### 8. at the request of the competent authority or the csirt , the single point of contact shall forward notifications received pursuant to paragraphs 1 and 2 to the single points of contact of other affected member states. ### 8. at the request of the competent authority or the csirt , the single point of contact shall forward notifications received pursuant to paragraph 1 to the single points of contact of other affected member states. in compliance with union law , or in accordance with member state legislation compliant with union law , the single point of contact shall preserve the security and commercial interests of the essential or important entity reporting the incident , including the confidentiality of the information provided by the reporting entity in the notification of the incident , when forwarding the notification to the single points of contact of other affected member states.


### 9. the single point of contact shall submit to enisa on a monthly basis a summary report including anonymised and aggregated data on incidents , significant cyber threats and near misses notified in accordance with paragraphs 1 and 2 and in accordance with article 27. in order to contribute to the provision of comparable information , enisa may issue technical guidance on the parameters of the information included in the summary report. ### 9. the single point of contact shall submit to enisa on a monthly basis a summary report including anonymised and aggregated data on incidents , significant cyber threats and near misses notified in accordance with paragraph 1 of this article , and article 27. in order to contribute to the provision of comparable information , enisa may issue technical guidance on the parameters of the information included in the summary report.


### 10. competent authorities shall provide to the competent authorities designated pursuant to directive (eu) xxxx/xxxx [resilience of critical entities directive] information on incidents and cyber threats notified in accordance with paragraphs 1 and 2 by essential entities identified as critical entities , or as entities equivalent to critical entities , pursuant to directive (eu) xxxx/xxxx [resilience of critical entities directive]. ### 10. competent authorities shall provide to the competent authorities designated pursuant to directive (eu) xxxx/xxxx [resilience of critical entities directive] information on incidents and cyber threats notified in accordance with paragraph 1 by essential entities identified as critical entities , or as entities equivalent to critical entities , pursuant to directive (eu) xxxx/xxxx [resilience of critical entities directive].


### 1. without prejudice to regulation (eu) 2016/679 , member states shall ensure that essential and important entities may exchange relevant cybersecurity information among themselves including information relating to cyber threats , vulnerabilities , indicators of compromise , tactics , techniques and procedures , cybersecurity alerts and configuration tools , where such information sharing: ### 1. member states shall ensure that essential and important entities may exchange relevant cybersecurity information among themselves including information relating to cyber threats , near misses , vulnerabilities , indicators of compromise , tactics , techniques and procedures , cybersecurity alerts and configuration tools , where such information sharing:


### make a public statement which identifies the legal and natural person(s) responsible for the infringement of an obligation laid down in this directive and the nature of that infringement; ### deleted


### suspend or request a certification or authorisation body to suspend a certification or authorisation concerning part or all the services or activities provided by an essential entity; ### where applicable , temporarily suspend or request a certification or authorisation body to temporarily suspend a certification or authorisation concerning part or all the services or activities provided by an essential entity until the entity takes the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied;


### these sanctions shall be applied only until the entity takes the necessary action to remedy the deficiencies or comply with the requirements of the competent authority for which such sanctions were applied. ### deleted


### the actual damage caused or losses incurred or potential damage or losses that could have been triggered , insofar as they can be determined. where evaluating this aspect , account shall be taken , amongst others , of actual or potential financial or economic losses , effects on other services , number of users affected or potentially affected; ### the actual damage caused or losses incurred including financial or economic losses , effects on other services , and the number of users affected;


### security scans based on objective , fair and transparent risk assessment criteria; ### security scans based on objective , non-discriminatory , fair and transparent risk assessment criteria;


### (7) with the repeal of directive (eu) 2016/1148 , the scope of application by sectors should be extended to a larger part of the economy in light of the considerations set out in recitals (4) to (6). the sectors covered by directive (eu) 2016/1148 should therefore be extended to provide a comprehensive coverage of the sectors and services of vital importance for key societal and economic activities within the internal market. the rules should not be different according to whether the entities are operators of essential services or digital service providers. that differentiation has proven obsolete , since it does not reflect the actual importance of the sectors or services for the societal and economic activities in the internal market. ### (7) with the repeal of directive (eu) 2016/1148 , the scope of application by sectors should be extended to a larger part of the economy in light of the considerations set out in recitals (4) to (6). the sectors covered by directive (eu) 2016/1148 should therefore be extended to provide a comprehensive coverage of the sectors and services of vital importance for key societal and economic activities within the internal market. the risk management requirements and reporting obligations should not be different according to whether the entities are operators of essential services or digital service providers. that differentiation has proven obsolete , since it does not reflect the actual importance of the sectors or services for the societal and economic activities in the internal market.


### (38) for the purposes of this directive , the term ‘risk’ should refer to the potential for loss or disruption caused by a cybersecurity incident and should be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of said incident. ### deleted


### (39) for the purposes of this directive , the term ‘near misses’ should refer to an event which could potentially have caused harm , but was successfully prevented from fully transpiring. ### deleted


### (40) risk-management measures should include measures to identify any risks of incidents , to prevent , detect and handle incidents and to mitigate their impact. the security of network and information systems should comprise the security of stored , transmitted and processed data. ### (40) risk-management measures should include measures to identify any risks of incidents , to prevent , detect , respond to , attribute , and recover from incidents , and to mitigate their impact. the security of network and information systems should comprise the security of stored , transmitted and processed data.


### (50) given the growing importance of number-independent interpersonal communications services , it is necessary to ensure that such services are also subject to appropriate security requirements in view of their specific nature and economic importance. providers of such services should thus also ensure a level of security of network and information systems appropriate to the risk posed. given that providers of number-independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks , the degree of risk for such services can be considered in some respects to be lower than for traditional electronic communications services. the same applies to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission. ### (50) given the growing importance of number-independent interpersonal communications services , it is necessary to ensure that such services are also subject to appropriate security requirements in view of their specific nature and economic importance. providers of such services should thus also ensure a level of security of network and information systems appropriate to the risk posed. given that providers of number-independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks , the degree of risk to network security for such services can be considered in some respects to be lower than for traditional electronic communications services. the same applies to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission. however , as the attack surface continues to expand , number-independent interpersonal communications services including , but not limited to , social media messengers , are becoming popular attack vectors. malicious actors use platforms to communicate and attract victims to open compromised web pages , therefore increasing the likelihood of incidents involving the exploitation of personal data , and by extension , the security of information systems.


