its knowledge – other economic operators made the product available. the manufacturer shall , to that effect , provide all useful details and , in particular , specify the type of the non-compliance , the frequency of accidents or incidents and the corrective measures taken or recommended. in case of risks caused by products which have already reached the final user or consumer , the manufacturer shall also alert the media and inform them about appropriate measures to eliminate or , if not possible , to reduce the risks. in case of a “risk” in the meaning of article 3 , point (71) the manufacturer shall within 1 month withdraw and recall the product at their own cost.


### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling; ### under the conditions set out in point (a)(i) and (ii) give preference to reusable and sustainably sourced bio-based materials , recyclable materials and materials gained from re-use and recycling;


### design products in such a way that re-use , remanufacturing and recycling are facilitated , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials , unless remanufacturing and recycling are risky for human safety or the environment. in this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point; ### design products in such a way that re-use , remanufacturing and recycling are facilitated , namely by facilitating the separation of components and materials at de-installation , deconstruction and demolition and at the later stage of recycling and avoiding mixed , blended or intricate materials , unless remanufacturing and recycling are risky for human safety or the environment. in this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point;


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


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


### provide to manufacturers , notified bodies and authorities all available information on the environmental sustainability of their supplied component or service; ### provide to manufacturers , notified bodies and authorities information on the social and environmental sustainability of their supplied component or service all along their lifecycle , in compliance with article 4 , article 5 and article 22 and including relevant information over raw material extraction and biodiversity impacts.


### 2. where a supplier or service provider has been informed in accordance with the last sentence of article 21(8) , it shall forward that information to his other clients who have , in the last 5 years , received components or services which are identical with regard to the issue in question. in case of a serious risk as defined in article 3 , point (71) or a risk falling under the last sentence of article 21(9) , the supplier or service provider shall also inform the national competent authorities of the member states where products with that component or manufacturing service have been made available on the market or directly installed; where it cannot identify these member states , it shall inform all national competent authorities. ### 2. where a supplier or service provider has been informed in accordance with the last sentence of article 21(8) , it shall forward that information to his other clients who have , in the last 5 years , received components or services which are identical with regard to the issue in question. in case of a risk as defined in article 3 , point (71) or a risk falling under the last sentence of article 21(9) , the supplier or service provider shall also inform the national competent authorities of the member states where products with that component or manufacturing service have been made available on the market or directly installed; where it cannot identify these member states , it shall inform all national competent authorities.


### the economic operator uses the currency of the member states or a crypto-currency covered by regulation (eu) […]47 unless , in the latter case , selling to the union is explicitly excluded by effective means; ### the economic operator uses the currency of the member states


### 2. member states shall designate a single centralised market surveillance authority responsible for detecting products offered from economic operators outside the union to clients on their territory online and via other distance sales methods. ### 2. member states shall designate a single centralised market surveillance authority responsible for detecting products offered from economic operators outside the union to clients on their territory online and via other distance sales methods , and that may not respect the union rules and norms.


### 6. the commission may make the financing of the organisation of tabs , regardless of via grants or public tenders , subject to the fulfilment of certain organisational and performance requirements , including with regard to a fair geographic distribution of tabs. ### 6. the commission may make the financing of the organisation of tabs , regardless of via grants or public tenders , subject to the fulfilment to organisational and performance requirements , including with regard to a fair geographic distribution of tabs.


### a product placed on the market , due to its physical condition , is likely to cause a serious risk. ### a product placed on the market , due to its physical condition , is likely to cause a risk.


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. by 31 december 2026 , the commission shall supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products digital product passport that builds on and is interoperable with the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products] , such database should ensure the provision of a list of sustainable products deemed appropriate for construction practices ;


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. by 31 december 2026 , the commission shall supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products digital product passport that builds on and is interoperable with the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products].


### 1. the commission is empowered to supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database or system that builds to the extent possible on the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products]. ### 1. by 31 december 2026 , the commission shall supplement this regulation by means of delegated act according to article 87 , by setting up a union construction products database of digital product passport that builds on and is interoperable with the digital product passport established by regulation (eu) ... [regulation on ecodesign for sustainable products].


### 2. economic operators may access all information stored in that database or system which regards them specifically. they may request that incorrect information is corrected. ### deleted


### the commission may , by implementing acts give access to this database or system to certain authorities of third countries that apply voluntarily this regulation or that have regulatory systems for construction products similar to this regulation provided that these countries: ### the commission may , by implementing acts define specific conditions applicable for construction products specifically. those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 88(1).


