### (29) in order to ensure transparency and public participation , the commission should engage with all interested stakeholders. to that end , the commission should closely cooperate with stakeholders including private and public actors , such as bodies governed by public laws of the educational or health sector , and consult them on measures to accelerate the digital transformation at union level. the involvement of stakeholders would be important at the level of member states as well , in particular when adopting their national digital decade strategic roadmaps and their adjustments. ### (29) in order to ensure transparency and public participation , the commission should engage with all interested stakeholders , including the social partners. to that end , the commission should closely cooperate with stakeholders including private and public actors , such as bodies governed by public laws of the educational or health sector , and consult them on measures to accelerate the digital transformation at union level. the involvement of stakeholders would be important at the level of member states as well , in particular when adopting their national digital decade strategic roadmaps and their adjustments.


### (29) in order to ensure transparency and public participation , the commission should engage with all interested stakeholders. to that end , the commission should closely cooperate with stakeholders including private and public actors , such as bodies governed by public laws of the educational or health sector , and consult them on measures to accelerate the digital transformation at union level. the involvement of stakeholders would be important at the level of member states as well , in particular when adopting their national digital decade strategic roadmaps and their adjustments. ### (29) in order to ensure transparency and public participation , the commission should engage with all interested stakeholders. to that end , the commission should closely cooperate with stakeholders including private and public actors , such as bodies governed by public laws of the educational or healthcare sector , business organisations , including smes representatives , trade unions , youth and senior citizen associations as well as local and regional authorities , and consult them on measures to accelerate the digital transformation at union level. the involvement of stakeholders would be important at the level of member states as well , in particular when adopting their national digital decade strategic roadmaps and their adjustments.


### (32) multi-country projects should be able to attract and combine , in an efficient manner , various sources of union and member states’ funding. notably , the combination of the funds from centrally managed union programme with resources committed by member states should be possible , including , under certain conditions , contributions from the recovery and resilience facility , as explained in part 3 of the commission guidance to member states on recovery and resilience plans44 , as well as contributions from european regional development and cohesion funds. whenever justified by the nature of a given multi-country project , it should also be open to contributions from entities other than the union and member states , including private contributions. ### (32) multi-country projects should be able to attract and combine , in an efficient manner , various sources of union and member states’ funding , finding , where possible , synergies among them. notably , the combination of the funds from centrally managed union programme with resources committed by member states should be possible , including , under certain conditions , contributions from the recovery and resilience facility , as explained in part 3 of the commission guidance to member states on recovery and resilience plans , as well as contributions from european regional development and cohesion funds. whenever justified by the nature of a given multi-country project , it should also be open to contributions from entities other than the union and member states , including private contributions.


### set a clear direction for the digital transformation of the union and for delivery of the digital targets; ### set a clear direction for the digital transformation of the union and for delivery of the digital targets and rights;


### set a clear direction for the digital transformation of the union and for delivery of the digital targets; ### set a clear direction for the digital transformation of the union and for delivery of the digital targets by 2030 , ensuring progressive convergence among member states while taking into account their starting points;


### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values; ### promote a human-centered , inclusive , secure and open digital environment capable of protecting people's and workers' rights , in which digital technologies and services respect and enhance union principles and values;


### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values; ### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values as well as the my data principles;


### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values; ### promote a human-centered , inclusive , ethical , secure and open digital environment where digital technologies and services respect and enhance union principles and values;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all , with a particular focus on disadvantaged groups and gender equality , and fostering the development of high-performing digital education and training systems through vocational and professional training , reskilling , upskilling and lifelong learning;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all , fostering the development of high-performing digital education and training systems through vocational and professional training , reskilling , upskilling and lifelong learning while ensuring full convergence between women and men on ict careers;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective resilience and bridge the digital divide notably by promoting continuous opportunities for each individual , at all levels and in all fields of society , to develop basic and specialised digital skills and competetences fostering the development horizontal of high-performing digital education and training systems;


### ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry; ### ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry and the resilience of its value chains;


### ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry; ### ensure digital sovereignty notably by a secure and accessible digital and data infrastructures capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry;


### promote the deployment and the use of digital capabilities giving access to digital technologies and data on easy and fair terms in order to achieve a high level of digital intensity and innovation in union’s enterprises , in particular small and medium ones; ### promote the deployment and the use of digital capabilities giving access to digital technologies and data on easy and fair terms in order to achieve a high level of digital intensity and innovation in the union’s enterprises , in particular in micro , small and medium ones;


### promote the deployment and the use of digital capabilities giving access to digital technologies and data on easy and fair terms in order to achieve a high level of digital intensity and innovation in union’s enterprises , in particular small and medium ones; ### promote the deployment and the use of digital capabilities giving access to digital technologies and data on easy and fair terms in order to achieve a high level of digital intensity and innovation in union’s enterprises , in particular small and medium ones , including capabilities on cybersecurity;


### ensure that democratic life , public services and health and care services are accessible online for everyone , in particular disadvantaged groups including persons with disabilities , offering inclusive , efficient and personalised services and tools with high security and privacy standards; ### ensure that democratic life , public services and health and care services are accessible online for everyone , in particular disadvantaged groups including persons with disabilities , offering inclusive , efficient and personalised services and tools with high security and privacy standards without prejudice to the accessibility of “offline” public services;


### ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal; ### ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal , including by promoting research and innovation;


### facilitate convergent conditions for investments in digital transformation throughout the union , including by strengthening the synergies between the use of union and national funds , and developing predictable regulatory approaches; ### facilitate fair and convergent conditions for investments in digital transformation throughout the union , including by strengthening the synergies between the use of union and national funds , and developing predictable regulatory approaches , including the setting up of an adequate framework requiring all relevant digital market players to make a fair and proportionate contribution for the cost of usage of network operators’ digital infrastructure;


