### (44) with a view to ensuring pluralistic media markets , the national authorities or bodies and the board should take account of a set of criteria. in particular , impact on media pluralism should be considered , including notably the effect on the formation of public opinion , taking into account of the online environment. concurrently , it should be considered whether other media outlets , providing different and alternative content , would still coexist in the given market(s) after the media market concentration in question. assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner , management or governance structure in the individual editorial decisions of the acquired or merged entity. the existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. in assessing the potential impacts , the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether , in the absence of the concentration , they would be economically sustainable , in the sense that they would be able in the medium term to continue to provide and further develop financially viable , adequately resourced and technologically adapted quality media services in the market. ### (44) with a view to ensuring pluralistic media markets , the national authorities or bodies and the board should take account of a set of criteria. in particular , impact on media pluralism should be considered , including notably the effect on the formation of public opinion , taking into account of the online environment. concurrently , it should be considered whether other media outlets , providing different and alternative content , would still coexist in the given market(s) after the media market concentration in question. assessment of safeguards for editorial independence should include the examination of potential risks of undue interference by the prospective owner , management or governance structure in the individual editorial decisions of the acquired or merged entity. the existing or envisaged internal safeguards aimed at preserving independence of the individual editorial decisions within the media undertakings involved should also be taken into account. in assessing the potential impacts , the effects of the concentration in question on the economic sustainability of the entity or entities subject to the concentration should also be considered and whether , in the absence of the concentration , they would be economically sustainable , in the sense that they would be able in the medium term to continue to provide and further develop financially viable , adequately resourced and technologically adapted quality media services in the market. the assessment should also take into account competition with online platforms.


### (45) audience measurement has a direct impact on the allocation and the prices of advertising , which represents a key revenue source for the media sector. it is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of content. accordingly , media market players , in particular media service providers and advertisers , should be able to rely on objective audience data stemming from transparent , unbiased and verifiable audience measurement solutions. however , certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. this could result in information asymmetries among media market players and in potential market distortions , to the detriment of equality of opportunities for media service providers in the market. ### (45) audience measurement has a direct impact on the allocation and the prices of advertising , which represents a key revenue source for the media sector. it is a crucial tool to evaluate the performance of media content and understand the preferences of audiences in order to plan the future production of content. accordingly , media market players , in particular media service providers and advertisers , should be able to rely on objective audience data stemming from transparent , unbiased and verifiable audience measurement solutions. however , certain new players that have emerged in the media ecosystem provide their own measurement services without making available information on their methodologies. this could result in incomparable measurement systems and information asymmetries among media market players and in potential market distortions , to the detriment of equality of opportunities for media service providers in the market. such providers of proprietary audience measurement systems developed without market governance or outside of european or national industry standards agreed by the relevant national self-regulatory bodies shall provide the same information on methodologies , as the one published by self-regulatory bodies that govern the agreed industry standards on audience measurement.


### (46) in order to enhance the verifiability and reliability of audience measurement methodologies , in particular online , transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. under these obligations , such actors , when requested and to the extent possible , should provide advertisers and media service providers or parties acting on their behalf , with information describing the methodologies employed for the measurement of the audience. such information could consist in providing elements , such as the size of the sample measured , the definition of the indicators that are measured , the metrics , the measurement methods and the margin of error as well as the measurement period. the obligations imposed under this regulation are without prejudice to any obligations that apply to providers of audience measurement services under regulation 2019/1150 or regulation (eu) 2022/xx [digital markets act] , including those concerning ranking or self-preferencing. ### (46) in order to enhance the verifiability , comparability and reliability of audience measurement methodologies , in particular online , transparency obligations should be laid down for providers of audience measurement systems that do not abide by the industry benchmarks agreed within the relevant self-regulatory bodies. under these obligations , such actors , when requested and to the extent possible , should provide advertisers and media service providers or parties acting on their behalf , with information describing the methodologies employed for the measurement of the audience. such information could consist in providing elements , such as the size of the sample measured , the definition of the indicators that are measured , the metrics , the measurement methods and the margin of error as well as the measurement period and the coverage of measurement. the obligations imposed under this regulation are without prejudice to the right to protection of personal data as provided by article 8 of the charter of fundamental rights and regulation 2016/679 (general data protection regulation) or to any obligations that apply to providers of audience measurement services under regulation 2019/1150 or regulation (eu) 2022/1925 , including those concerning ranking or self-preferencing.


### (47) codes of conduct , drawn up either by the providers of audience measurement systems or by organisations or associations representing them , can contribute to the effective application of this regulation and should , therefore , be encouraged. self-regulation has already been used to foster high quality standards in the area of audience measurement. its further development could be seen as an effective tool for the industry to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency , impartiality , inclusiveness , proportionality , non-discrimination and verifiability. when drawing up such codes of conduct , in consultation with all relevant stakeholders and notably media service providers , account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players. ### (47) codes of conduct , drawn up either by the providers of audience measurement systems or together with media service providers , or by organisations or associations representing them , can contribute to the effective application of this regulation and should , therefore , be encouraged. self-regulation has already been used to foster high quality standards in the area of audience measurement. its further development could be seen as an effective tool for the industry with the support of national regulatory authorities or bodies to agree on the practical solutions needed for ensuring compliance of audience measurement systems and their methodologies with the principles of transparency , impartiality , inclusiveness , proportionality , non-discrimination , comparability and verifiability. when drawing up such codes of conduct , in consultation with all relevant stakeholders and notably media service providers , and independent third-party audience measurement providers , account could be taken in particular of the increasing digitalisation of the media sector and the objective of achieving a level playing field among media market players.


### (50) risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services , including as regards the degree of concentration of the market at national and regional level and risks of foreign information manipulation and interference. it should be conducted independently , on the basis of a robust list of key performance indicators , developed and regularly updated by the commission , in consultation with the board. given the rapidly evolving nature of risks and technological developments in the internal media market , the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market , to alert about vulnerabilities around media pluralism and editorial independence , and to help efforts to improve governance , data quality and risk management. in particular , the level of cross-border activity and investment , regulatory cooperation and convergence in media regulation , obstacles to the provision of media services , including in a digital environment , as well as transparency and fairness of allocation of economic resources in the internal media market should be covered by the monitoring. it should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. in addition , the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions , including those proposed in the accompanying recommendation. in order to ensure the highest standards of such monitoring , the board , as it gathers entities with a specialised media market expertise , should be duly involved. ### (50) risks to the functioning and resilience of the internal media market should be regularly monitored as part of the efforts to improve the functioning of the internal market for media services. such monitoring should aim at providing detailed data and qualitative assessments on the resilience of the internal market for media services , including as regards the degree of cross-border concentration of the market and risks of foreign information manipulation and interference. it should be conducted independently , on the basis of a robust list of key performance indicators , developed and regularly updated by the commission , in consultation with the board. given the rapidly evolving nature of risks and technological developments in the internal media market , the monitoring should include forward-looking exercises such as stress tests to assess the prospective resilience of the internal media market , to alert about vulnerabilities around media pluralism and editorial independence , and to help efforts to improve governance , data quality and risk management. in particular , the level of cross-border activity and investment , regulatory cooperation and convergence in media regulation , obstacles to the provision of media services , including in a digital environment , as well as transparency and fairness of allocation of economic resources in the internal media market should be covered . it should also consider broader trends in the internal media market and national media markets as well as national legislation affecting media service providers. in addition , the monitoring should provide an overview of measures taken by media service providers with a view to guaranteeing the independence of individual editorial decisions , including those proposed in the accompanying recommendation. in order to ensure the highest standards of such monitoring , the board , as it gathers entities with a specialised media market expertise , should be involved , where appropriate.