### (50) given the growing importance of number-independent interpersonal communications services , it is necessary to ensure that such services are also subject to appropriate security requirements in view of their specific nature and economic importance. providers of such services should thus also ensure a level of security of network and information systems appropriate to the risk posed. given that providers of number-independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks , the degree of risk for such services can be considered in some respects to be lower than for traditional electronic communications services. the same applies to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission. ### (50) given the growing importance of number-independent interpersonal communications services , it is necessary to ensure that such services are also subject to appropriate security requirements or used as means for meeting the requirements for risk management set under article 18 , in view of their specific nature , technological pervasiveness and economic importance. providers of such services should thus also ensure a level of security of network and information systems appropriate to the risk posed. given that providers of number-independent interpersonal communications services normally do not exercise actual control over the transmission of signals over networks , the degree of risk for such services can be considered in some respects to be lower than for traditional electronic communications services. the same applies to interpersonal communications services which make use of numbers and which do not exercise actual control over signal transmission.


### (71) in order to make enforcement effective , a minimum list of administrative sanctions for breach of the cybersecurity risk management and reporting obligations provided by this directive should be laid down , setting up a clear and consistent framework for such sanctions across the union. due regard should be given to the nature , gravity and duration of the infringement , the actual damage caused or losses incurred or potential damage or losses that could have been triggered , the intentional or negligent character of the infringement , actions taken to prevent or mitigate the damage and/or losses suffered , the degree of responsibility or any relevant previous infringements , the degree of cooperation with the competent authority and any other aggravating or mitigating factor. the imposition of penalties including administrative fines should be subject to appropriate procedural safeguards in accordance with the general principles of union law and the charter of fundamental rights of the european union , including effective judicial protection and due process. ### (71) in order to make enforcement effective , a minimum list of administrative sanctions for breach of the cybersecurity risk management and reporting obligations provided by this directive should be laid down , setting up a clear and consistent framework for such sanctions across the union. due regard should be given to the nature , gravity and duration of the infringement , the actual damage caused or losses incurred , the intentional or negligent character of the infringement , actions taken to prevent or mitigate the damage and/or losses suffered , the degree of responsibility or any relevant previous infringements , the degree of cooperation with the competent authority and any other aggravating or mitigating factor. the imposition of penalties including administrative fines should be subject to appropriate procedural safeguards in accordance with the general principles of union law and the charter of fundamental rights of the european union , including effective judicial protection and due process.


### (80) in order to take into account new cyber threats , technological developments or sectorial specificities , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the elements in relation to risk management measures required by this directive. the commission should also be empowered to adopt delegated acts establishing which categories of essential entities shall be required to obtain a certificate and under which specific european cybersecurity certification schemes. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the inter-institutional agreement of 13 april 2016 on better law-making26 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (80) in order to take into account new cyber threats , technological developments or sectorial specificities , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of the elements in relation to risk management measures required by this directive. the commission should also be empowered to initiate legislative proposals under article 114 tfeu establishing which categories of essential entities shall be required to obtain a certificate and under which specific european cybersecurity certification schemes. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the inter-institutional agreement of 13 april 2016 on better law-making26. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### (6) ‘incident handling’ means all actions and procedures aiming at detection , analysis and containment of and a response to an incident; ### (6) ‘incident handling’ means all actions and procedures aiming at prevention , detection , analysis , attribution , and containment of and response to an incident;


### (13) ‘domain name system (dns)’ means a hierarchical distributed naming system which allows end-users to reach services and resources on the internet; ### (13) ‘domain name system (dns)’ means a hierarchical distributed naming system which enables the identification of internet services and resources , allowing end-user devices to utilise internet routing and connectivity services , to reach those services and resources;


### (14) ‘dns service provider’ means an entity that provides recursive or authoritative domain name resolution services to internet end-users and other dns service providers; ### (14) ‘dns service provider’ means an entity that provides: a) open and public recursive domain name resolution services; or b) authoritative domain name resolution services as a service procurable by third-party entities;


### (15) ‘top–level domain name registry’ means an entity which has been delegated a specific tld and is responsible for administering the tld including the registration of domain names under the tld and the technical operation of the tld , including the operation of its name servers , the maintenance of its databases and the distribution of tld zone files across name servers; ### (15) ‘top–level domain name registry’ means an entity which has been delegated a specific tld and is responsible for administering the tld including the registration of domain names under the tld and the technical operation of the tld , including the operation of its name servers , the maintenance of its databases and the distribution of tld zone files across name servers , irrespective of whether any of those operations are being performed by the entity or are outsourced;


### (22) ‘social networking services platform’ means a platform that enables end-users to connect , share , discover and communicate with each other across multiple devices , and in particular , via chats , posts , videos and recommendations); ### (22) ‘social networking services platform’ means a platform that enables end-users to connect , share , discover and communicate with each other via number-independent interpersonal communications services across multiple devices , and in particular , via chats , posts , videos and recommendations;


### 1. each member state shall adopt a national cybersecurity strategy defining the strategic objectives and appropriate policy and regulatory measures , with a view to achieving and maintaining a high level of cybersecurity. the national cybersecurity strategy shall include , in particular , the following: ### 1. each member state shall adopt a national cybersecurity strategy defining the strategic objectives and appropriate policy and regulatory measures , with a view to achieving and maintaining a high level of cybersecurity and taking into account each sector specificities in terms of cyber risk management and resilience. the national cybersecurity strategy shall include , in particular , the following:


### 1. each member state shall adopt a national cybersecurity strategy defining the strategic objectives and appropriate policy and regulatory measures , with a view to achieving and maintaining a high level of cybersecurity. the national cybersecurity strategy shall include , in particular , the following: ### 1. each member state shall adopt a national cybersecurity strategy defining the strategic objectives , the required technical , organisational , and financial resources to achieve those objectives , and the appropriate policy and regulatory measures , with a view to achieving and maintaining a high level of cybersecurity. the national cybersecurity strategy shall include , in particular , the following:


### a definition of objectives and priorities of the member states’ strategy on cybersecurity; ### a definition of objectives and priorities of the member states’ strategy on cybersecurity for each sector covered by this directive;


### 4. member states shall assess their national cybersecurity strategies at least every four years on the basis of key performance indicators and , where necessary , amend them. the european union agency for cybersecurity (enisa) shall assist member states , upon request , in the development of a national strategy and of key performance indicators for the assessment of the strategy. ### 4. member states shall assess their national cybersecurity strategies at least every four years on the basis of key performance indicators and , where necessary , amend them. the european union agency for cybersecurity (enisa) shall assist member states , upon request , in the development of a national strategy and of key performance indicators for the assessment of the strategy. enisa shall provide guidance to member states in order to align their already formulated national cybersecurity strategies with the requirements and obligations set out in this directive.


### 4. member states shall assess their national cybersecurity strategies at least every four years on the basis of key performance indicators and , where necessary , amend them. the european union agency for cybersecurity (enisa) shall assist member states , upon request , in the development of a national strategy and of key performance indicators for the assessment of the strategy. ### 4. member states shall assess their national cybersecurity strategies at least every four years on the basis of key performance indicators and , where necessary , amend them. the european union agency for cybersecurity (enisa) and the eu competent authorities for each sector shall define guidelines to member states for the development of a national strategy and of key performance indicators for the assessment of the strategy.


### 2. member states shall ensure that each csirt has adequate resources to carry out effectively their tasks as set out in article 10(2). ### 2. member states shall ensure that each csirt has adequate resources and the technical capabilities necessary to carry out effectively their tasks as set out in article 10(3).


### csirts shall be equipped with an appropriate system for managing and routing requests , in particular , to facilitate effective and efficient handovers; ### csirts shall be equipped with an appropriate system for classifying , routing , and tracking requests , in particular , to facilitate effective and efficient handovers;


### csirts shall be equipped with redundant systems and backup working space to ensure continuity of its services; ### csirts shall be equipped with redundant systems and backup working space to ensure continuity of its services , including full-spectrum connectivity across networks , information systems and services , and devices;


### contribution to the national cybersecurity incident and crisis response plan referred to in article 7 (3); ### contribution to the national cybersecurity incident and crisis response plan referred to in article 7 (4);


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 114 and 192.1 thereof ,


### 5. an indication of their expected life-time under the conditions for which they have been designed. ### 5. expected life-time under the conditions for which they have been designed.


### air; ### air (including but not limited to air pollution);


### water; ### water (including but not limited to water contamination , access to water , water usage and depletion);


### soil; ### soil (including but not limited to soil contamination , soil erosion and land degradation);


### biodiversity; ### biodiversity (including but not limited to damage to habitats , wildlife , flora and ecosystem services);


### community life. ### community life , including that of indigenous people;


### oecd due diligence guidance for responsible business conduct; and ### unece convention on long-range transboundary air pollution (1979) and extended protocols;


### oecd due diligence guidance for responsible business conduct; and ### oecd due diligence guidance for responsible business conduct;


### oecd due diligence guidance for responsible supply chains of minerals from conflict-affected and high-risk areas. ### industrial emissions directive;


### oecd due diligence guidance for responsible supply chains of minerals from conflict-affected and high-risk areas. ### oecd due diligence guidance for responsible supply chains of minerals from conflict-affected and high-risk areas;


### (19) certain substances contained in batteries , such as cobalt , lead , lithium or nickel , are acquired from scarce resources which are not easily available in the union , and some are considered critical raw materials by the commission. this is an area where europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials , will contribute to reaching that goal. ### (19) certain substances contained in batteries , such as cobalt , lead , lithium or nickel , are acquired from scarce resources which are not easily available in the union , and some are considered critical raw materials by the commission. this is an area where europe needs to enhance its strategic autonomy and increase its resilience in preparation for potential disruptions in supply due to health or other crises. enhancing circularity and resource efficiency with increased recycling and recovery of those raw materials , will contribute to reaching that goal. innovations in novel applications using renewable raw materials should be also promoted as a way to complement the recovery and recycling of traditional critical raw materials.


### 1. from 1 january 2027 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant. ### 1. from 1 january 2027 , stationary battery energy storage systems , electric vehicle batteries and automotive batteries that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.


### 2. from 1 january 2030 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 2. from 1 january 2030 , stationary battery energy storage systems , electric vehicle batteries and automotive batteries that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:


### 3. from 1 january 2035 , industrial batteries , electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kwh that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant: ### 3. from 1 january 2035 , stationary battery energy storage systems , electric vehicle batteries and automotive batteries that contain cobalt , lead , lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt , lead , lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:


### 1. from [12 months after entry into force of the regulation] , rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv. ### 1. from [18 months after entry into force of the regulation] , rechargeable industrial batteries shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv.


### 1. from [12 months after entry into force of the regulation] , rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv. ### 1. from [12 months after entry into force of the regulation] , stationary battery energy storage systems and electric vehicle batteries shall be accompanied by a technical documentation containing values for the electrochemical performance and durability parameters laid down in part a of annex iv.


### 2. from 1 january 2026 , rechargeable industrial batteries with internal storage and a capacity above 2 kwh shall meet the minimum values laid down in the delegated act adopted by the commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in part a of annex iv. ### 2. from 1 january 2026 , stationary battery energy storage systems shall meet the minimum values laid down in the delegated act adopted by the commission pursuant to paragraph 3 for the electrochemical performance and durability parameters set out in part a of annex iv.


### 3. by 31 december 2024 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in part a of annex iv that rechargeable industrial batteries with internal storage and capacity above 2 kwh shall attain. ### 3. by 31 december 2024 , the commission shall adopt a delegated act in accordance with article 73 to supplement this regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in part a of annex iv that stationary battery energy storage systems shall attain.


### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of rechargeable industrial batteries with internal storage and a capacity above 2 kwh and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , its affordability and industry’s competitiveness. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned. ### in preparing the delegated act referred to in the first subparagraph , the commission shall consider the need to reduce the life cycle environmental impact of stationary battery energy storage systems and ensure that the requirements laid down therein do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated , its affordability and industry’s competitiveness. no excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.


### 1. portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent operators during the lifetime of the appliance , if the batteries have a shorter lifetime than the appliance , or at the latest at the end of the lifetime of the appliance. ### 1. portable batteries incorporated in appliances shall be readily removable and replaceable by the end-user or by independent qualified operators during the lifetime of the appliance , if the batteries have a shorter lifetime than the appliance , or at the latest at the end of the lifetime of the appliance.


### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a similar battery , without affecting the functioning or the performance of that appliance. ### a battery is readily replaceable where , after its removal from an appliance , it can be substituted by a technically similar battery , without affecting the functioning , safety or the performance of that appliance.


### 6. the economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its supply chain due diligence policies with due regard for business confidentiality and other competitive concerns. ### 6. the economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its value chain due diligence policies with due regard for business confidentiality and other competitive concerns.


### the economic operator referred to in paragraph 1 shall on an annual basis , publicly report as widely as possible , including on the internet , on its supply chain due diligence policies. that report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3 , including findings of significant adverse impacts in the risk categories listed in annex x , point 2 , and how they have been addressed , as well as a summary report of the third-party verifications carried out in accordance with point 4 , including the name of the notified body , with due regard for business confidentiality and other competitive concerns. ### the economic operator referred to in paragraph 1 shall on an annual basis , publicly report in accordance with the non-financial reporting directive , or respectively the upcoming corporate sustainability reporting directive , on its supply chain due diligence policies.


### the economic operator referred to in paragraph 1 shall on an annual basis , publicly report as widely as possible , including on the internet , on its supply chain due diligence policies. that report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3 , including findings of significant adverse impacts in the risk categories listed in annex x , point 2 , and how they have been addressed , as well as a summary report of the third-party verifications carried out in accordance with point 4 , including the name of the notified body , with due regard for business confidentiality and other competitive concerns. ### the economic operator referred to in paragraph 1 shall on an annual basis , publicly report as widely as possible , including on the internet , on its value chain due diligence policies. that report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3 , including findings of significant adverse impacts in the risk categories listed in annex x , point 2 , and how they have been addressed , as well as a summary report of the third-party verifications carried out in accordance with point 4 , including the name of the notified body , with due regard for business confidentiality and other competitive concerns.


### 7. the commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this article , with regard to the social and environmental risks referred to in annex x , point 2 , and particularly in line with the international instruments referred to in annex x , point 3. ### 7. the commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this article , with regard to the social and environmental risks referred to in annex x , point 2 including clearer definitions of “adverse impacts associated to the risk categories” , and particularly in line with the international instruments referred to in annex x , point 3.


### 7. the commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this article , with regard to the social and environmental risks referred to in annex x , point 2 , and particularly in line with the international instruments referred to in annex x , point 3. ### 7. the commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this article , with regard to the social and environmental risks referred to in annex x , point 2 , and particularly in line with the international instruments referred to in annex x , point 3 and 3a (new).


### amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to regulation (eu) 2017/821 and changes to the due diligence recommendations set out in annex i to the oecd due diligence guidance. ### amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to regulation (eu) 2017/821 and changes to the due diligence recommendations set out in the internationally recognised due diligence standards listed in annex x point 3.


### amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to regulation (eu) 2017/821 and changes to the due diligence recommendations set out in annex i to the oecd due diligence guidance. ### amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to regulation (eu) 2017/821 and changes to the due diligence recommendations set out in the un guiding principles on business and human rights and oecd guidelines for multinational enterprises.


### 7. in order to demonstrate compliance with paragraph 3(a) , producers or , where appointed in accordance with paragraph 2 , producer responsibility organisations acting on their behalf , shall provide a guarantee which may take the form of a recycling insurance or a blocked bank account , or participation by the producer in a producer responsibility organisation. ### 7. in order to demonstrate compliance with paragraph 3(a) , producers or , where appointed in accordance with paragraph 2 , producer responsibility organisations acting on their behalf , shall provide a guarantee which may take the form of a recycling insurance , or a blocked bank account , or a dedicated producer responsibility scheme , or participation by the producer in a producer responsibility organisation.


### 4. the entities referred to in points (a) , (b) and (c) of paragraph 3 may hand over collected waste automotive batteries , industrial batteries and electric vehicle batteries to authorised waste management operators for treatment and recycling in accordance with article 56. in such cases , the obligation of producers pursuant to paragraph 3(c) shall be deemed to be met. ### 4. the entities referred to in points (a) , (b) and (c) of paragraph 3 may hand over collected waste automotive batteries , industrial batteries and electric vehicle batteries at the collection points to authorised waste management operators for treatment and recycling in accordance with article 56. in such cases , the obligation of producers pursuant to paragraph 3(c) shall be deemed to be met.


### 1. distributors shall take back waste batteries from the end-user at no charge and without an obligation to buy a new battery , regardless of their chemical composition or origin. take back for portable batteries shall be provided at or in the immediate vicinity of their retail outlet. take back for waste automotive batteries , industrial batteries and electric vehicle batteries shall be provided at or in the vicinity of their retail outlet. this obligation is limited to the types of waste batteries which the distributor has , or had , as new batteries in its offer and , for portable batteries , to the quantity that non professional end-users normally discard. ### 1. distributors shall take back waste batteries from the end-user at no charge and without an obligation to buy a new battery , regardless of their chemical composition or origin. take back for portable batteries shall be provided at or in the immediate vicinity of their retail outlet. take back for waste automotive batteries , industrial batteries and electric vehicle batteries shall be provided at or in the vicinity of their retail outlet.


### 1. end users shall discard waste batteries separately from other waste streams , including from mixed municipal waste. ### 1. end users shall discard waste batteries separately from other waste streams , including from mixed municipal waste , provided that take-back measures are in place at a reasonable distance and within reach.