### facilitate convergent conditions for investments in digital transformation throughout the union , including by strengthening the synergies between the use of union and national funds , and developing predictable regulatory approaches; ### facilitate fair convergent conditions for investments in digital transformation throughout the union , including by strengthening the synergies between the use of union and national funds , and developing predictable regulatory approaches;


### (1) a digitally skilled population and highly skilled digital professionals: ### (1) a digitally skilled population and highly skilled digital professionals with a target towards specific and swiftly evolving technological domains:


### at least 80% of those aged 16-74 have at least basic digital skills; ### by 2025 at least 70% and by 2030 at least 80% of those aged 16-74 have at least basic digital skills;


### at least 80% of those aged 16-74 have at least basic digital skills; ### at least 80% of those aged 16-74 have at least basic digital skills , in line with the european pillar of social rights action plan;


### at least 20 million employed information and communications technology (ict) specialists are employed , with convergence between women and men; ### at least 20 million employed information and communications technology (ict) specialists are employed achieving full convergence between women and men and increasing the number of ict graduates;


### all european households are covered by a gigabit network , with all populated areas covered by 5g; ### all european households and schools are covered by a gigabit network , with all populated areas covered by 5g; broadband should be considered a public good and its infrastructure adequately funded to ensure that it is universally accessible and affordable as a critical step in closing the digital divide;


### all european households are covered by a gigabit network , with all populated areas covered by 5g; ### all european households are covered by a gigabit network , with all populated areas covered by 5g networks , and can access those networks on affordable and accessible terms;


### all european households are covered by a gigabit network , with all populated areas covered by 5g; ### all european households , factories and business facilities are covered by a gigabit network , with all populated areas covered by 5g , while keeping in mind the principle of technological neutrality and combining , where necessary , complementary technologies;


### at least 75% of union enterprises have taken up: ### at least 75% of union enterprises have taken up according to their needs and coherently to their business strategy and operations:


### 100% online accessible provision of key public services for union citizens and businesses; ### 100% online accessible provision of key public services for union citizens of all ages and businesses without prejudice to the “offline” accessibility of these services;


### at least 80% of union citizens use a digital identification (id) solution. ### at least 80% of union citizens use a digital identification (id) solution recognised throughout the union and ensuring the users’ full control of their personal data.


### (1) the commission shall monitor the progress of the union against the objectives and digital targets set out in articles 2 and 4. to this end , the commission shall rely upon digital economy and society index (desi) , and for the purpose of this decision , in accordance with article 25 (2) , shall set out in an implementing act the key performance indicators (‘kpis’) for each digital target. . ### (1) the commission shall monitor the progress of the union against the objectives and digital targets set out in articles 2 and 4. to this end , the commission shall rely upon digital economy and society index (desi) and the women in digital ('wid') scoreboard , and for the purpose of this decision , in accordance with article 25 (2) , shall set out in an implementing act the key performance indicators (‘kpis’) for each digital target.


### (2) member states shall provide to the commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transition and of the degree of achievement of the digital targets set out in article 4. this shall include relevant information on the availability and accessibility of spectrum. where the relevant statistics from member states are not yet available , the commission may use an alternative data collection methodology , such as studies or direct collection of data from the member states , in consultation with the member states. the use of that alternative data collection methodology shall not affect the tasks of eurostat as laid down in commission decision 2012/504/eu47 . ### (2) member states shall provide to the commission in a timely manner the necessary statistics and data required for the effective monitoring of the digital transition and of the degree of achievement of the digital targets set out in article 4. this shall include relevant information on the availability and accessibility of spectrum. where the relevant statistics from member states are not yet available , the commission may use an alternative data collection methodology , such as studies or direct collection of data from the member states , in consultation with the member states. the use of that alternative data collection methodology shall not affect the tasks of eurostat as laid down in commission decision 2012/504/eu47. data shall be , where applicable , gender-disaggregated.


### (1) the commission shall submit annually to the european parliament and the council a report on the “state of the digital decade”. this report shall be the comprehensive report of the commission on the progress on digital transformation of the union and it shall include the digital economy and society index (desi). ### (1) the commission shall submit annually to the european parliament and the council a report on the “state of the digital decade”. this report shall be the comprehensive report of the commission on the progress on digital transformation of the union and it shall include the digital economy and society index (desi) and the women in digital ('wid') scoreboard.


### (2) in the report on the “state of the digital decade” , the commission shall provide an assessment of the progress of the union’s digital transition against the digital targets set out in article 4 as well as the state of compliance with the general objectives referred to in article 2 and the principles enshrined in the [insert title of solemn declaration]. the assessment of the progress made shall be based , in particular , on the analysis and key performance indicators in the desi as compared to union-level and , where applicable , national projected trajectories , and , where applicable , on the establishment of and progress regarding multi-country projects. ### (2) in the report on the “state of the digital decade” , the commission shall provide an assessment of the progress of the union’s digital transition against the digital targets set out in article 4 as well as the state of compliance with the general objectives referred to in article 2 and the principles enshrined in the [insert title of solemn declaration]. the assessment of the progress made shall be based , in particular , on the analysis and key performance indicators in the desi as compared to union-level and , where applicable , national projected trajectories , and , where applicable , on the establishment of and progress regarding multi-country projects. the report shall also include an assessment of relevant regional gaps.