### the commission may , by implementing acts give access to this database or system to certain authorities of third countries that apply voluntarily this regulation or that have regulatory systems for construction products similar to this regulation provided that these countries: ### the commission may , by implementing acts define specific conditions applicable for construction products specifically. those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 88(1). it may also give access to this database or system to public authorities of third countries that apply voluntarily this regulation or that have regulatory systems for construction products similar to this regulation provided that these countries:


### ensure confidentiality , ### deleted


### are partners of a mechanism for lawful transfers of personal data compliant with the regulation (eu) 2016/67948 , ### deleted


### commit to engage actively by notifying facts that might trigger the need for action of market surveillance authorities , and ### deleted


### commit to engage against economic operators infringing this regulation from their territory. ### deleted


### scientific , technical , and regulatory matters , aiming to improve product safety or the protection of the environment; ### scientific , technical , and regulatory matters , aiming to improve product safety , the protection of the environment , environment and protection of workers and consumers ;


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


### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. ### 1. the commission shall supplement this regulation by delegated acts according to article 87 by 31 december 2025 , by establishing mandatory sustainability requirements applicable to all public contracts , including implementation , monitoring and reporting of those requirements by member states , through the support of local authorities. member states will provide technical and financial assistance to local authorities to upskill and reskill the staff in charge of public contracts and public procurement.


### 1. the commission is empowered to supplement this regulation by delegated acts according to article 87 by establishing sustainability requirements applicable to public contracts , including implementation , monitoring and reporting of those requirements by member states. ### 1. by 31 december 2025 , the commission shall supplement this regulation by delegated acts according to article 87 by establishing mandatory sustainability requirements applicable to all public contracts , including implementation , monitoring and reporting of those requirements by member states.


### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , may take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , or targets , as appropriate. ### 2. requirements adopted pursuant to paragraph 1 for public contracts awarded by contracting authorities , as defined in article 2(1) of directive 2014/24/eu or article 3 , point (1) of directive 2014/25/eu , or contracting entities , as defined in article 4(1) of directive 2014/25/eu , shall take the form of mandatory technical specifications , selection criteria , award criteria , contract performance clauses , labels as defined in article 43 of directive 2014/24/eu , or targets , as appropriate.


### the need to ensure sufficient demand for more environmentally sustainable products; ### the environmental benefits entailed by the uptake of products in the highest two classes/scores.


### the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products , without entailing disproportionate costs. ### the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products , as determined on a total lifetime and operating cost basis.


### the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable products , without entailing disproportionate costs. ### the economic feasibility , also considering multiple co-benefits such as reduced health and social system costs , increased productivity , reduced sickness rates , if applicable , for contracting authorities or contracting entities to buy more environmentally sustainable products , without compromising the principles of sound management of public resources and entailing disproportionate costs as determined on a total lifetime and operating cost basis.


### evaluation ### prioritisation , planning and evaluation


### 91 evaluation ### 91 prioritisation , planning and evaluation


### no sooner than 8 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report. ### no sooner than 5 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report.


### no sooner than 8 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment. the commission shall present a report on the main findings to the european parliament , the council , the european economic and social committee , and the committee of the regions. member states shall provide the commission with the information necessary for the preparation of that report. ### within 4 years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and of its contribution to the functioning of the internal market and the improvement of the environmental sustainability of products and construction works and built environment.


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that they , throughout their life cycle , do not present acute or chronic threat to the health and safety of workers , occupants or neighbors as a result of any of the following: ### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that they , throughout their life cycle , do not have significant adverse effects on the health and safety of workers , occupants or neighbors as a result of any of the following:


### the emissions of hazardous substances , volatile organic compounds or hazardous particles into indoor air; ### the emissions of substances of concern , volatile organic compounds or hazardous particles into indoor air;


### the release of hazardous substances into drinking water or substances which have an otherwise negative impact on drinking water; ### the release of substances of concern into drinking water or substances which have an otherwise negative impact on drinking water;


### minimizing the overall amount of raw materials used; ### minimizing the overall amount of materials used;


### reuse or recyclability of the construction works , parts of them and their materials after demolition. ### ease of deconstruction , reuse or recyclability of the construction works , parts of them and their materials after demolition.


### harmonised technical specifications shall to the extent possible cover the following essential characteristics related to life cycle assessment: ### harmonised technical specifications shall cover the following essential characteristics related to life cycle assessment:


### main materials used; ### full bill of materials


### safety during transport , installation , maintenance , deconstruction and demolition: ### safety during transport , installation , deinstallation , maintenance , deconstruction and demolition:


### maintenance needs with a view to maintaining the performance of the product during its service life span: ### maintenance needs with a view to maintaining the performance of the product during its service life span and to maximise its durability during several lifecycles:


### description of the adjustment and maintenance operations that should be carried out by the users and the preventive maintenance measures that should be observed; ### description of the adjustment and maintenance operations that shall be carried out by the users and the preventive maintenance measures that shall be observed;