### regulation (eu) 2022/xxx [the digital services act]; ### regulation (eu) 2022/2065;


### regulation (eu) 2022/xxx [the digital markets act]; ### regulation (eu) 2022/1925 ;


### (1) ‘media service’ means a service as defined by articles 56 and 57 of the treaty , where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public , by any means , in order to inform , entertain or educate , under the editorial responsibility of a media service provider; ### (1) ‘media service’ means a service as defined by articles 56 and 57 of the treaty , where the principal purpose of the service or a dissociable section thereof consists in providing programmes or content of press publications to the general public , by any means , in order to inform , entertain or educate , under the editorial responsibility of a media service provider;


### (1) ‘media service’ means a service as defined by articles 56 and 57 of the treaty , where the principal purpose of the service or a dissociable section thereof consists in providing programmes or press publications to the general public , by any means , in order to inform , entertain or educate , under the editorial responsibility of a media service provider; ### (1) ‘media service’ means a service as defined by articles 56 and 57 of the treaty , where the principal purpose of the service or a dissociable section thereof consists in providing programmes or content of press publications to the general public , by any means , in order to inform , entertain or educate , under the editorial responsibility of an editor;


### (2) ‘media service provider’ means a natural or legal person whose professional activity is to provide a media service and who has editorial responsibility for the choice of the content of the media service and determines the manner in which it is organised; ### (2) ‘media service provider’ means a natural or legal person whose professional business activity is to provide a media service and who has editorial responsibility for the choice of the content or decides the overall editorial line and exercises editorial control over a section or sections of the media service and determines the manner in which it is organised;


### (7) ‘editor’ means a natural person or a number of natural persons possibly grouped in a body , regardless of its legal form , status and composition , that takes or supervises editorial decisions within a media service provider; ### (7) ‘editor’ means a natural person or a number of natural persons possibly grouped in a body , regardless of its legal form , status and composition , that has editorial responsibility and takes or supervises editorial decisions within a media service provider;


### (7) ‘editor’ means a natural person or a number of natural persons possibly grouped in a body , regardless of its legal form , status and composition , that takes or supervises editorial decisions within a media service provider; ### (7) ‘editor’ means a natural person who exercises and has ultimate editorial responsibility , meaning the person who takes or supervises editorial decisions within a media service provider;


### (9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or press publications and over their organisation , for the purposes of the provision of a media service , regardless of the existence of liability under national law for the service provided; ### (9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or the content of press publications and over their organisation , for the purposes of the provision of a media service , regardless of the existence of liability under national law for the service provided. editorial responsibility conveys standards of professional journalism and guarantees trust in the media and in journalism;


### (9) ‘editorial responsibility’ means the exercise of effective control both over the selection of the programmes or press publications and over their organisation , for the purposes of the provision of a media service , regardless of the existence of liability under national law for the service provided; ### (9) ‘editorial responsibility’ means the exercise of effective control , based on national standards of journalism , both over the selection of the programmes or the content of press publications and over their organisation , for the purposes of the provision of a media service , regardless of the existence of liability under national law for the service provided;


### (10) ‘provider of very large online platform’ means a provider of an online platform that has been designated as a very large online platform pursuant to article 25(4) of regulation (eu) 2022/xxx [digital services act]; ### (10) ‘provider of very large online platform’ means a provider of an online platform that has been designated as a very large online platform pursuant to article 25(4) of regulation (eu) 2022/2065;


### (13) ‘media market concentration’ means a concentration as defined in article 3 of regulation (ec) no 139/2004 involving at least one media service provider; ### (13) ‘media market concentration’ means a concentration as defined in article 3 of regulation (ec) no 139/2004 where the merging entities or the target of concentration involves at least one media service provider , and which has a significant impact on the structure of the media market and media pluralism , irrespective of whether it is notifiable to the commission under that regulation or to a competent national competition authority under national merger rules;


### (14) ‘audience measurement’ means the activity of collecting , interpreting or otherwise processing data about the number and characteristics of users of media services for the purposes of decisions regarding advertising allocation or prices or the related planning , production or distribution of content; ### (14) ‘audience measurement’ means the activity of collecting , interpreting and otherwise processing comparable data about the number and characteristics of users of media services and online platforms , to determine a specific audience within the potential audience for the purposes of decisions regarding promotion , publication , advertising allocation or prices or the related planning , buying , selling , production , dissemination or distribution of content;


### (15) ‘state advertising’ means the placement , publication or dissemination , in any media service , of a promotional or self-promotional message , normally in return for payment or for any other consideration , by , for or on behalf of any national or regional public authority , such as national , federal or regional governments , regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level , or any local government of a territorial entity of more than 1 million inhabitants; ### (15) ‘state advertising’ means the placement , promotion , publication , delivery or dissemination , in any media service or online platform , of a promotional or self-promotional message , normally in return for payment or for any other consideration , by , for or on behalf of any national or regional public authority , such as national , federal or regional governments , regulatory authorities or bodies as well as state-owned enterprises or other state-controlled entities at the national or regional level , or any local government of a territorial entity of more than 1 million inhabitants in which the state is involved in the everyday business and has influence or control over advertising strategies;


### (16) ‘spyware’ means any product with digital elements specially designed to exploit vulnerabilities in other products with digital elements that enables the covert surveillance of natural or legal persons by monitoring , extracting , collecting or analysing data from such products or from the natural or legal persons using such products , in particular by secretly recording calls or otherwise using the microphone of an end-user device , filming natural persons , machines or their surroundings , copying messages , photographing , tracking browsing activity , tracking geolocation , collecting other sensor data or tracking activities across multiple end-user devices , without the natural or legal person concerned being made aware in a specific manner and having given their express specific consent in that regard; ### (16) surveillance technologies’ means any electronic , mechanical , or other surveillance device that enable the acquisition of information by monitoring , extracting , collecting or analysing data of any information and communication technology without the natural or legal person concerned being made aware in a specific manner and having given their express specific free and informed consent in that regard;


### terrorism , ### terrorism , as defined in directive (eu) 2017/541 of the european parliament and of the council ,


### recipients of media services in the union shall have the right to receive a plurality of news and current affairs content , produced with respect for editorial freedom of media service providers , to the benefit of the public discourse. ### recipients of media services in the union shall have the right to receive and have access to a plurality of news and current affairs content , in their own language , and related to their own cultural references , produced with respect for editorial freedom of media service providers , to the benefit of the public discourse.


### 3. without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person , member states shall designate an independent authority or body to handle complaints lodged by media service providers or , if applicable , their family members , their employees or their family members , regarding breaches of paragraph 2 , points (b) and (c). media service providers shall have the right to request that authority or body to issue , within three months of the request , an opinion regarding compliance with paragraph 2 , points (b) and (c). ### 3. without prejudice and in addition to the right to effective judicial protection guaranteed to each natural and legal person , member states shall designate an independent authority or body to handle complaints lodged by media service providers or , if applicable , their family members , their employees or their family members , regarding breaches of paragraph 2 , points (b) and (c). media service providers shall have the right to request that authority or body to issue , within three months of the request , an opinion regarding compliance with paragraph 2 , points (b) and (c). each independent authority or body handling complaints under this article shall act with complete independence and remain free from external influence , whether direct or indirect , and shall neither seek nor take instructions from anybody in performing its tasks and exercising its powers in accordance with this regulation.