### 3. the commission shall , by 31 december 2030 , review the target laid down in paragraph 1(c) and , as part of that review consider the setting of a collection target for batteries powering light means of transport , in the light of the evolution of the market share , as a separate target or as part of a review of the target laid down in paragraph 1(c) and in article 48(4). this review may also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. to that end , the commission shall submit a report to the european parliament and the council on the outcome of the review accompanied , if appropriate , by a legislative proposal. ### 3. the commission shall , by 31 december 2024 , review the target laid down in paragraph 1(c) and , as part of that review consider the setting of a collection target for batteries powering light means of transport , in the light of the evolution of the market share , as a separate target or as part of a review of the target laid down in paragraph 1(c) and in article 48(4). this review may also consider introducing a calculation methodology for the calculation of the separate collection rate with a view to reflecting the quantity of waste batteries available for collection. to that end , the commission shall submit a report to the european parliament and the council on the outcome of the review accompanied , if appropriate , by a legislative proposal.


### 1. independent operators shall be given access to the battery management system of rechargeable industrial batteries and electric vehicle batteries with internal storage with a capacity above 2 kwh , on equal terms and conditions , for the purpose of assessing and determining the state of health and remaining lifetime of batteries , according to the parameters laid down in annex vii. ### 1. independent operators shall be given access to the battery management system of stationary battery energy storage systems and electric vehicle batteries , on equal terms and conditions , for the purpose of assessing and determining the state of health and remaining lifetime of batteries , according to the parameters laid down in annex vii.


### (64) when putting in place a risk-based due diligence policy , it should be based on internationally recognised due diligence principles in the ten principles of the united nations global compact40 , the guidelines for social life cycle assessment of products41 , the ilo tripartite declaration of principles concerning multinational enterprises and social policy42 , and the oecd due diligence guidance for responsible business conduct (rbc)43 , which reflect a common understanding amongst governments and stakeholders , and should be tailored to the specific context and circumstances of each economic operator. in relation to the extraction , processing and trading of natural mineral resources used for battery production , the oecd due diligence guidance for responsible supply chains of minerals from conflict-affected and high-risk areas44 (‘oecd due diligence guidance’) represents a long-standing effort by governments and stakeholders to establish good practice in this area. ### (64) when putting in place a risk-based due diligence policy , it should be based on internationally recognised due diligence principles in the united nations guiding principles on business and human rights , the ten principles of the united nations global compact40 , the guidelines for social life cycle assessment of products41 , the ilo tripartite declaration of principles concerning multinational enterprises and social policy42 , the oecd guidelines for multinational enterprises and the oecd due diligence guidance for responsible business conduct (rbc)43 , which reflect a common understanding amongst governments and stakeholders , and should be tailored to the specific context and circumstances of each economic operator. in relation to the extraction , processing and trading of natural mineral resources used for battery production , the oecd due diligence guidance for responsible supply chains of minerals from conflict-affected and high-risk areas44 (‘oecd due diligence guidance’) represents a long-standing effort by governments and stakeholders to establish good practice in this area.


### (65) according to the oecd due diligence guidance45 , due diligence is an on-going , proactive and reactive process through which companies can ensure that they respect human rights and do not contribute to conflict.46 . risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to prevent or mitigate adverse impacts associated with their activities or sourcing decisions a company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law , recommendations on responsible business conduct by international organisations , government-backed tools , private sector voluntary initiatives and a company's internal policies and systems. this approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships. ### (65) according to these standards due diligence is an on-going , proactive and reactive process through which companies can ensure that they respect human rights and the environment and do not contribute to conflict.46 . risk-based due diligence refers to the steps companies should take to identify and address actual or potential risks in order to prevent or mitigate adverse impacts associated with their activities or sourcing decisions a company can assess risk posed by its activities and relationships and adopt risks mitigating measures in line with relevant standards provided under national and international law , recommendations on responsible business conduct by international organisations , government-backed tools , private sector voluntary initiatives and a company's internal policies and systems. this approach also helps to scale the due diligence exercise to the size of the company's activities or supply chain relationships.


### (66) mandatory supply chain due diligence policies should be adopted or modified and address , at least , the most prevalent social and environmental risk categories. this should cover the current and foreseeable impacts , on one hand , on social life , in particular human rights , human health and safety as well as occupational health and safety and labour rights , and , on the other hand , on the environment , in particular on water use , soil protection , air pollution and biodiversity , including community life. ### (66) mandatory supply chain due diligence policies should be adopted or modified and address , at least , the most prevalent human rights , social and environmental risk categories. this should cover the current and foreseeable impacts , on one hand , on social life , in particular human rights , human health and safety as well as occupational health and safety and labour rights , and , on the other hand , on the environment , in particular on water use , soil protection , air pollution and biodiversity , including community life.


### (67) as regards the social risk categories , due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights , including human health , protection of children and gender equality , in line with international human rights law47 . the due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. the due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the international labour organisation48 as listed in annex i of the ilo tripartite declaration. ### (67) as regards the social risk categories , due diligence policies should address the risks in the battery supply chain in relation to the protection of human rights , including human health , rights of indigenous people , protection of children and gender equality , in line with international human rights law47 . the due diligence policies should include information on how the economic operator has contributed to the prevention of human rights abuses and on the instruments in place with the operator’s business structure to fight corruption and bribery. the due diligence policies should also ensure correct implementation of the rules of fundamental conventions of the international labour organisation48 as listed in annex i of the ilo tripartite declaration.


### — weighs below 5 kg; ### — weighs below 8 kg;


### 1. stationary battery energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use , including evidence that they have been successfully tested for the safety parameters laid down in annex v , for which state-of-the-art testing methodologies should be used. ### 1. stationary battery energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use , including evidence that they have been successfully tested at least for the safety parameters laid down in annex v , for which state-of-the-art testing methodologies should be used.


### 1. rechargeable industrial batteries and electric vehicle batteries with internal storage and a capacity above 2 kwh shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in annex vii. ### 1. stationary battery energy storage systems and electric vehicle batteries shall include a battery management system containing data on the parameters for determining the state of health and expected lifetime of batteries as laid down in annex vii.