### national projected trajectories contributing to relevant digital targets measurable at national level; ### national projected trajectories contributing to relevant digital targets measurable at national level , as well as annual targets from 2025 onwards;


### the impact expected to be made on each digital target as a result of the implemented , adopted and planned policies , measures and actions; ### the impact expected to be made on each digital target as a result of the implemented , adopted and planned policies , measures and actions , including , where applicable , actions to reduce any gap among regions;


### (1) member states and the commission shall closely cooperate to identify ways to address deficiencies in areas where progress was insufficient to achieve one or more of the digital targets set out in article 4 or where significant gaps and shortages have been identified based on the results of the report on the ”state of the digital decade”. this analysis shall take into account , in particular , the different capacities of member states to contribute to some of the digital targets and the risk that delays on certain of these targets may have a detrimental effect on the achievement of other digital targets. ### (1) member states and the commission shall closely cooperate to identify ways to address deficiencies in areas where progress was insufficient to achieve one or more of the digital targets set out in article 4 or where significant gaps and shortages have been identified based on the results of the report on the ”state of the digital decade”. this analysis shall take into account , in particular , the different capacities of member states to contribute to some of the digital targets as well as their starting points and the risk that delays on certain of these targets may have a detrimental effect on the achievement of other digital targets.


### (1) the commission shall closely cooperate with private and public stakeholders , including social partners , to collect information and develop recommended policies , measures and actions for the purposes of the implementation of this decision. ### (1) the commission shall closely cooperate with private and public stakeholders , including social partners such as business organisations , including sme representatives , and trade unions as well as youth and senior citizen associations , to collect information and develop recommended policies , measures and actions for the purposes of the implementation of this decision.


### (2) the member states shall cooperate with private and public stakeholders , including social partners , in line with the national legislation , when adopting their national digital decade strategic roadmaps and their adjustments. ### (2) the member states shall cooperate with private and public stakeholders , including social partners such as business organisations , including sme representatives , and trade unions as well as youth and senior citizen associations , in line with the national legislation , when adopting their national digital decade strategic roadmaps and their adjustments. member states shall also seek the feedback of local and , where applicable , regional authorities.


### improving the cooperation of the union and of member states in the achievement of the objectives of the digital decade; ### improving the cooperation of the union , member states and social partners in the achievement of the objectives of the digital decade;


### addressing strategic vulnerabilities and dependencies of the union along the digital supply chains; ### addressing strategic vulnerabilities and dependencies of the union along the digital supply chains in order to enhance their resilience;


### contributing to a sustainable digital transformation of society and the economy that benefits all businesses and citizens across the union; ### contributing to an inclusive and sustainable digital transformation of society and the economy that benefits all businesses and citizens across the union;


### (10) the commission should review these digital targets by june 2026 to assess whether they still meet the high level of ambition of the digital transformation and update them or introduce additional digital targets , if necessary. ### (10) the commission should review these digital targets by june 2026 to assess whether they still meet the high level of ambition of the digital transformation and update them or introduce additional digital targets , if necessary. the commission should provide the parliament and citizens a transparent and full report on the evolution being accomplished periodically within the union and by member states.


### (12) this mechanism should include an enhanced monitoring system to identify gaps in the strategic digital capacities of the union. it should also include a reporting mechanism , among others , on the progress towards the 2030 vision and corresponding digital targets as well as on the more general state of compliance with the objectives set in this decision. it should establish a cooperative framework between the commission and member states to identify solutions addressing weaknesses and to propose targeted actions for effective remedies. ### (12) this mechanism should include an enhanced monitoring system to identify gaps in the strategic digital capacities of the union. it should also include a reporting mechanism , among others , on the progress towards the 2030 vision and corresponding digital targets as well as on the more general state of compliance with the objectives set in this decision. it should establish a cooperative framework between the commission and member states to identify solutions addressing weaknesses and to propose targeted actions for effective remedies that also take into account their needs and starting points.


### (23) the cooperative dialogue between the commission and the member states should commence with the assessment of their national digital decade strategic roadmaps and should be based on the data provided and assessment made in the report of the state of the digital decade , as well as on the feedback received by relevant stakeholders. ### (23) the cooperative dialogue between the commission and the member states should commence with the assessment of their national digital decade strategic roadmaps and should be based on the data provided and assessment made in the report of the state of the digital decade , as well as on the feedback received by relevant stakeholders , such as business organisations , including smes representatives , trade unions , youth and senior citizen associations as well as local and regional authorities.


### at least 10 000 climate neutral highly secure “edge nodes” are deployed in the union , distributed in a way that guarantees access to data services with low latency (few milliseconds) wherever businesses are located; ### at least 10 000 climate neutral highly secure “edge nodes” are deployed in the union , distributed in a way that guarantees a fair geographical coverage and access to data services with low latency (few milliseconds) wherever businesses are located;


### more than 90% of union small and medium enterprises (‘sme’) reach at least a basic level of digital intensity; ### more than 90% of union small and medium enterprises (‘sme’) reach at least a basic level of digital intensity according to their needs and coherently to their business strategy and operations , with a reduction of their digital gap with comparable categories of larger enterprises;


### the production of cutting-edge and sustainable semiconductors in the union is at least 20% of world production in value; ### the production of cutting-edge and sustainable semiconductors in the union is at least 20% of world production in value , in line with the initiatives of the european chips act;


### the union grows the pipeline of its innovative scale ups and improves their access to finance , leading to at least doubling the number of unicorns; ### the union grows the pipeline of its innovative scale ups and improves their access to finance , leading to at least doubling the number of unicorns and ensures the smooth functioning of the european digital innovation hubs;


### the annex sets out an indicative list of possible areas of activity in which multi-country projects addressing these specific objectives could be established. ### the annex sets out an indicative and non-exhaustive list of possible areas of activity in which multi-country projects addressing these specific objectives could be established.