### 1. public service media providers shall provide in an impartial manner a plurality of information and opinions to their audiences , in accordance with their public service mission. ### 1. member states shall ensure in their national legal framework and conduct that public service media providers provide independently and in an impartial manner a plurality of information and opinions to their audiences , in accordance with their public service remit.


### 1. public service media providers shall provide in an impartial manner a plurality of information and opinions to their audiences , in accordance with their public service mission. ### 1. member states shall ensure that public service media providers shall provide in an independently and impartial manner a plurality of information , diverse content and opinions to their audiences , in accordance with their public service role.


### 3. member states shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. those resources shall be such that editorial independence is safeguarded. ### 3. member states shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service remit and to meet the objectives therein. those resources and the process by which they are allocated shall be such that editorial independence is safeguarded.


### 3. member states shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service mission. those resources shall be such that editorial independence is safeguarded. ### 3. member states shall ensure that public service media providers have adequate and stable financial resources for the fulfilment of their public service role. those resources shall be such that editorial independence is safeguarded.


### 1. media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their services the following information: ### 1. media service providers providing news and current affairs content shall make easily and directly accessible to the recipients of their services including , to the extent possible , to persons with disabilities , the detailed , comprehensive and up-to-date information , for the performance of a task carried out in the public interest:


### the name(s) of their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making; ### their ownership , including their direct or indirect owner(s) with shareholdings enabling them to exercise influence on the operation and strategic decision making;


### the name(s) of their beneficial owners within the meaning of article 3 , point 6 of directive (eu) 2015/849 of the european parliament and of the council. ### the beneficial owners within the meaning of article 3 , point 6 of directive (eu) 2015/849 of the european parliament and of the council.


### 2. without prejudice to national constitutional laws consistent with the charter , media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of individual editorial decisions. in particular , such measures shall aim to: ### 2. without prejudice to national constitutional laws consistent with the charter and national self-regulatory models , media service providers providing news and current affairs content shall take appropriate measures with a view to guaranteeing the independence and pluralism of news and information. in particular , such measures shall aim to:


### guarantee that editors are free to take individual editorial decisions in the exercise of their professional activity; and ### guarantee the independence of editors , so that they are free to take independent editorial decisions in the exercise of their professional activity in line with the media service’s editorial line;


### ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content. ### ensure disclosure of any actual or potential conflict of interest by any party having a stake in media service providers that may affect the provision of news and current affairs content; and


### 3. the obligations under this article shall not apply to media service providers that are micro enterprises within the meaning of article 3 of directive 2013/34/eu. ### deleted


### 5. the commission shall designate a representative to the board. the representative of the commission shall participate in all activities and meetings of the board , without voting rights. the chair of the board shall keep the commission informed about the ongoing and planned activities of the board. the board shall consult the commission in preparation of its work programme and main deliverables. ### 5. the chair of the board shall keep the commission informed about the ongoing and planned activities of the board and in preparation of its work programme and main deliverables.


### 6. the board , in agreement with the commission , may invite experts and observers to attend its meetings. ### 6. the board may invite experts and observers to attend its meetings.


### 8. the board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights , in agreement with the commission. ### 8. the board shall adopt its rules of procedure by a two-thirds majority of its members with voting rights.


### proposal for a ### proposal for a


### the market position of affected economic operators in the concerned sector or sectors; ### deleted


### the geographic area that is and could be affected , including any cross-border impacts on the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the single market; ### the geographic proportion of the single market that is and could be significantly affected by the disruption


### the importance of the affected economic operator in maintaining a sufficient level of supply of the goods or services , taking into account the availability of alternative means for the provision of those goods or services; and ### the critical importance of the affected economic operator in maintaining a necessary level of supply of the goods or services , taking into account the availability of alternative means for the provision of those goods or services; and


### the absence of substitute goods , inputs or services. ### the absence of non-diversifiable and non-substitutable of goods or services of critical importance.


### (8) the framework of measures set out under this regulation should be deployed in a coherent , transparent , efficient , proportionate and timely manner , having due regard to the need to maintain vital societal functions , meaning including public security , safety , public order , or public health respecting , the responsibility of the member states to safeguard national security and their power to safeguard other essential state functions , including ensuring the territorial integrity of the state and maintaining law and order. ### (8) the framework of measures set out under this regulation should be deployed in a coherent , transparent , efficient , proportionate and timely manner , having due regard to the need to maintain vital societal functions , meaning including public security , safety , public order , or public health or the environment respecting , the responsibility of the member states to safeguard national security and their power to safeguard other essential state functions , including ensuring the territorial integrity of the state and maintaining law and order. the framework should also recognise the important role played by social partners in elaborating and implementing contingency measures and ensure full respect for collective bargaining rights and the autonomy of social partners.


### – the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses and citizens during a crisis. ### – the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses , workers and citizens during a crisis.


### (19) article 45 tfeu lays down the right to free movement of workers , subject to the limitations and conditions laid down in the treaties and the measures adopted to give them effect. this regulation contains provisions which complement the existing measures in order to reinforce free movement of persons , increase transparency and provide administrative assistance during single market emergencies. such measures include setting up and making available of the single points of contact to workers and their representatives in the member states and at union level during the single market vigilance and emergency modes under this regulation. ### (19) article 45 tfeu lays down the right to free movement of workers , subject to the limitations and conditions laid down in the treaties and the measures adopted to give them effect. this regulation contains provisions which complement the existing measures in order to preserve free movement of persons , increase transparency and provide administrative assistance during single market emergencies while ensuring the protection and equal treatment of workers when exercising their freedom of movement in times of crisis. such measures should provide that essential and crisis relevant workers exercising their freedom of movement during a single market emergency are guaranteed the same level of protection in terms of health and safety as local workers active in the relevant sector in the receiving member state as well as access to adequate information , including setting up and making available of the single points of contact to workers and their representatives in the member states and at union level during the single market vigilance and emergency modes under this regulation.


### (20) if member states adopt measures affecting free movement of goods or persons , goods or the freedom to provide services in preparation for and during single market emergencies , they should limit such measures to what is necessary and remove them as soon as the situation allows it. such measures should respect the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions. ### (20) if member states adopt measures affecting free movement of goods or persons , goods or the freedom to provide services in preparation for and during single market emergencies , they should limit such measures to what is necessary and remove them as soon as the situation allows it. such measures should respect fundamental human rights as well as the principles of proportionality and non-discrimination and should take into consideration the particular situation of border regions. to ensure the equal treatment of workers when exercising their freedom of movement , member states should allow mobile and cross-border workers to continue crossing their borders to reach their workplace if work in the sector concerned is still allowed in the receiving member state.


### (28) in cases where there are substantial risks to the functioning of the single market or in cases of severe shortages or an exceptionally high demand of goods of strategic importance , measures at union level aimed to ensure the availability of crisis-relevant products , such as priority rated orders , may prove to be indispensable for the return to the normal functioning of the single market. ### (28) in cases where there are substantial risks to the functioning of the single market or in cases of severe shortages or an exceptionally high demand of goods and services of strategic importance , measures at union level aimed to ensure the availability of crisis-relevant products and , where relevant , services , such as priority rated orders , may prove to be indispensable for the return to the normal functioning of the single market.