### (ii) the type and frequency of inspections and maintenance required for safety reasons and , where appropriate , the parts subject to wear and the criteria for replacement; ### (ii) the type and frequency of inspections and maintenance required for safety and durability and , where appropriate , the parts subject to wear and the criteria for replacement;


### rules or recommendations for repair , deconstruction , reuse , remanufacturing , recycling or safe deposit. ### rules on information provision on repair , deconstruction , reuse , remanufacturing , recycling or safe deposit:


### product information on these items shall , both in terms of quantity and quality , suffice to make knowledgeable decisions on purchase , including the respective needed quantity , installation , use , maintenance , dismantling , reuse and recycling of the product. it shall include all the drawings , diagrams , descriptions and explanations necessary to understand it. ### product information on these items shall fully support make knowledgeable decisions on purchase , including the respective needed quantity , installation , use , maintenance , dismantling , reuse and recycling of the product. it shall include all the drawings , diagrams , descriptions and explanations necessary to understand it. manufacturers shall disclose at least one best practice and a blacklist of practices hindering these objectives.


### harmonised technical specifications shall , as appropriate , specify the product information requirements set out in point 1 that may relate both to the product itself and to its installation into construction works. thereby , they shall take into account the needs of designers , building authorities , construction professionals , building control authorities , consumers and other users , occupants , use managers , and of maintenance professionals. ### delegated acts according to art. 5 shall , as appropriate , specify the product information requirements set out in point 1 that may relate both to the product itself and to its installation into construction works. thereby , they shall take into account the needs of designers , building authorities , construction professionals , building control authorities , reuse businesses and brokers , consumers and other users , occupants , use managers , and of maintenance professionals.


### when specifying the product information requirements , harmonised technical specifications shall at least cover the following elements: ### when specifying the product information requirements , delegated acts shall at least cover the following elements:


### 4. harmonised technical specifications may permit manufacturers to provide certain information items relevant for member states , users or occupants , under the condition that: ### 4. delegated acts may permit manufacturers to provide information additional to that required in par 1 , relevant for member states , users or occupants , under the condition that:


### (7) pursuing the environmental goals , including the fight against climate change , makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products. ### (7) pursuing the environmental goals , including the fight against climate change and the transition towards a carbon-neutral , environmentally sustainable , toxic-free and fully circular economy within planetary boundaries by 2050 at the latest , makes it necessary to establish new environmental obligations and to develop and apply an assessment method for the calculation of the environmental sustainability of construction products. in order to achieve harmonised and accurate assessments , the commission should build on the continuing efforts to develop and improve science-based assessment tools , such as the update product environmental footprint method set out in commission recommendation (eu) 2021/2279. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.


### (7) pursuing the environmental goals , including the fight against climate change , makes it necessary to establish new environmental obligations and to lay the ground for the development and the application of an assessment method for the calculation of the environmental sustainability of construction products. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products. ### (7) pursuing the environmental goals , including the fight against climate change and the transition towards a carbon-neutral , environmentally sustainable , toxic-free and fully circular economy within planetary boundaries by 2050 at the latest , makes it necessary to establish new environmental obligations and to develop and apply an assessment method for the calculation of the environmental sustainability of construction products and to lay down rules for declaring environmental and sustainability performance of construction products , including the possibility of establishing relevant thresholds and classes. in order to achieve harmonised and accurate assessments , the commission should build on the continuing efforts to develop and improve science-based assessment tools , such as the updated product environmental footprint method set out in commission recommendation (eu) 2021/22791a. for the same reason , it is necessary to extend the range of regulated economic operators , since distributors , suppliers and manufacturers all have a role to play in the calculation of the environmental sustainability in the construction sector. that range should therefore be extended into two directions , downstream from the distributors to the economic operators preparing re-use and remanufacturing of construction products and upstream from the manufacturer over the suppliers of intermediate products and/or raw materials. moreover , certain operators coming into play in the context of dismantling used products or other parts of construction works or remanufacturing and re-use thereof need to contribute to a safe second life of construction products.


### (8) to ensure safety and functionality of construction products and , by extension , of construction works , it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. importers , distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. moreover , certain service providers such as fulfilment service providers or 3d-printing service providers should not contribute to the non-compliances of other economic operators. it is therefore necessary to render relevant provisions applicable also to these services and their providers. ### (8) to ensure safety and functionality of construction products and , by extension , of construction works as well as workers and consumers , it is necessary to avoid that items that are not intended by their manufacturers to be construction products are placed on the market as construction products. importers , distributors and other downstream economic operators should therefore ensure that those pseudo construction products are not sold as construction products. moreover , certain service providers such as fulfilment service providers or 3d-printing service providers should not contribute to the non-compliances of other economic operators. it is therefore necessary to render relevant provisions applicable also to these services and their providers.