### 39 obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kwh on the market to establish supply chain due diligence policies ### 39 obligation for economic operators that place stationary battery energy storage systems and electric-vehicle batteries on the market to establish supply chain due diligence policies


### 1. as of [12 months after the entry into force of the regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kwh on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this article and shall keep documentation demonstrating its respective compliance with those obligations , including the results of the third-party verification carried out by notified bodies. ### 1. as of [12 months after the entry into force of the regulation] the economic operator that places stationary battery energy storage systems and electric-vehicle batteries on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this article and shall keep documentation demonstrating its respective compliance with those obligations , including the results of the third-party verification carried out by notified bodies.


### incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in annex ii to the oecd due diligence guidance; ### incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in un guiding principles on business and human rights and oecd guidelines for multinational enterprises;


### (ii) adopting risk management measures consistent with annex ii to the oecd due diligence guidance , considering their ability to influence , and where necessary take steps to exert pressure on suppliers who can most effectively prevent or mitigate the identified risk; ### (ii) adopting risk management measures consistent with un guiding principles on business and human rights and oecd guidelines for multinational enterprises , considering their ability to influence , and where necessary take steps to exert pressure on suppliers who can most effectively prevent or mitigate the identified risk;


### a battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in article 7(1) , (2) and (3) , article 8(1) , (2) and (3) , article 10(1) and (2) and article 39(1) where the economic operator placing a repurposed or remanufactured battery on the market can demonstrate that the battery , before its repurposing or remanufacturing , was placed on the market before the dates on which those obligations become applicable in accordance with those articles. ### a battery that has been repurposed or remanufactured shall not be subject to the obligations laid down in article 7(1) , (2) and (3) , article 8(1) , (2) and (3) and article 39(1) where the economic operator placing a repurposed or remanufactured battery on the market can demonstrate that the battery , before its repurposing or remanufacturing , was placed on the market before the dates on which those obligations become applicable in accordance with those articles.


### a. whereas intellectual property (ip) registrations are constantly increasing and the single market remains fragmented by differences in national legislation , which are hindering the development of companies , in particular smes , and consumers’ access to innovative and safe products; ### a. whereas while intellectual property (ip) investments are constantly increasing , the single market remains fragmented by differences in national legislation and the persisting need for parallel national validation procedures and litigation , which are hindering to address effectively some of the most important social challenges of our times through innovative solutions as well as the development of companies , in particular smes , and consumers’ access to innovative and safe products;


### a. whereas strong protection and enforcement of intellectual property rights (ipr) , which play a huge role in the european economy , are essential; ### a. whereas strong protection and enforcement of intellectual property rights (ipr) , which play a very important role in the european economy , are essential;


### 1. supports the commission in the implementation of its intellectual property action plan of november 2020 , as strong , robust ipr protection at national , european and international level which enables return on investment is particularly important for the economic recovery from covid-19 as well as the creation of a digital and globally competitive sustainable economy in europe; ### 1. supports the commission in the implementation of its intellectual property action plan of november 2020 , as strong , robust ipr protection at national , european and international level which enables return on investment is particularly important for the economic and social recovery from covid-19 as well as the creation of a digital and globally competitive sustainable economy in europe where innovation also serves the purpose of contributing to the common good of society;


### 1. stresses the significant role played by geographical indications (gi) and traditional specialities guaranteed (tsg) in protecting the reputation of the eu food and drink sector in the single market and international markets , despite the fact that they only represent 7 % of total eu food and drink sales; ### 1. stresses the significant role played by geographical indications (gi) and traditional specialities guaranteed (tsg) in protecting the reputation of the eu food and drink sector in the single market and international markets;


### 2. highlights that iprs have many benefits for small and medium-sized enterprises (smes) , since smes that own iprs have 68 % higher revenue per employee compared to smes that do not; is therefore concerned that only approximately 9 % of smes own iprs; welcomes , therefore , the ip vouchers , the ip-scan and other initiatives of the commission and the euipo to help smes make the most of their intellectual property (ip) assets; ### 2. highlights that iprs have many benefits for small and medium-sized enterprises (smes); underlines that iprs-intensive industries offer better quality job positions , with better working conditions and higher remuneration; notes that smes that own iprs generate up to 68% higher revenue per employee and wages paid are 20% higher compared to smes that do not; is therefore concerned that only approximately 9 % of smes own iprs; welcomes , therefore , the ip vouchers , the ip-scan and other initiatives of the commission and the euipo to help smes make the most of their intellectual property (ip) and asks the commission to consider to launch similar initiatives for all kind of intellectual property (ip) assets;


### 2. calls on the commission to continue strengthening intellectual property rights (ipr) protection and enforcement in non-eu countries through eu-funded technical cooperation programmes; welcomes in particular the intention to promote better generation and management of intellectual property (ip) on the african continent as part of a joint partnership building on the current four-year cooperation programme for africa; ### 2. calls on the commission to continue strengthening intellectual property rights (ipr) protection and enforcement in non-eu countries through eu-funded technical cooperation programmes , such as the three ongoing ip key cooperation programmes with china , southeast asia and latin america; welcomes in particular the intention to promote better generation and management of intellectual property (ip) on the african continent as part of a joint partnership building on the current four-year cooperation programme for africa (afripi); urges the commission to work towards forging a stronger consensus on the importance of ipr protection in developing countries to increase creativity and support bottom-up research , with the aim of maximising global innovation and promoting sustainable foreign direct investment , while contributing concretely to social and economic growth at domestic level;


### 3. is convinced that support for smes , including financial and non-financial measures , is the right way to provide them with better access to iprs and that the union’s financial instruments are of the utmost importance in this context; calls on the commission and the euipo , therefore , to continue implementing ip management support measures for smes in the context of the economic recovery , including the provision of one-stop shop access to information and related services and advice about ip; ### 3. is convinced that support for smes , including financial and non-financial measures , is the right way to provide them with better knowledge and facilitate their access to iprs and that the union’s financial instruments are of the utmost importance in this context; calls on the commission and the euipo , therefore , to continue implementing ip management support measures for smes in the context of the economic recovery , including the provision of one-stop shop access to information and related services and advice about ip;