### (32) additionally , to ensure that crisis-relevant goods are available during the single market emergency , the commission may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant , or the orders of such final goods themselves. should an economic operator refuse to accept and prioritise such orders , following objective evidence that the availability of crisis-relevant goods is indispensable , the commission may decide to invite the economic operators concerned to accept and prioritise certain orders , the fulfilment of which will then take precedence over any other private or public law obligations. in the event of failure to accept , the operator in question should explain its legitimate reasons for declining the request. the commission may make such reasoned explanation or parts of it public , with due regard to business confidentiality. ### (32) additionally , to ensure that crisis-relevant goods are available during the single market emergency , the commission , after consulting the advisory group , and as a measure of a last resort , may invite the economic operators that operate in crisis-relevant supply chains to prioritise the orders of inputs necessary for the production of final goods that are crisis relevant , or the orders of such final goods themselves. should an economic operator refuse to accept and prioritise such orders , following objective evidence that the availability of crisis-relevant goods is indispensable , the commission may decide to invite the economic operators concerned to accept and prioritise certain orders , the fulfilment of which will then take precedence over any other private or public law obligations. in the event of failure to accept , the operator in question should explain its legitimate reasons for declining the request. the commission should make such reasoned explanation or parts of it public , with due regard to business confidentiality.


### (35) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the possibility to adopt supportive measures for facilitating free movement of persons , for establishing a list of individual targets (quantities and deadlines) for those strategic reserves that the member states should maintain , so that the objectives of the initiative are achieved. furthermore , implementing powers should be conferred on the commission as regards activating the vigilance mode and vigilance measures in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. moreover , implementing powers should be conferred on the commission as regards activation of specific emergency response measures at the time of a single market emergency , to allow for a rapid and coordinated response. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council. ### (35) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the possibility to adopt supportive measures for facilitating free movement of persons , including the protection of workers exercising this right , for establishing a list of targets (quantities and deadlines) for those strategic reserves that the member states should maintain , so that the objectives of the initiative are achieved. furthermore , the vigilance mode and the vigilance measures should be jointly activated by the council and the european parliament as the legitimate decision-makers under the eu treaties. the decision for its activation should be based on a proposal made by the commission and promptly adopted jointly by both the european parliament and the council. the european parliament and the council should be equally involved in adoption of vigilance decisions and measures. in order to ensure appropriate public scrutiny , the single market vigilance mode activating the vigilance mode and vigilance measures are important in order to carefully monitor the strategic supply chains and coordinate the building up of strategic reserves for goods and services of strategic importance. moreover , implementing powers should be conferred on the commission as regards activation of specific emergency response measures at the time of a single market emergency , to allow for a rapid and coordinated response. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council.


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


### consulting the representatives of economic operators , including smes , and industry to collect market intelligence; ### consulting the representatives of trade unions , economic operators , including smes , and industry to collect market intelligence and to better understand the social impacts of the potential crisis and to anticipate implications on the labour market;


### consulting the representatives of economic operators , including smes , and industry to collect market intelligence; ### consulting the representatives of trade unions , economic operators , including smes , and industry to collect market intelligence and to better understand the social impacts of the potential crisis and to anticipate implications for the european industry and on the labour market;


### maintaining a repository of national and union crisis measures that have been used in previous crises that have had an impact on the single market and its supply chains ### maintaining a repository of national and union crisis measures that have been used in previous crises that have had an impact on the single market and its supply chains and identify strategic supply chains and key goods and services in the internal market that are necessary for the maintenance of vital societal or economic activities of the european industry as part of the single market protection and resilience assessments report in article 9.


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


### 1. where the commission , taking into consideration the opinion provided by the advisory group , considers that the threat referred to in article 3(2) is present , it shall activate the vigilance mode for a maximum duration of six months by means of an implementing act. such an implementing act shall contain the following: ### 1. where the commission , taking into consideration the criteria referred to in article 8(3) as well as the opinion provided by the advisory group , considers that the threat referred to in article 3(2) is present , it shall submit a proposal to the european parliament and the council to activate the vigilance mode for a maximum duration of six months a decision , which the european parliament and the council may adopt jointly within 14 days after the transmission of the commission’s proposal to them. such a decision shall contain the following:


### 2. the implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in article 41(2). ### 2. the implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in article 41(2). the commission shall report any activation of the vigilance mode to the european parliament and the council without undue delay.


### 2. the implementing act referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in article 41(2). ### 2. the activation of the vigilance mode shall be accompanied by a crisis preparation and single market protection and resilience assessments report. the report shall be made available to the european parliament and the advisory group and include the main identified weaknesses and risks , as well as specific recommendations for preventive measures and remedial actions. a summary of the report shall be made publicly available.


### the commission may , among the goods of strategic importance listed in an implementing act adopted pursuant to article 9(1) , , identify those for which it may be necessary to build a reserve in order to prepare for a single market emergency , taking into account the probability and impact of shortages. the commission shall inform the member states thereof. ### the commission may , after consulting the european parliament and the council , among the goods of strategic importance listed in a decision adopted pursuant to article 9(1) , identify those for which it may be necessary to build a reserve in order to prepare for a single market emergency , taking into account the probability and impact of shortages. the commission shall inform the member states thereof.


### the commission may adopt an implementing act , requiring the member state in question to build up its strategic reserves of the goods concerned by a set deadline. ### the commission may adopt an implementing act , requiring the member state in question to build up its strategic reserves of the goods concerned or , where relevant , services.


### 4. member states shall inform citizens , consumers , businesses , workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner. ### 4. member states shall inform citizens , consumers , businesses , workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner. the information provided is made public and easily accessible electronically.


### 6. when a single market emergency has been activated in accordance with article 14 and exceptional circumstances resulting from the crisis do not allow all service providers , business representatives and workers from other member states to travel and to have unhindered access to their place of activity or workplace , but travelling is still possible , member states shall not impose travel restrictions , on: ### 6. when a single market emergency has been activated in accordance with article 14 and exceptional circumstances resulting from the crisis do not allow all service providers , business representatives and workers from other member states to travel and to have unhindered access to their place of activity or workplace , but travelling is still possible , member states shall not impose travel restrictions , on the following categories of persons , provided that their health and safety can be ensured on the basis of equal treatment with persons in a comparable situation in the relevant sector of the receiving member state:


### 2. if an economic operator does not accept and prioritise priority rated orders , the commission may , at its own initiative or at the request of 14 member states , assess the necessity and proportionality of resorting to priority rated orders in such cases , the commission shall give the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order , the opportunity to state their position within a reasonable time limit set by the commission in light of the circumstances of the case. in exceptional circumstances , following such an assessment , the commission may address an implementing act to the economic operator concerned , requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. the commission’s decision shall be based on objective data showing that such prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the single market ### 2. if an economic operator does not accept and prioritise priority rated orders , the commission and the advisory group may , at its own initiative or at the request of 14 member states , assess the necessity and proportionality of resorting to priority rated orders. the economic operator concerned as well as any parties demonstrably affected by the potential priority rated order , shall have the opportunity to appeal and state their position within a reasonable time limit set by the commission in light of the circumstances of the case. in exceptional circumstances , where prioritisation is indispensable to ensure the maintenance of vital societal economic activities in the single market , the commission may based on objective data and clear evidence and after taking into account the information provided by the economic operator , address an implementing act to the economic operator concerned , requiring it to either accept and prioritise the priority rated orders specified in the implementing act or explain why it is not possible or appropriate for that operator to do so. . if the commission’s decision requires the economic operator to accept and prioritise the priority related orders , it shall also evaluate the possibility to foresee public economic support to compensate losses or to boost production in case of emergency for the relevant economic operator , in particular if it is small or medium size enterprise smes , which produces critical goods but doesn’t have the capacity to supply them in critical situations.