### (4) environmental claims , in particular climate-related claims , increasingly relate to future performance in the form of a transition to carbon or climate neutrality , or a similar objective , by a certain date. through such claims , traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. to ensure the fairness and credibility of such claims , article 6(2) of directive 2005/29/ec should be amended to prohibit such claims , following a case-by-case assessment , when they are not supported by clear , objective and verifiable commitments and targets given by the trader. such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets. ### (4) environmental claims , in particular climate-related claims , increasingly relate to future performance in the form of a transition to carbon or climate neutrality , or a similar objective , by a certain date. through such claims , traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. to ensure the fairness and credibility of such claims , article 6(2) of directive 2005/29/ec should be amended to prohibit such claims , following a case-by-case assessment , when they are based on offsetting schemes or are not supported by clear , objective and verifiable commitments and targets given by the trader , including a detailed and realistic implementation plan to achieve the objectives set. that plan should include concrete and verifiable interim targets consistent with achieving the trader's long-term commitment , underpinned by a sufficient budget and based only on existing economically and technically viable technologies. the implementation plan , as well as the progress made throughout its implementation , should be made publicly available online and regularly reported upon by the trader. claims should also be supported by an independent monitoring system to monitor the progress of the implementation plan , the trader’s commitments and targets. claims related to future environmental performance should not be used on product level , as they could mislead as to the current environmental performance of the concrete product in question.


### (7) the displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in annex i to directive 2005/29/ec. the certification scheme should fulfil minimum transparency and credibility conditions. the displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority , or in case of additional forms of expression and presentation of food in accordance with article 35 of regulation (eu) no 1169/2011. this rule complements point 4 of annex i to directive 2005/29/ec which prohibits claiming that a trader , the commercial practices of a trader , or a product has been approved , endorsed or authorised by a public or private body when it has not , or making such a claim without complying with the terms of the approval , endorsement or authorisation. ### (7) the displaying of sustainability labels or sustainability information tools which are not based on a certification scheme and were not pre-approved by a national authority should be prohibited by including such practices in the list in annex i to directive 2005/29/ec. sustainability labels or sustainability information tools that have been pre-approved by a competent national authority should be recognised by all member states , according to the principle of mutual recognition , and should fulfil certain minimum requirements. the commission should be empowered to adopt a delegate acts to set out the minimum requirements for such labels and tools. the commission should be empowered to adopt an implementing act to lay down the procedure for pre-approval of sustainability labels and sustainability information tools. sustainability labels established by public authorities should be exempt from the pre-approval procedure. the certification scheme should fulfil minimum transparency and credibility conditions. the displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority , or in case of additional forms of expression and presentation of food in accordance. this rule complements point 4 of annex i to directive 2005/29/ec which prohibits claiming that a trader , the commercial practices of a trader , or a product has been approved , endorsed or authorised by a public or private body when it has not , or making such a claim without complying with the terms of the approval , endorsement or authorisation.


### (1) in article 2 , the following points (o) to (y) are added: ### (1) in article 2 , the following points (o) to (z) are added:


### (3) european standards and european standardisation deliverables play an important role for the internal market. for instance , harmonised standards may be used to confer a presumption that products to be made available on the market are in conformity with the essential requirements that are laid down in the relevant union harmonisation legislation for those products when they comply with the harmonised standards. ### (3) european standards and european standardisation deliverables play an important role for the internal market and consumer protection. standards do not regulate solely the technical aspect of a product , but they also play an important role for workers , people and environment. for instance , harmonised standards may be used to confer a presumption that products to be made available on the market are in conformity with the essential requirements that are laid down in the relevant union harmonisation legislation for those products when they comply with the harmonised standards , while ensuring the quality and safety of products and services for consumers and for the environment. therefore , an inclusive and multi-stakeholder approach guaranteeing the participation of civil society , sme experts , and consumer representatives among others is essential to ensure sound procedure and a balanced representation of stakeholders’ interest


### (4) in the past years , the practices in the european standardisation organisations as regards their internal governance and decision-making procedures have changed. as a result , the european standardisation organisations have increased their co-operation with international and european stakeholders. such cooperation is welcome as it contributes to the transparent , open , impartial and consensus-built standardisation process. however , when european standardisation organisations execute standardisation requests to support union legislation and policies , unrestricted participation of any stakeholder in their internal decision-making may lead to decisions that do not entirely take into account the interests , policy objectives , and values of the union as well as public interests in general. ### (4) in the past years , the practices in the european standardisation organisations as regards their internal governance and decision-making procedures have changed. as a result , the european standardisation organisations have increased their co-operation with international and european stakeholders. such cooperation is welcome as it contributes to the transparent , open , impartial and consensus-built standardisation process.


### 2a. each european standardisation organisation shall ensure that the following decisions concerning european standards and european standardisation deliverables referred to in paragraph 1 are taken exclusively by representatives of the national standardisation bodies within the competent decision-making body of that organisation: ### 2a. each european standardisation organisation shall ensure that the following decisions concerning european standards and european standardisation deliverables referred to in paragraph 1 are taken exclusively by representatives of the national standardisation bodies within the competent decision-making body of that organisation , whose positions reflect the participation and consensus of all concerned national stakeholders having their headquarters in that member state :


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


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


### (8) whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by union harmonisation legislation since already covered in such legislation , a certain number of other provisions should apply in order to complement union harmonisation legislation. in particular the general product safety requirement and related provisions should be applicable to consumer products covered by union harmonisation legislation when certain types of risks are not covered by that legislation. the provisions of this regulation concerning the obligations of online marketplaces , the obligations of economic operators in case of accidents , the right of information for consumers as well as the recalls of consumer products should apply to products covered by union harmonisation legislation when there are not specific provisions with the same objective in such legislation. likewise rapex is already used for the purposes of union harmonisation legislation , as referred to in article 20 of regulation (eu) 2019/1020 of the european parliament and of the council25 , therefore the provisions regulating the safety gate and its functioning contained in this regulation should be applicable to union harmonisation legislation. ### (8) whilst some of the provisions such as those concerning most of the obligations of economic operators should not apply to products covered by union harmonisation legislation since already covered in such legislation , a certain number of other provisions should apply in order to complement union harmonisation legislation. in particular the general product safety requirement and related provisions should be applicable to consumer products covered by union harmonisation legislation when certain types of risks are not specifically regulated by that legislation. the provisions of this regulation concerning the obligations of online marketplaces , the obligations of economic operators in case of accidents , the right of information for consumers as well as the recalls of consumer products should apply to products covered by union harmonisation legislation when there are not specific provisions with the same objective in such legislation. likewise rapex is already used for the purposes of union harmonisation legislation , as referred to in article 20 of regulation (eu) 2019/1020 of the european parliament and of the council25 , therefore the provisions regulating the safety gate and its functioning contained in this regulation should be applicable to union harmonisation legislation.