### 3. strongly encourages the commission to assist producers and their associations as well as local authorities in developing countries in unlocking the potential of ip and reaping the economic value of local innovations , geographical indications and traditional knowledge; reiterates its call , in this regard , to respect the progress achieved in the international protection of indigenous peoples’ rights over their genetic resources and associated traditional knowledge; ### 3. strongly encourages the commission and eu delegations to assist producers and their associations as well as local authorities in developing countries in unlocking the potential of ip and reaping the economic value of local innovations , geographical indications and traditional knowledge; reiterates its call , in this regard , to respect the progress achieved in the international protection of indigenous peoples’ rights over their genetic resources and associated traditional knowledge;


### 4. stresses that the unitary patent package (upp) , which includes the european patent with unitary effect (unitary patent) and the unified patent court (upc) , will make patent protection and dispute settlement across europe less complex , less costly and more efficient; asks the participating member states which have not yet done so , therefore , to conclude the ratification of the agreement on a unified patent court (upca) , as well as the protocol to the upca on provisional application (ppa) , as soon as possible , or by other means to declare that they are bound to the ppa in order to allow for a rapid entry into operation of the upp; ### 4. stresses that the unitary patent package (upp) initiative , which includes the european patent with unitary effect (unitary patent) and the unified patent court (upc) , will potentially make patent protection and dispute settlement across europe comprehensible , less costly and more efficient; invites the participating member states which have not yet done so , therefore , to move forward on the ratification of the agreement on a unified patent court (upca) , as well as the protocol to the upca on provisional application (ppa);


### 4. recognises that ip systems contribute to the development of new medicines , but stresses that they must comply with international human rights law and public health requirements; notes that strong iprs may limit access to medicines in developing countries while not necessarily encouraging pharmaceutical innovation that responds to the needs of developing countries; ### 4. recognises that ip systems contribute to the development of new medicines , but stresses that they must comply with international human rights law , public international law and public health requirements; notes that strong iprs may limit access to medicines in developing countries while not necessarily encouraging pharmaceutical innovation that responds to the needs of developing countries; encourages therefore the commission to initiate a broader discussion at wto level on how best to avoid barriers to access to vaccines , medicines and other critical health services , in particular in cases of major health crises;


### 5. encourages the member states that are not yet participating in enhanced cooperation for the creation of unitary patent protection and/or have not yet acceded to the upca , to do so; ### 5. encourages the member states that are not yet participating in enhanced cooperation for the creation of unitary patent protection and/or have not yet acceded to the upca , to continue their process towards full participation;


### 5. welcomes , as a positive step , the recently announced us support for a proposal to temporarily waive certain provisions of the agreement on trade-related aspects of intellectual property rights for the prevention , containment and treatment of covid-19; urges the commission , therefore , to follow through on its promise to engage in active and constructive text-based negotiations at world trade organization level. ### 5. welcomes , as a positive step , the recently announced us support for a proposal to temporarily waive certain provisions of the agreement on trade-related aspects of intellectual property rights for the prevention , containment and treatment of covid-19; urges the commission , therefore , to follow through on its promise to engage in active and constructive text-based negotiations at world trade organization level; takes note of the fact that the commission submitted an initiative to the wto in order to strengthen the multilateral response to the covid-19 pandemic based on three components , with one of them referring to a clarification and facilitation of trips agreement flexibilities , notably certain aspects related to the use of compulsory licensing in times of emergency;


### 6. welcomes the one-stop-shop alternative dispute resolution system to be established under article 35 of the upca; asks the member states to enable the quick roll-out of the patent arbitration and mediation centre and calls on the commission to assess whether the centre could , in the long term , deal with all ip disputes; ### 6. welcomes the one-stop-shop alternative dispute resolution system to be established under article 35 of the upca; asks the member states to enable the quick roll-out of the patent arbitration and mediation centre and calls on the commission to assess the mid and long-term competencies of the centre;


### 10. acknowledges that information on the existence , scope and relevance of standard essential patents (seps) is important for fair licensing negotiations allowing the potential user of standards to identify the scale of their exposure to seps and possible licensors; notes that although good faith negotiations between willing parties occur in most cases , seps are often litigated; ### 10. acknowledges that information on the existence , scope and relevance of standard essential patents (seps) is important for fair licensing negotiations allowing the potential user of standards to identify the scale of their exposure to seps and possible licensors; notes that although good faith negotiations between willing parties occur in most cases , seps are often litigated; suggests to the commission that it looks into possible incentives for negotiation that avoid litigation as it would avoid the inherent dispute costs and reduce other related problems;


### 11. stresses that many patent applications declared in standard development organisations during the standard setting process as potentially essential may eventually not be essential to the standard as finally adopted or after the granting of the patent , and that an appropriate scrutiny mechanism would enhance transparency and increase legal certainty; welcomes in this regard the pilot study for essentiality assessment of seps9 ; ### 11. stresses that many patent applications declared in standard development organisations during the standard setting process as potentially essential may eventually not be essential to the standard as finally adopted or after the granting of the patent , and that an appropriate scrutiny mechanism would enhance transparency and increase legal certainty; welcomes in this regard the pilot study for essentiality assessment of seps9 ; acknowledges that such essentiality assessment should be truly independent and transparent on determining whether a declared sep is essential or not;


### 12. asks the commission to further investigate , together with the relevant stakeholders , the requirements for an independent system of third-party essentiality checks by identifying the demand for , assessing the impact of and defining the role that resources such as emerging technologies like ai and/or technical expertise contributed by the epo could play in that context , and to use the knowledge gained as input for the legislative initiative on sep envisaged for the beginning of 2022; ### 12. asks the commission to carefully consider , together with the relevant stakeholders , the requirements for an independent , neutral and transparent system of third-party essentiality checks by identifying the demand for , assessing the impact of and defining the role that resources such as emerging technologies like ai and related technologies and/or technical expertise contributed by the epo could play in that context , and to use the knowledge gained as input to any future legislative initiative; underlines that any proposed system of essentiality must be subject to judicial review and be without prejudice to the rights of the parties to access the courts to adjudicate on disputes;