### 2. fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 eur. ### 2. fines imposed in the cases referred to in paragraph 1 (a) and (b) shall not exceed 200 000 eur , if the economic operator concerned is an sme and 500 000 eur for other economic operators.


### 3. where the commission agrees to procure on behalf of the member states , it shall draw up a proposal for a framework agreement to be concluded with the participating member states allowing the commission to procure on their behalf. this agreement shall lay down the detailed conditions for the procurement on behalf of the participating member states referred to in paragraph 1. ### 3. where the commission agrees to procure on behalf of the member states , it shall draw up a proposal for a framework agreement to be concluded with the participating member states allowing the commission to procure on their behalf. this agreement shall lay down the detailed conditions for the procurement on behalf of the participating member states referred to in paragraph 1. any changes occurred after the signature of the agreement by member states shall be timely and duly notified. if such changes have a disproportionate effect on the original agreement , the european commission shall provide a new impact assessment and an addendum to the original agreement to be signed.


### (29) in order to leverage the purchasing power and negotiating position of the commission during the single market vigilance mode and the single market emergency mode , member states should be able to request the commission to procure on their behalf. ### (29) in order to leverage the purchasing power and negotiating position of the commission during the single market vigilance mode and the single market emergency mode , member states should be able to request the commission to procure on their behalf. to this end , the commission should choose environmental and social award criteria that allow them to choose the best price-quality ratio. with a view to an appropriate integration of environmental , social and labour requirements into public procurement procedures it is of particular importance that the commission take relevant measures to ensure compliance with obligations in the fields of environmental , social and labour european law and , where relevant , laws , regulations , decrees and decisions , at both national and union level , as well as from collective agreements , provided that such rules , and their application , comply with union law.


### 8. the advisory group shall meet at least three times a year. at its first meeting , on a proposal by and in agreement with the commission , the advisory group shall adopt its rules of procedure. ### 8. the advisory group shall meet at least three times a year. at its first meeting , on a proposal by and in agreement with the commission , the advisory group shall adopt its rules of procedure. the minutes of the advisory group meetings shall be published as soon as they have been approved by the advisory group.


### an assessment of the potential impact of the crisis; ### an assessment of the potential impact and scope of the crisis , as well as the potential impact of the crisis on human rights and the public interest , public health and/or public security both for the eu and for the individual member state affected by the crisis;


### article 10 ### deleted


### the commission may require , by means of implementing acts , that the member states provide information on the goods listed in an implementing act adopted pursuant to article 9(1) , as regards all of the following: ### the commission may require , by means of implementing acts , that the member states provide information on the goods and where applicable services listed in a decision adopted pursuant to article 9(1) , as regards all of the following:


### further information that could ensure the availability of such goods. ### further information that could ensure the availability of such goods or where relevant services;


### the implementing act shall specify the goods for which information is to be given. ### the implementing act shall specify the goods for which information is to be given , the impact on member states and the estimated costs.


### member states shall report to the commission the levels of strategic reserves of goods of strategic importance held by them , and the levels of other stocks of such goods held on their territory. ### member states shall report to the commission the levels of strategic reserves of goods of strategic importance held by them.


### 3. taking due account of stocks held or being built up by economic operators on theirterritory , member states shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. the commission shall provide support to member states to coordinate and streamline their efforts. ### 3. taking due account of stocks held or being built up by economic operators on theirterritory , member states shall deploy their best efforts to build up strategic reserves of the goods of strategic importance identified in accordance with paragraph 1. where requested by the advisory group , the commission shall provide support to member states to coordinate and streamline their efforts.


### 4. where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among member states , the commission may draw up and regularly update , by means of implementing acts , a list of individual targets regarding the quantities and the deadlines for those strategic reserves that the member states should maintain. when setting the individual targets for each member state , the commission shall take into account: ### 4. where the building of strategic reserves of goods of strategic importance identified pursuant to paragraph 1 can be rendered more effective by streamlining among member states , the commission may draw up and regularly update , by means of implementing acts , a list of individual targets. when setting the individual targets for each member state , the commission shall take into account:


### the probability and impact of shortages referred in paragraph 1; ### the probability and impact of shortages referred in paragraph 1 and measures taken to increase stocks ;


### the costs for building and maintaining such strategic reserves. ### the costs and potential negative impact for building and maintaining such strategic reserves , both for member states and for the economic operators , in particular for smes.


### 5. the member states shall regularly inform the commission about the current state of their strategic reserves. where a member state has reached the individual targets referred to in paragraph 4 , it shall inform the commission if it has at its disposal any stocks of the goods in question in excess of their target. the member states whose reserves have not reached the individual targets shall explain to the commission the reasons for this situation. the commission shall facilitate cooperation between the member states which have already reached their targets and the other member states. ### 5. the member states shall regularly inform the commission about the current state of their strategic reserves. where a member state has reached the individual targets referred to in paragraph 4 , it shall inform the commission if it has at its disposal any stocks of the goods in question in excess of their target. the member states whose reserves have not reached the individual targets shall provide a written explanation , to the commission justifying the reasons for this situation. the commission may facilitate cooperation between the member states which have already reached their targets and the other member states.


### following such an assessment , where the commission establishes , supported by objective data , that ### following such an assessment , where the commission establishes , supported , by objective data and clear evidence , that


### access to the concerned good is indispensable to ensure preparedness for a single market emergency ### access to the concerned good is indispensable to ensure the maintenance of vital societal or economic activities and preparedness for a single market emergency


### the member state concerned has not provided sufficient evidence to explain the failure to meet the individual target , and ### the member state concerned has not provided sufficient evidence to justify and explain why they have not meet the individual target , and


### exceptional circumstances exist , in that the failure by that member state , considering its importance to the supply chain concerned , to build up such strategic reserves gravely imperils the union’s preparedness in the face of an impending threat of a single market emergency , ### exceptional circumstances exist to build up such strategic reserves , which will gravely imperils the union’s preparedness in the face of an impending threat of a single market emergency ,


### when acting under this article , the commission shall seek to ensure that the building up of strategic reserves does not create a disproportionate strain on the supply chains of the goods identified in accordance to paragraph 1 , or on the fiscal capacity of the member state concerned. ### when acting under this article , the commission shall seek to ensure that the building up of strategic reserves does not create unjustified and disproportionate strain on the supply chains of the goods or , where relevant , services identified in accordance to paragraph 1 , on the fiscal capacity of the member state concerned , on the capacity of the union industrial sectors and on the labour market.


### the commission shall take fully into account any national security concerns raised by member states. ### the commission shall take fully into account any public health , safety and national security concerns raised by member states.


### 1. the commission may invite one or more economic operators in crisis-relevant supply chains established in the union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’). ### 1. the commission and the advisory group , based on its impact assessment , objective and available data , and after providing a detailed justification , as a measure of a last resort , may invite one or more economic operators in crisis-relevant supply chains established in the union to accept and prioritise certain orders for the production or supply of crisis-relevant goods (‘priority rated order’).


### 7. where an economic operator accepts and prioritises a priority rated order , it shall not be liable for any breach of contractual obligations governed by the law of a member state that is required to comply with the priority rated order. liability shall be excluded only to the extent the violation of contractual obligations is necessary for compliance with the required prioritisation. ### 7. where an economic operator accepts and prioritises a priority rated order , it shall not be liable for any breach of contractual obligations governed by the law of a member state or third country that is required to comply with the priority rated order. liability shall be excluded only to the extent the violation of contractual obligations is necessary for compliance with the required prioritisation.