### (13) union legislation on food , feed and related areas sets up a specific system ensuring the safety of the products covered by it. therefore , food and feed should be excluded from the scope of this regulation with the exception of materials and articles intended to come into contact with food insofar as risks are concerned that are not covered by regulation (ec) no 1935/2004 of the european parliament and of the council27 or by other food specific legislation which only covers chemical and biological food-related risks. ### (13) union legislation on food , feed and related areas sets up a specific system ensuring the safety of the products covered by it. therefore , food and feed should be excluded from the scope of this regulation. the regulation of materials and articles intended to come into contact with food is covered by the gpsr where aspects are concerned that are not already covered by regulation (ec)no 1935/2004 of the european parliament and of the council or by other food specific legislation which only covers chemical and biological food-related risks.


### (20) new technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise , such as an external intervention hacking the product or changing its characteristics. ### (20) new technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise , such as an external intervention hacking the product , changing its characteristics or causing software errors in programs. new technologies , such as through software updates , may substantially modify the original product , which should then be submitted to a new risk assessment.


### (20) new technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise , such as an external intervention hacking the product or changing its characteristics. ### (20) new technologies also cause new risks to consumers’ health and safety or change the way the existing risks could materialise , such as an external intervention hacking the product or changing its characteristics. dynamic products , such as those which learn from their interaction with the surrounding environment and change and adapt their behaviour , also should be taken into consideration.


### (21) the world health organisation defines ‘health’ as a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity. this definition supports the fact that the development of new technologies might bring new health risks to consumers , such as psychological risk , development risks , in particular for children , mental risks , depression , loss of sleep , or altered brain function. ### (21) the world health organisation defines ‘health’ as a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity. this definition supports the fact that the development of new technologies might bring new health risks to consumers , such as psychological risk , development risks , in particular for children , mental risks , depression , loss of sleep , or altered brain function. therefore , these aspects need to be included in manufacturer’s and market surveillance authorities’ risk assessments where this is relevant.


### (23) the safety of products should be assessed taking into account all the relevant aspects , notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products , in particular children , older persons and persons with disabilities. therefore , if specific information is necessary to make products safe toward a given category of persons , the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan. ### (23) the safety of products should be assessed taking into account all the relevant aspects , notably their characteristics and presentation as well as the specific needs and risks for categories of consumers who are likely to use the products , in particular children , older persons and persons with disabilities as well as gender specificities. economic operators should avoid bias when assessing the safety of a product in order to reach a high level of safety for all consumer groups. this is why testing should be carried out with an equal involvement of all genders. therefore , if specific information is necessary to make products safe toward a given category of persons , the assessment of the safety of the products should take into consideration also the presence of this information and its accessibility. the safety of products should be assessed taking into consideration the need for the product to be safe over its entire lifespan.


### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. ### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. they do not only facilitate transactions neutrally. online marketplaces offer the placement of advertisements , comparison , advisory or reputational services. they act as a gateway: consumers would not have access to such products , services or traders without online marketplaces. for this reason , they must be given greater responsibility for the safety of products and consumers , including cases where other economic actors in the supply chain do not act. depending on the concrete action they can act as manufacturer , authorized representative , importer , distributor or fulfilment service provider.


### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. ### (26) online marketplaces play a crucial role in the supply chain - allowing economic operators to reach an indefinite number of consumers - and therefore also in the product safety system. online marketplaces may also enable the sale of products on the eu market for which no eu manufacturer , no importer or no other party based in the eu is liable for the safety of the product.


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


### (28) the product safety pledge , signed in 2018 and joined by a number of marketplaces since then , provides for a number of voluntary commitments on product safety. the product safety pledge has proved its rationale in enhancing the protection of consumers against dangerous products sold online. nonetheless , its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level-playing field. ### (28) the product safety pledge , signed in 2018 and joined by a number of marketplaces since then , provides for a number of voluntary commitments on product safety. the product safety pledge has proven insufficient for the protection of consumers against dangerous products sold online. its voluntary nature and the voluntary participation by a limited number of online marketplaces reduces its effectiveness and cannot ensure a level-playing field..


### (32) the obligations imposed by this regulation on online marketplaces should neither amount to a general obligation to monitor the information which they transmit or store , nor to actively seek facts or circumstances indicating illegal activity , such as the sale of dangerous products online. online marketplaces should , nonetheless , expeditiously remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the 'directive on electronic commerce' and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation. ### (32) online marketplaces should expeditiously remove content referring to dangerous products from their online interfaces , upon obtaining actual knowledge or , in the case of claims for damages , awareness of the illegal content , in particular in cases where the online marketplace has been made aware of facts or circumstances on the basis of which a diligent economic operator should have identified the illegality in question , in order to benefit from the exemption from liability for hosting services under the 'directive on electronic commerce' and the [digital services act]. online marketplaces should process notices concerning content referring to unsafe products , received in accordance with [article 14] of regulation (eu) …/…[the digital services act] , within the additional timeframes established by this regulation.