### (10) in order to ensure safety and protection of the environment and to close a regulatory loophole that would otherwise exist , it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. micro-enterprises , however , often individually manufacture and install products on site. subjecting those micro-enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro-enterprises. it is therefore necessary to enable member states to exempt micro-enterprises from drawing up a declaration of performance in specific situations , where the interests of other member states are not affected. ### (10) in order to ensure safety and protection of the environment , workers and consumers and to close a regulatory loophole that would otherwise exist , it is necessary to clarify that construction products manufactured on the construction site for immediate incorporation into the construction works are subject to the same rules as other construction products. micro-enterprises , however , often individually manufacture and install products on site. subjecting those micro-enterprises under all circumstances to the same rules as other enterprises would disproportionally affect those micro-enterprises. it is therefore necessary to enable member states to exempt micro-enterprises from drawing up a declaration of performance in specific situations , where the interests of other member states are not affected. local authorities should be provided with the necessary financing mechanisms to help microenterprises access and be part of the sustainable product market.


### (18) in order to strive for a maximum of regulatory coherence , this regulation should to the extent possible build on the horizontal legal framework , in this case namely on regulation (eu) no 1025/2012 of the european parliament and of the council. it follows the recent trend in product legislation to develop a fall-back solution where the european standardisation organisations do not deliver harmonised standards which can be cited in the official journal. as no harmonised standards for construction products could be cited in the official journal since late 2019 and only some dozen since regulation (eu) no 305/2011 came into force , the new back-up empowerments for the commission should be even more comprehensive , permitting to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress. ### (18) in order to strive for a maximum of regulatory coherence , this regulation should to the extent possible build on the horizontal legal framework , in this case namely on regulation (eu) no 1025/2012 of the european parliament and of the council and on regulation (eu) ... [regulation on eco design for sustainable products]. it follows the recent trend in product legislation to ensure that all products placed on the union market become increasingly sustainable and stand the test of circularity , in line with the european green deal as a fall-back solution where the european standardisation organisations do not deliver harmonised standards which can be cited in the official journal. as no harmonised standards for construction products could be cited in the official journal since late 2019 and only some dozen since regulation (eu) no 305/2011 came into force , the new back-up empowerments for the commission should be even more comprehensive , permitting to define mandatory essential characteristics related to sustainability and to optimise the overall output of technical specifications so to catch up the delay in the adaptation to technical progress. the commission shall , amongst others , be guided by and ensure coherence with the environmental sustainability objectives pursued by regulation (eu) … [regulation on eco design for sustainable products].


### (20) in order to contribute to the objectives of the european green deal and the circular economy action plan , and to ensure safe construction products , safety being one of the goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment , including climate , are necessary. when setting these requirements , the commission should take into account their potential contribution to achieving union climate , environmental and energy efficiency objectives. these requirements do not merely relate to the performance of construction products. contrary to its predecessor directive 89/106/ec , regulation (eu) no. 305/2011 does not provide for the possibility to establish such inherent product requirements. however , certain harmonised standards for construction products contain such inherent product requirements which can relate to environment , to safety or simply to the good functioning of the product. these standards demonstrate that there is a practical need for such requirements on safety , the environment or simply the functioning of products. article 114 tfeu as the legal base of this regulation also imposes the pursuit of a high level of protection of the environment , health and human safety. thus , this regulation should (re-)introduce or validate inherent product requirements. whilst these requirements need to be laid down by the legislator , there is a need for specifying them for the more than 30 product families , each with several categories. hence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify the requirements for the respective construction product family or category. ### (20) in order to contribute to the objectives of the european green deal , the circular economy action plan and the zero pollution action plan , and to ensure safe and sustainable construction products , health , safety , environmental protection and workers and consumer protection being goals to be pursued in the legislation based on article 114 of the treaty on the functioning of the european union (tfeu) , inherent product requirements related to safety , functionality and protection of environment , including climate , are necessary. when setting these requirements , the commission should take into account their potential contribution to achieving union climate , environmental and energy efficiency objectives. these requirements do not merely relate to the performance of construction products. contrary to its predecessor directive 89/106/ec , regulation (eu) no. 305/2011 does not provide for the possibility to establish such inherent product requirements. however , certain harmonised standards for construction products contain such inherent product requirements which can relate to environment , to safety or simply to the good functioning of the product. these standards demonstrate that there is a practical need for such requirements on safety , the environment or simply the functioning of products. article 114 tfeu as the legal base of this regulation also imposes the pursuit of a high level of protection of the environment , health and human safety. thus , this regulation should (re-)introduce or validate inherent product requirements. whilst these requirements need to be laid down by the legislator , there is a need for specifying them for the more than 30 product families , each with several categories. hence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to specify the requirements for the respective construction product family or category.