### where a representative organisation of economic operators or an economic operator , intentionally or through gross negligence , supplies incorrect , incomplete or misleading information in response to a request made pursuant to article 24 , or does not supply the information within the prescribed time limit; ### where a representative organisation of economic operators or an economic operator , intentionally or through gross negligence , supplies incorrect , incomplete or misleading information in response to a request made pursuant to article 24 , within the prescribed time limit;


### 2. the time shall begin to run on the day on which the commission becomes aware of the infringement. however , in case of continuous or repeated infringements , time shall begin to run on the day on which the infringement ceases ### 2. the time shall begin to run on the day on which the infringement starts to take place . however , in case of continuous or repeated infringements , time shall begin to run on the day on which the infringement ceases


### 4. the rights of defence of the economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. the economic operator or representative organisations of economic operators concerned shall be entitled to have access to the commission's file under the terms of a negotiated disclosure , subject to the legitimate interest of economic operators in the protection of their business secrets. the right of access to the file shall not extend to confidential information and internal documents of the commission or the authorities of the member states. in particular , the right of access shall not extend to correspondence between the commission and the authorities of the member states. nothing in this paragraph shall prevent the commission from disclosing and using information necessary to prove an infringement. ### 4. the rights of defence of the economic operator or representative organisations of economic operators concerned shall be fully respected in any proceedings. the economic operator or representative organisations of economic operators concerned shall be entitled to have access to the commission's file under the terms of a negotiated disclosure , subject to the legitimate interest of economic operators in the protection of their business secrets. the right of access to the file shall not extend to confidential information and internal documents of the commission or the authorities of the member states. nothing in this paragraph shall prevent the commission from disclosing and using information necessary to prove an infringement.


### 2. the commission shall assess the utility , necessity and proportionality of the request. where the commission intends not to follow the request , it shall inform the member states concerned and the advisory group referred to in article 4 and give reasons for its refusal. ### 2. the commission shall assess the utility , necessity and proportionality of the request. where the commission intends not to follow the request , it shall inform the member states concerned and the advisory group referred to in article 4 and give reasons for its refusal based on an impact assessment.


### 3. representatives of the commission or experts nominated by the commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods. ### 3. representatives of the commission or experts nominated by the commission may carry out on-site visits at the locations of production facilities of relevant goods of strategic importance or crisis-relevant goods. the representatives of the commission should also keep into consideration the environmental , social and labour criteria when awarding a contract , and therefore these criteria should be verified during the visits.


### when the single market emergency mode has been activated pursuant to article 14 , member states shall consult each other and the commission and coordinate their actions with the commission and the representatives of the other member states in the advisory group prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to article 14(5) in accordance with directive 2014/24/eu of the european parliament and of the council55. ### when the single market emergency mode has been activated pursuant to article 14 , the european commission shall coordinate the consultation and the actions between member states , in cooperation with the advisory group , in order to ensure that all member states are duly involved in the process and to avoid imbalances , prior to launching procurement of crisis-relevant goods and services listed in an implementing act adopted pursuant to article 14(5) in accordance with directive 2014/24/eu of the european parliament and of of the council55.


### the commission and the member states may set up interoperable digital tools or it infrastructures supporting the objectives of this regulation. such tools or infrastructures may be developed outside the duration of the single market emergency. ### the commission and the member states may set up interoperable digital tools or it infrastructures supporting the objectives of this regulation. such tools or infrastructures shall be developed outside the duration of the single market emergency and shall be active in order to respond to possible emergencies in a timely and efficient manner.


### the commission shall , by means of implementing acts , set out the technical aspects of such tools or infrastructures. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(2). ### the commission shall , by means of implementing acts , set out the technical aspects , applicable standards and interoperability requirements of such tools or infrastructures. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(2).


### (18) in order to ensure that the level of safety provided by the harmonised products is not compromised , it is necessary to provide for rules for enhanced market surveillance , in particular with respect to goods designated as crisis-relevant and including by enabling closer cooperation and mutual support among the market surveillance authorities. ### (18) in order to ensure that the level of safety provided by the harmonised products is not compromised , it is necessary to provide for rules for enhanced market surveillance , in particular with respect to goods designated as crisis-relevant and including by enabling closer cooperation and mutual support among the market surveillance authorities. social partners should be duly consulted in order to ensure the respect of all relevant rules and standards , including on the manufacturing process of harmonised products at all times.


### the manufacturer of equipment subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the equipment concerned complies with all the applicable requirements concerning the noise emission in the environment of this directive and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority. ### the manufacturer of equipment subject to the authorisation procedure referred to in paragraph 1 shall declare on his sole responsibility that the equipment concerned complies with all the applicable requirements concerning the noise emission in the environment of this directive and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the national competent authority. where due to the nature of the product this cannot reasonably be expected , the traceability of the product for the economic operator , the competent national authority as well as the seller shall be ensured.


### 5. by way of derogation fromarticles 6 and 11 , equipment , for which an authorisation has been granted in accordance with paragraph 1 of this article shall not benefit from free movement across the union and shall not bear the ce marking. the market surveillance authorities are not required to recognise the validity of authorisations issued by the competent national authorities of another member state. ### 5. by way of derogation from articles 6 and 11 , equipment , for which an authorisation has been granted in accordance with paragraph 1 of this article shall only benefit from free movement across the union if traceability has been ensured by the economic operator. the product in question shall not bear the ce marking. the market surveillance authorities are not required to recognise the validity of authorisations issued by the competent national authorities of another member state.


### article 21epresumption of conformity based on national and international standards ### article 21e


### member states shall take all appropriate measures to ensure that , for the purposes of placing on the market or putting into service , their competent authorities consider that the machinery which complies with of relevant international standards or any national standards in force in the member state of manufacture , ensuring the safety level required by the essential health and safety requirements set out in annex i , complies with those essential health and safety requirements in either of the following cases: ### member states shall take all appropriate measures to ensure that , for the purposes of placing on the market or putting into service , their competent authorities consider that the machinery which complies with of relevant national standards in force in the member state of manufacture , ensuring the safety level required by the essential health and safety requirements set out in annex i , complies with those essential health and safety requirements in either of the following cases:


### (4) a dedicated short-term instrument , designed in a spirit of solidarity , was indicated as a tool to incentivise member states , on a voluntary basis , to pursue common procurement to fill the most urgent and critical gaps , especially those created by the response to the current russia’s aggression , in a collaborative way. ### (4) a dedicated short-term instrument , designed in a spirit of solidarity , was indicated as a tool to incentivise member states , on a voluntary basis , to pursue common procurement to fill the most urgent and critical gaps , especially those created by the response to the current russia’s aggression , in a collaborative way , and allow and incentivise further military assistance to ukraine.


### (5) such a new instrument will contribute to reinforce common defence procurement and , through the associated union financing , to strengthen eu defence industrial capabilities. ### (5) such a new instrument will contribute to reinforce common defence procurement , in particular , achieving the 35% aim of total defence equipment spending for procurement in cooperation with other member states and , through the associated union financing , to strengthen eu defence industrial capabilities in a cost-efficient manner that utilises economies of scale.