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


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


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


### (38) direct selling by economic operators established outside the union through online channels hinders the work of market surveillance authorities when tackling dangerous products in the union , as in many instances economic operators may not be established nor have a legal representative in the union. it is therefore necessary to ensure that market surveillance authorities have adequate powers and means to effectively tackle the sale of dangerous products online. in order to ensure an effective enforcement of this regulation , the obligation set out in article 4(1) , (2) and (3) of regulation 2019/1020 should be extended also to products falling outside the scope of the union harmonisation legislation to ensure that there is a responsible economic operator established in the union , which is entrusted with tasks regarding such products , providing market surveillance authorities with an interlocutor and performing specific tasks in a timely manner. ### (38) direct selling by economic operators established outside the union through online channels hinders the work of market surveillance authorities when tackling dangerous products in the union , as in many instances economic operators may not be established nor have a legal representative in the union. it is therefore necessary to ensure that market surveillance authorities have adequate powers and means to effectively tackle the sale of dangerous products online. in order to ensure an effective enforcement of this regulation , the obligation set out in article 4(1) , (2) and (3) of regulation 2019/1020 should be extended also to products falling outside the scope of the union harmonisation legislation to ensure that there is a responsible economic operator established in the union , which is entrusted with tasks regarding such products , providing market surveillance authorities with an interlocutor and performing specific tasks in a timely manner. online marketplaces should have an importer responsibility in cases where they enable the sale of products sold by traders based outside the eu and for which no economic operator is liable for the product inside the union. this should also apply in case an eu trader is untraceable , for example because an online marketplace has failed to comply with [article 22] of regulation (eu) […/…] on a single market for digital services (digital service act) and amending directive 2000/31/ec.


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


### (50) the union rapid information system (rapex) has proved its effectiveness and efficiency. it enables corrective measures to be taken across the union in relation to products that present a risk beyond the territory of a single member state. it is opportune , though , to change the used abbreviated name from rapex to safety gate for greater clarity and better outreach to consumers. safety gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the commission can exchange information on such products , a web portal to inform the public (safety gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products (safety business gateway). ### (50) the union rapid information system (rapex) has proved its effectiveness and efficiency. it enables corrective measures to be taken across the union in relation to products that present a risk beyond the territory of a single member state. it is opportune , though , to change the used abbreviated name from rapex to safety gate for greater clarity and better outreach to consumers. safety gate comprises a rapid alert system on dangerous non-food products whereby national authorities and the commission can exchange information on such products , a web portal to inform the public (safety gate portal) and an interface to enable businesses to comply with their obligation to inform authorities and consumers of dangerous products and of injuries and accidents caused by them (safety business gateway).


### (52) under article 34 of regulation (eu) no 2019/1020 , member states authorities are to notify measures adopted against products covered by that regulation , presenting a less than serious risk , through the information and communication system referred to in the same article , while corrective measures adopted against products covered by this regulation presenting a less than serious risk should be notified in the safety gate. member states and the commission should make available to the public information relating to risks to the health and safety of consumers posed by products. it is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the safety gate , allowing relevant information on dangerous products to be made available to the public through the safety gate portal. member states are therefore encouraged to notify in the safety gate all corrective measures on products posing a risk to the health and safety of consumers. ### (52) under article 34 of regulation (eu) no 2019/1020 , member states authorities are to notify measures adopted against products covered by that regulation , presenting a less than serious risk , through the information and communication system referred to in the same article , while corrective measures adopted against products covered by this regulation presenting a less than serious risk should be notified in the safety gate. member states and the commission should make available to the public information relating to risks to the health and safety of consumers posed by products. it is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the safety gate , allowing relevant information on dangerous products to be made available to the public through the safety gate portal. member states should therefore notify in the safety gate all corrective measures on products posing a risk to the health and safety of consumers.


### (52) under article 34 of regulation (eu) no 2019/1020 , member states authorities are to notify measures adopted against products covered by that regulation , presenting a less than serious risk , through the information and communication system referred to in the same article , while corrective measures adopted against products covered by this regulation presenting a less than serious risk should be notified in the safety gate. member states and the commission should make available to the public information relating to risks to the health and safety of consumers posed by products. it is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the safety gate , allowing relevant information on dangerous products to be made available to the public through the safety gate portal. member states are therefore encouraged to notify in the safety gate all corrective measures on products posing a risk to the health and safety of consumers. ### (52) under article 34 of regulation (eu) no 2019/1020 , member states authorities are to notify measures adopted against products covered by that regulation , presenting a less than serious risk , through the information and communication system referred to in the same article , while corrective measures adopted against products covered by this regulation presenting a less than serious risk should be notified in the safety gate. member states and the commission should make available to the public information relating to risks to the health and safety of consumers posed by products. it is opportune for consumers and businesses that all information on corrective measures adopted against products posing a risk are contained in the safety gate , allowing relevant information on dangerous products to be made available to the public through the safety gate portal. member states are therefore encouraged to notify in the safety gate all corrective measures on products posing a risk to the health and safety of consumers. the database and website of the safety gate should be accessible for persons with disabilities.


### (53) in case the information has to be notified in the information and communication system according to regulation (eu) 2019/1020 , there is the possibility , for such notifications , to be submitted directly in the safety gate or , to be generated from within the information and communication system for market surveillance provided for in article 34 of regulation (eu) 2019/1020. for this purpose , the commission should maintain and further develop the interface that has been set up for the transfer of information between the information and communication system and the safety gate , in order to avoid double data entry and facilitate such transfer. ### (53) in case the information has to be notified in the information and communication system according to regulation (eu) 2019/1020 , there is the possibility , for such notifications , to be submitted directly in the safety gate or , to be generated from within the information and communication system for market surveillance provided for in article 34 of regulation (eu) 2019/1020. for this purpose , the commission should maintain and further develop the interface that has been set up for the transfer of information between the information and communication system and the safety gate , in order to avoid double data entry and facilitate such transfer. interoperability between the two systems should be ensured as much as possible.