### (5) such a new instrument will contribute to reinforce common defence procurement and , through the associated union financing , to strengthen eu defence industrial capabilities. ### (5) such a new instrument will contribute to reinforce common defence procurement and , through the associated union financing , to strengthen eu defence industrial capabilities and contribute to achieving the union’s objectives for strategic autonomy


### (16) as the instrument aims to enhance the competitiveness and efficiency of the union’s defence industry , to benefit from the instrument , common procurement contracts will need to be placed with legal entities which are established in the union or in associated countries and are not subject to control by non-associated third countries or by non-associated third-country entities. in that context , control should be understood to be the ability to exercise a decisive influence on a legal entity directly , or indirectly through one or more intermediate legal entities. additionally , in order to ensure the protection of essential security and defence interests of the union and its member states , the infrastructure , facilities , assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a member state or of an associated third country. ### (16) as the instrument aims to enhance the competitiveness and efficiency of the union’s defence industry , to benefit from the instrument , common procurement contracts will need to be placed with contractors or subcontractors which are established in the union or in associated countries and are not subject to control by non-associated third countries or by non-associated third-country entities. in that context , control should be understood to be the ability to exercise a decisive influence on contractors or subcontractors directly , or indirectly through one or more intermediate legal entities. additionally , in order to ensure the protection of essential security and defence interests of the union and its member states , the infrastructure , facilities , assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a member state or of an associated third country.


### (16) as the instrument aims to enhance the competitiveness and efficiency of the union’s defence industry , to benefit from the instrument , common procurement contracts will need to be placed with legal entities which are established in the union or in associated countries and are not subject to control by non-associated third countries or by non-associated third-country entities. in that context , control should be understood to be the ability to exercise a decisive influence on a legal entity directly , or indirectly through one or more intermediate legal entities. additionally , in order to ensure the protection of essential security and defence interests of the union and its member states , the infrastructure , facilities , assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a member state or of an associated third country. ### (16) as the instrument aims to enhance the competitiveness and efficiency of the union’s defence industry , to benefit from the instrument , common procurement contracts will need to be placed with legal entities which are established in the union or in associated countries and are not subject to control by non-associated third countries or by non-associated third-country entities. in that context , control should be understood to be the ability to exercise a decisive influence on a legal entity directly , or indirectly through one or more intermediate legal entities. additionally , in order to ensure the protection of essential security and defence interests of the union and its member states , the infrastructure , facilities , assets and resources of the contractors and subcontractors involved in the common procurement which are used for the purposes of the common procurement shall be located on the territory of a member state or of an associated third country. european defence policy should accordingly be geared to optimising the capabilities of all member states and promoting research and technological cooperation to ensure coordinated development.


### (17) in certain circumstances , it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the instrument are not subject to control by non-associated third countries or non associated third-country entities. in that context , a legal entity established in the union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor and subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the union and its member states , as established in the framework of the common foreign and security policy pursuant to title v of the treaty on european union (teu) , including in terms of strengthening the european defence technological and industrial base , are fulfilled. ### (17) in certain circumstances , it should be possible to derogate from the principle that contractors and subcontractors involved in a common procurement supported by the instrument are not subject to control by non-associated third countries or non associated third-country entities. in that context , a contractor or subcontractor established in the union or in an associated third country and controlled by a non-associated third country or a non-associated third country entity may participate as contractor or subcontractor involved in the common procurement if strict conditions relating to the security and defence interests of the union and its member states , as established in the framework of the common foreign and security policy pursuant to title v of the treaty on european union (teu) , including in terms of strengthening the european defence technological and industrial base , are fulfilled.


### (18) furthermore , the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to control or restriction by a non-associated third country or a non-associated third country entity. ### (18) furthermore , the common procurement procedures and contracts shall also include a requirement for the defence product to not be subject to controls or restrictions by a non-associated third country or a non-associated third country entity , in particular those that contravene the security and defence interests of the union and its member states and limit member states’ ability to use it.


### (21) to generate the incentive effect , the level of union contribution may be differentiated based on factors such as (a) the complexity of the common procurement , for which a proportion of the anticipated size of the procurement contract , based on experience gained in similar actions , may serve as an initial proxy , (b) the characteristics of the cooperation , such as joint usage , stockpiling , ownership or maintenance , which are likely to induce stronger interoperability outcomes and long-term investment signals to industry , and (c) the number of participating member states or associated countries or the inclusion of additional member states or associated countries to existing cooperations. ### (21) to generate the incentive effect , the level of union contribution may be differentiated based on factors such as (a) the complexity of the common procurement , for which a proportion of the anticipated size of the procurement contract , based on experience gained in similar actions , may serve as an initial proxy , (b) the number of participating member states or associated countries or the inclusion of additional member states or associated countries to existing cooperations.


### (2) the unjustified invasion of ukraine by the russian federation on 24 february 2022 and the ongoing armed conflict in ukraine has made it clear that it is critical to act now to address the existing shortfalls it has led to the return of high-intensity warfare and territorial conflict in europe , requiring a significant increase in the capacity of member states to fill the most urgent and critical gaps , especially those exacerbated by the transfer of defence products to ukraine. ### (2) the unjustified invasion of ukraine by the russian federation on 24 february 2022 and the ongoing armed conflict in ukraine has made it clear that it is critical to act now to address the existing shortfalls it has led to the return of high-intensity warfare and territorial conflict in europe , requiring a significant increase in the capacity of member states to fill the most urgent and critical gaps , especially those exacerbated by the transfer of defence products to ukraine. the context of the ongoing armed conflict in ukraine generates serious security threats for member states bordering ukraine , resulting also in the necessity for increased budgetary allocations to strengthen defence capacities;


### (7) in the current defence market context , marked by an increased security threat and the realistic perspective of a high intensity conflict , member states are rapidly increasing their defence budgets and aiming at similar purchases. this results in an amount of demand which exceeds european defence technological and industrial base manufacturing capacities , currently tailored for peace time. ### (7) in the current defence market context , marked by an increased security threat and the realistic perspective of a high intensity conflict , member states are rapidly increasing their defence budgets and aiming at similar purchases. this results in an amount of demand which exceeds european defence technological and industrial base manufacturing capacities , currently tailored for peace time , necessitating the use of cutting-edge technologies to produce high-performance military and security capacity designed to place the eu as far ahead as possible in strategic terms.


### (8) as a result , strong price inflation can be anticipated , as well as longer delays in delivery time , potentially harming the security of the union and its member states. defence industries need to secure the production capacity necessary to process orders , as well as critical raw materials and sub-components. in this context producers might privilege major orders , potentially leaving exposed the most vulnerable countries , lacking the critical size and financial means to ensure large orders. ### (8) as a result , strong price inflation can be anticipated , as well as longer delays in delivery time , potentially harming the security of the union and its member states. defence industries need to secure the production capacity necessary to process orders , as well as critical raw materials and sub-components. in this context producers might privilege major orders , potentially leaving exposed the most vulnerable eu member states , lacking the critical size and financial means to ensure large orders in the short term.


### (8) as a result , strong price inflation can be anticipated , as well as longer delays in delivery time , potentially harming the security of the union and its member states. defence industries need to secure the production capacity necessary to process orders , as well as critical raw materials and sub-components. in this context producers might privilege major orders , potentially leaving exposed the most vulnerable countries , lacking the critical size and financial means to ensure large orders. ### (8) as a result , strong price inflation can be anticipated , as well as longer delays in delivery time , potentially harming the security of the union and its member states. defence industries need to secure the production capacity necessary to process orders , as well as critical raw materials and sub-components. in this context producers might privilege major orders , potentially leaving exposed the most vulnerable countries lacking the critical size and financial means to ensure large orders. it is therefore necessary to establish clear criteria for the allocation of european funding as effectively as possible.


### (9) furthermore , efforts should be made so that the increased spending results in a much stronger european defence technological and industrial base. indeed , without coordination and cooperation , the increased national investments are likely to deepen the fragmentation of the european defence industry. ### (9) furthermore , efforts should be made so that the increased spending results in a much stronger , coordinated and interoperable european defence technological and industrial base. indeed , without coordination and cooperation , the increased national investments are likely to deepen the fragmentation of the european defence industry exposing the eu further to external dependencies.


### (9) furthermore , efforts should be made so that the increased spending results in a much stronger european defence technological and industrial base. indeed , without coordination and cooperation , the increased national investments are likely to deepen the fragmentation of the european defence industry. ### (9) furthermore , efforts should be made so that the increased spending results in a much stronger european defence technological and industrial base , this being essential if europe is to be able to guarantee the safety of its citizens. indeed , without coordination and cooperation , the increased national investments are likely to deepen the fragmentation of the european defence industry.


### (11) common investment and defence procurement should in particular be incentivised , as such collaborative actions would ensure that the necessary changes in the eu industrial base takes place in a collaborative manner , avoiding further fragmentation of the industry. ### (11) common investment and defence procurement should in particular be incentivised , as such collaborative actions would ensure that the necessary changes in the eu industrial base takes place in a collaborative manner , avoiding further fragmentation of the industry. moreover , common investments should be focused also on building common defence production capacities , aimed at consolidating the eu industrial base , addressing the most critical needs , ensuring interoperability , and providing a long term perspective for the european industry’s competitiveness.


### (11) common investment and defence procurement should in particular be incentivised , as such collaborative actions would ensure that the necessary changes in the eu industrial base takes place in a collaborative manner , avoiding further fragmentation of the industry. ### (11) common investment and defence procurement should in particular be incentivised , as such collaborative actions would ensure that the necessary changes in the eu industrial base takes place in a collaborative manner , avoiding further fragmentation of the industry , therefore benefiting the security of eu citizens as well as the edtib.


### (23) in accordance with article 193(2) of the financial regulation , a grant may be awarded for an action which has already begun , provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. however , financial contribution should not cover a period prior to the date of submission of the grant application , except in duly justified exceptional cases. in order to avoid any disruption in union support which could be prejudicial to the interests of the union , it should be possible to provide in the financing decision for financial contributions to actions that cover a period from the 24 february 2022 , even if they have started before the grant application was submitted. ### (23) in accordance with article 193(2) of the financial regulation , a grant may be awarded for an action which has already begun , provided that the applicant can demonstrate the need for starting the action prior to signature of the grant agreement. however , financial contribution should not cover a period prior to the date of submission of the grant application , except in duly justified exceptional cases. in order to avoid any disruption in union support which could be prejudicial to the interests of the union , it should be possible to provide in the financing decision for financial contributions to actions that cover a period from the 24 february 2022 , even if they have started before the grant application was submitted and as long as it can be demonstrated that the prospect of eu funding incentivised cooperation between the member states concerned. such retroactive elegibility is justified by russia's war of aggression against ukraine and should not be extended to other programmes.


### 2. the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the instrument , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems. ### 2. the amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the instrument , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems , and specific criteria shall be established for the amount to be allocated to each of the implementing activities.


### 2. the eu funding shall incentivize the cooperation between member states to fulfil the objectives referred to in article 3. the financial contribution shall be set up taking into consideration the collaborative nature of the common procurement plus an appropriate amount to create the incentive effect necessary to induce cooperation. ### 2. the eu funding shall incentivize the cooperation between member states and between member states and third countries mentioned at article 5 herein to fulfil the objectives referred to in article 3 and shall contribute to the modernization of the european defence industry. the financial contribution shall be set up taking into consideration the collaborative nature of the common procurement plus an appropriate amount to create the incentive effect necessary to induce cooperation.


### (6) reinforcing the european defence technological and industrial base should therefore be at the core of those efforts. indeed difficulties and gaps still exist and the european defence industrial base remains highly fragmented , lacking sufficient collaborative action and inter-operability of products. ### (6) reinforcing the european defence technological and industrial base should therefore be at the core of those efforts. indeed difficulties and gaps still exist and the european defence industrial base remains highly fragmented , lacking sufficient collaborative action and inter-operability of products. in view of the current situation in europe arising from the threat to its security , it is essential to earmark european funding for the relaunching of defence contractors in all eu member states in order to sustain and increase eu defence capability , while ensuring that the allocated funding is spent efficiently and effectively.


### (13) the short term instrument should offset the complexity and risks associated with such joint actions while allowing economies of scale in the actions undertaken by member states to reinforce and modernise the european technological and industrial base , increasing thereby the union’s capacity resilience and security of supply. incentivizing common procurement would also result into diminished costs in terms of exploitation , maintenance and withdrawal of the systems. ### (13) the short term instrument should offset the complexity and risks associated with such joint actions while allowing economies of scale in the actions undertaken by member states to reinforce and modernise the european technological and industrial base , increasing thereby the union’s capacity resilience and security of supply. incentivizing common procurement would also result into diminished costs in terms of exploitation , maintenance and withdrawal of the systems and will encourage cooperation between eu member states , leading to increased solidarity , greater interoperability and more efficient public spending.


### (1) ‘common procurement’ means a cooperative procurement jointly conducted by at least three member states; ### (1) 'common procurement’ means a cooperative procurement jointly conducted by at least three member states; 'common procurement' refers to the adoption of a joint system of procurement and not procurement itself;


### 1. member states or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. the procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating member states. ### 1. member states or associated third countries shall appoint a procurement agent to act on their behalf for the purpose of the common procurement. the procurement agent shall carry out the procurement procedures and conclude the resulting agreements with contractors on behalf of the participating member states as specified.


### 4. the work programme shall set out the funding priorities in line with the needs referred to in article 3 paragraph 2. ### 4. the work programme shall set out the funding priorities in line with the needs referred to in article 3 paragraph 2 , providing justification for the release of funds.


### (7) neither the reference provisions laid down by decision no 768/2008/ec , nor the specific provisions laid down by the sectoral nionu harmonisation legislation provide for procedures designed to apply in crisis. it is appropriate to introduce targeted adjustments to those regulations , aimed at preparing and responding to impacts of crises affecting products that have been designated as crisis-relevant goods and covered by those regulations. ### (7) neither the reference provisions laid down by decision no 768/2008/ec , nor the specific provisions laid down by the sectoral union harmonisation legislation provide for procedures designed to apply in crisis. it is appropriate to introduce targeted adjustments to those regulations , aimed at preparing and responding to impacts of crises affecting products that have been designated as crisis-relevant goods and covered by those regulations.


### (18) in order to ensure that the level of safety provided by the harmonised products is not compromised , it is necessary to provide for rules for enhanced market surveillance , in particular with respect to goods designated as crisis-relevant and including by enabling closer cooperation and mutual support among the market surveillance authorities. ### (18) in order to ensure that the level of safety provided by the harmonised products is not compromised , it is necessary to provide for rules for enhanced market surveillance , in particular with respect to goods designated as crisis-relevant and including by enabling closer cooperation and mutual support among the market surveillance authorities. social partners should be duly consulted in order to ensure the respect of all relevant rules and standards , including on the manufacturing process of harmonised products at all times.


### the manufacturer shall also deploy all reasonable measures to ensure that the subsystem or safety component , which has been granted an authorisation pursuant to paragraph 1 , does not leave the territory of the member state , which issued the authorisation. ### the manufacturer shall also deploy all reasonable measures to ensure that the subsystem or safety component , which has been granted an authorisation pursuant to paragraph 1 , does not leave the territory of the member state , which issued the authorisation. where due to the nature of the product this cannot reasonably be expected , the traceability of the product for the economic operator , the competent national authority as well as the seller shall be ensured.