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


### (56) the determination of the risk concerning a product and its level is based on a risk assessment performed by the relevant actors. member states , in performing risk assessment , might reach different results as far as the presence of a risk or its level is concerned. this could jeopardise the correct functioning of the single market and the level playing field for both consumers and economic operators. an arbitration mechanism should therefore be made available to member states , on a voluntary basis , which would allow the commission , to provide an opinion on the issue in dispute. ### (56) the determination of the risk concerning a product and its level is based on a risk assessment performed by the relevant actors. member states , in performing risk assessment , might reach different results as far as the presence of a risk or its level is concerned. this could jeopardise the correct functioning of the single market and the level playing field for both consumers and economic operators. in cases where differences in risk assessment remain , an arbitration mechanism should used by member states , which would allow the commission to provide an opinion on the issue in dispute.


### (57) the consumer safety network enhances the cooperation on product safety enforcement between member states. in particular , it facilitates the activities of exchange of information , the organisation of joint market surveillance activities , the exchange of expertise and best practices. the consumer safety network should be duly represented and participate in the coordination and cooperation activities of the union product compliance network provided for in regulation (eu) 2019/1020 whenever coordination of activities falling under the scope of application of both regulations is necessary to ensure their effectiveness. ### (57) the consumer safety network enhances the cooperation on product safety enforcement between member states. in particular , it facilitates the activities of exchange of information , the organisation of joint market surveillance activities , the exchange of expertise and best practices. it should also contribute to the standardization of data on product safety and the harmonization of data collection , storage and exchange , as well as to an increase in the interoperability between regional , sectorial , national and european information systems for product safety. the consumer safety network should be duly represented and participate in the coordination and cooperation activities of the union product compliance network provided for in regulation (eu) 2019/1020 whenever coordination of activities falling under the scope of application of both regulations is necessary to ensure their effectiveness.


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


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


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


### (72) when imposing penalties , due regard should be given to the nature , gravity and duration of the infringement in question. the imposition of penalties should be proportionate and should comply with union and national law , including with applicable procedural safeguards and with the principles of the charter of fundamental rights. ### (72) when imposing penalties , due regard should be given to the nature , gravity and duration of the infringement in question. the imposition of penalties should be effective , proportionate and dissuasive and should comply with union and national law , including with applicable procedural safeguards and with the principles of the charter of fundamental rights.


### (80) any processing of personal data for the purpose of this regulation should be in compliance with regulations (eu) 2016/679 and (eu) 2018/1725. when consumers report a product in the safety gate , only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this regulation. manufacturers and importers , when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability. ### (80) any processing of personal data for the purpose of this regulation should be in compliance with regulations (eu) 2016/679 ,(eu) 2018/1725 and directive 2002/58/ec concerning the processing of personal data and the protection of privacy in the electronic communications sector. when consumers report a product in the safety gate , only those personal data will be stored that are necessary to report the dangerous product and for a period not exceeding five years after such data have been encoded. manufacturers and importers should hold the register of consumer complaints only as long as it is necessary for the purpose of this regulation. manufacturers and importers , when they are natural persons should disclose their names to ensure that the consumer is able to identify the product for purpose of traceability.


### this regulation lays down essential rules on the safety of consumer products placed or made available on the market. ### this regulation lays down essential rules on the safety of consumer products placed or made available on the market in order to ensure that they are safe.


### where products are subject to specific safety requirements imposed by union legislation , this regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements. ### where products are subject to specific safety requirements imposed by union legislation , this regulation shall apply only to the aspects and risks or categories of risks not covered by those requirements thereby posing a threat to consumers health and safety or other relevant public interests.


### chapter ii shall not apply insofar as the risks or categories of risks covered by union harmonisation legislation are concerned; ### chapter ii shall not apply insofar as the risks or categories of risks covered by union harmonisation legislation are concerned. when assessing if the risks are adequately covered , the aspects for assessing the safety of products outlined in article 7 shall be considered.


### equipment on which consumers ride or travel which is operated by a service provider within the context of a service provided to consumers; ### motorized equipment on which consumers ride or travel which is not driven by the consumers themselves but operated by a service provider within the context of a service provided to consumers and has the goal of transporting consumers from one location to another;


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


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


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


### 10. ‘importer’ means any natural or legal person established within the union who places a product from a third country on the union market; ### 10. ‘importer’ means any natural or legal person including online marketplaces established within the union who places a product from a third country on the union market;


### 13. ‘economic operator’ means the manufacturer , the authorized representative , the importer , the distributor , the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products , making them available on the market in accordance with this regulation; ### 13. ‘economic operator’ means the manufacturer , the authorized representative , the importer , the distributor , the fulfilment service provider , the online marketplace or any other natural or legal person who is subject to obligations in relation to the manufacture of products , making them available on the market in accordance with this regulation


### 13. ‘economic operator’ means the manufacturer , the authorized representative , the importer , the distributor , the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products , making them available on the market in accordance with this regulation; ### 13. ‘economic operator’ means the manufacturer , the authorized representative , the importer , the distributor , the fulfilment service provider , the online marketplace or any other natural or legal person who is subject to obligations in relation to the manufacture of products , making them available on the market in accordance with this regulation;


### 14. ‘online marketplace’ means a provider of an intermediary service using software , including a website , part of a website or an application , operated by or on behalf of a trader , which allows consumers to conclude distance contracts with other traders or consumers for the sale of products covered by this regulation; ### deleted


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


### presumption of safety ### presumption of conformity with safety requirements


### in the absence of european standards referred to in point (a) , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national requirements. ### in the absence of european standards referred to in point (a) , as regards the risks covered by health and safety requirements laid down in the law of the member state where the product is made available on the market , if it conforms to such national standards being established in accordance with european law.


### 2. the commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the european standards satisfy the general safety requirement laid down in article 5. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(3). ### 2. the commission shall adopt implementing acts determining the specific safety requirements necessary to ensure that products which conform to the european standards satisfy the general safety requirement laid down in article 5 and are in compliance with the aspects for assessing the safety of products of article 7. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 42(3).


### 3. however , presumption of safety under paragraph 1 shall not prevent market surveillance authorities from taking action under this regulation where there is evidence that , despite such conformity , the product is dangerous. ### 3. however , presumption of conformity with the safety requirements under paragraph 1 shall not prevent market surveillance authorities from taking action under this regulation where there is evidence that , despite such conformity , the product is dangerous.


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


### the characteristics of the product , including its design , technical features , composition , packaging , instructions for assembly and , where applicable , for installation and maintenance; ### the characteristics of the product , including its design , technical features , composition and chemical constituents , packaging , instructions for assembly and , where applicable , for installation , use and maintenance;


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


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


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


### voluntary certification schemes or similar third-party conformity assessment frameworks , in particular those conceived to support union legislation; ### voluntary certification schemes or similar third-party conformity assessment frameworks , when those are conceived to support union legislation;


### 1. when placing their products on the market , manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in article 5. ### 1. when placing their products on the market , manufacturers shall ensure that these products have been designed and manufactured in accordance with the general safety requirement laid down in article 5. as well , manufacturers shall provide appropriate safeguards in order to prevent the upload of software that may jeopardize the safety of products during their lifetime.


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


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


### 4. manufacturers shall draw up technical documentation of the product. the technical documentation shall contain , as appropriate: ### 4. manufacturers shall draw up technical documentation of the product before placing it on the market and ensure that the documentation is kept up to date. the technical documentation shall contain , as appropriate:


### the list of the european standards referred to in article 6(1) point a , or the other elements referred to in article 7(3) , applied to meet the general safety requirement laid down in article 5. ### the list of the european standards referred to in article 6(1) point a , or the other elements referred to in articles 6.1(b) , 6.2 , 7(1) and 7(3) , applied to meet the general safety requirement laid down in article 5.


### where any of the european standards , health and safety requirements or elements referred to in article 7(3) have been only partly applied , the parts which have been applied shall be identified. ### where any of the european standards , health and safety requirements or elements referred to in articles 6 , 7(1) and 7(3) have been only partly applied , the parts which have been applied shall be identified.


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


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


### 8. manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available. this requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information. ### 8. manufacturers shall ensure that their product is accompanied by instructions and safety information in a language which can be easily understood by consumers , as determined by the member state in which the product is made available , and by a non-removable qr code which shall direct consumers to a digital version of such documents , which shall be maintained for at least 10 years. this requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information.


### 9. manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in article 5. ### 9. manufacturers shall ensure that procedures are in place for series production to remain in conformity with the general safety requirement laid down in article 5 and respect articles 6 and 7.


### 10. manufacturers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe , shall immediately take the corrective measures necessary to bring the product into conformity , including a withdrawal or recall , as appropriate. ### 10. manufacturers who consider or have reason to believe , on the basis of the information in their possession , that a product which they have placed on the market is not safe , shall immediately take the corrective measures necessary to bring the product into conformity , including adequately and effectively warning end users who are at risk caused by the non-conformity of the product , a withdrawal or recall , as appropriate.


### 11. manufacturers shall , via the safety business gateway referred to in article 25 , immediately alert consumers of the risk to their health and safety presented by a product they manufacture and immediately inform the market surveillance authorities of the member states in which the product has been made available to that effect , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. ### 11. manufacturers shall , via the safety business gateway referred to in article 25 , immediately alert market surveillance authorities of the member states in which a dangerous product has been made available , including on the risk for health and safety presented by the product they manufacture , giving details , in particular , of the risk to health and safety of consumers and of any corrective measure already taken. manufacturers shall immediately alert consumers of the risk to their health and safety presented by a product they manufacture. in accordance with article 33 , consumers must be alerted immediately through clear and targeted information at least in the official languages of their country of residence , including but not exclusively using digital means.


### 1. a manufacturer may , by a written mandate , appoint an authorised representative. ### 1. where a manufacturer is established outside of the european union , it shall , by a written mandate , appoint an authorised representative. manufacturers established in the eu may appoint an authorised representative.


### where they have a reason to believe that a product in question presents a risk , inform the manufacturer; ### where they have a reason to believe that a product in question presents a risk , inform the manufacturer and notify the product via the safety business gateway;


### 1. before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in article 5 and that the manufacturer has complied with the requirements set out in article 8 (4) , (6) and (7). ### 1. before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in article 5 and that the manufacturer has complied with the requirements set out in article 6 , 7 , 8 (4) , (6) , (7) , and (8).


### 5. importers shall ensure that , while a product is under their responsibility , storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in article 5 and its conformity with article 8 (6) and (7). ### 5. importers shall ensure that , while a product is under their responsibility , storage or transport conditions do not jeopardize its conformity with the general safety requirement laid down in article 5 and its conformity with articles 6 , 7 , 8 (6) and (7).


### 6. importers shall investigate complaints related to products they made available on the market and file these complaints , as well as products recalls , in the register referred to in article 8(2) , first subparagraph , or in their own register. importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation. ### 6. importers shall investigate complaints related to products they made available on the market and file these complaints , as well as products recalls , in the register referred to in article 8(2) , first subparagraph and in their own register. importers shall keep the manufacturer and distributors informed of the investigation performed and of the results of the investigation.


### 7. importers shall cooperate with market surveillance authorities and the manufacturer to ensure that a product is safe. ### 7. importers shall cooperate with market surveillance authorities and other relevant economic operators to ensure that a product is safe.