### 13. acknowledges the importance of a balanced licensing system for seps and insists on the importance of stable , efficient and fair rules in that regard; underlines that ‘fair , reasonable and non-discriminatory terms’ (frand) are vague legal terms that include legal uncertainty and calls on the commission to monitor industry developments and provide more clarity on various aspects of frand , including through designating an observatory (a competence centre) to that effect , and to publish annual reports evidencing actual cases of non-compliance with frand and so-called patent ‘hold-up’ and patent ‘hold-out’; ### 13. acknowledges the importance of a balanced licensing system for seps and insists on the importance of stable , levelled , efficient and fair rules in that regard; recalls the european parliament's previous call for the commission to publish biannual reports evidencing actual cases of unlicensed sep use and issues regarding access to standards due to systematic non-compliance with ‘fair , reasonable and non-discriminatory terms’ (frand) commitments; calls on the commission to provide more clarity on various aspects of frand , as well as case law on the topic , especially for smes utilising standardised technology for the first time , including through designating an observatory (a competence centre) to that effect , and to publish annual reports evidencing actual cases of non-compliance with frand and so-called patent ‘hold-up’ and patent ‘hold-out’;


### 14. supports the commission in its initiative to establish eu sui generis protection of geographical indications (gis) for non-agricultural products in order to align to the geneva act of the lisbon agreement on appellations of origin and geographical indications , which includes the possibility to protect gis for both agricultural and non-agricultural products; ### 14. supports the commission in its initiative to establish sui generis protection of geographical indications for non-agricultural products , in order to align with the wto agreement on trade-related aspects of intellectual property rights (trips agreement) , which sets out that geographical indications are those which identify a product as originating in the territory of a member or a region or locality in that territory , where a given quality , reputation or other characteristic of the product is essentially attributable to its geographical origin; and the geneva act of the lisbon agreement on appellations of origin and geographical indications , which includes the possibility to protect gis for both agricultural and non-agricultural products;


### 15. takes note that some member states have already established national sui generis protection systems for gis for non-agricultural products , creating fragmentation , and that protection at union level would bring the necessary legal certainty to all players; ### 15. takes note that some member states have already established national protection systems for gis for non-agricultural products , creating fragmentation , and that protection at union level would bring the necessary legal certainty to all players along with guaranteed prevention of intellectual property rights violations concerning manufactured and artisanal products;


### 16. welcomes the commission’s willingness to revise union legislation on design protection to better support the transition to the digital and green economy and calls on the commission to update the registration procedure to allow for new forms of design to be protected in an easy and less burdensome way; ### 16. welcomes the commission’s willingness to revise union legislation on design protection to better support the transition to the digital and green economy and calls on the commission to update the registration procedure to allow for new forms of design , such as graphical user interfaces , virtual and animated designs , fonts and icons , and those relevant following new developments and technologies to be protected in an easy and less burdensome way;


### 17. points out that some member states have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation , allowing for component parts of complex products to be manufactured and sold without infringing on iprs; notes that this creates fragmentation in the internal market and legal uncertainty; calls on the commission , therefore , to include a ‘repair clause’ in its future proposal; ### 17. points out that some member states have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation , allowing for component parts of complex products to be manufactured and sold without infringing on iprs; notes that this creates fragmentation in the internal market and legal uncertainty; calls on the commission , therefore , to include a ‘repair clause’ in its future proposal , that will contribute to support the transition into a more sustainable and greener economy;


### 19. points out that counterfeit goods , in particular counterfeit medicines and fake personal protective equipment and masks in the context of the covid-19 pandemic , can have serious impacts on the health of eu citizens and can cause serious harm to public health; ### 19. points out that there is a relation between counterfeited products and risks to the health and safety of consumers; namely , in the context of the covid-19 pandemic , counterfeiting of medicines , personal protective equipment and masks can cause serious harm to public health; suggests that such relation is included and dealt with in the scope of the upcoming review of the eu general product safety directive (gpsd);


### 20. highlights that in 2016 , up to 6.8 % of eu imports , or a value of eur 121 billion , were fake goods and that ipr infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the member states to develop effective and dissuasive sanctions to fight counterfeiting and piracy; ### 20. highlights that in 2016 , up to 6.8 % of eu imports , or a value of eur 121 billion , were fake goods and that ipr infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the member states , together with the european commission , customs authorities , europol , interpol , and law enforcement authorities to coordinate strategies and to develop effective and dissuasive sanctions to fight counterfeiting and piracy;


### 21. stresses that the internet is significantly used to distribute counterfeit products and ipr-infringing services and welcomes the proposal of the commission for a digital services act; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that ai and blockchain could play an important role in detecting counterfeit and piracy and enforcing ipr in the whole supply chain; supports , therefore , the use of new technologies to combat ip infringements and welcomes publications produced by the euipo observatory; ### 21. regrets the significant use of the internet for the distribution of counterfeit products , infringing content and ipr-infringing services and welcomes the proposal of the commission for a digital services act on the basis of the principle that "what is illegal offline , is illegal online"; calls for the establishment of a robust framework to counter those ipr infringements; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and piracy and that ai and blockchain could play an important role in detecting counterfeit and piracy and enforcing ipr in the whole supply chain; supports , therefore , the use of new technologies to combat ip infringements and welcomes publications produced by the euipo observatory;


### 23. highlights that ip protection related to ai technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover ai technologies , clear criteria for the protection of inventions created with the help of ai technologies are necessary; asks the commission , therefore , in cooperation with the epo and euipo , to provide legal certainty on this subject and to follow the issue closely at international level in the wipo; ### 23. highlights that ip protection related to ai technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover ai technologies , clear criteria for the iprs of creations and inventions generated with the assistance of ai technologies are necessary; asks the commission , therefore , in cooperation with the epo and euipo , to provide legal certainty on this subject and to follow the issue closely at international level in the wipo;


### 24. regrets the fact that the commission’s 2016 study on patent assertion entities (pae) in europe10 did not provide a clear answer to the question of whether the business models of some pae , consisting in acquiring patents from third parties and seeking to generate revenue by asserting them against alleged infringers by misusing litigation asymmetries , abuse loopholes in existing legislation and therefore constitute a problem that should be tackled; calls the commission to carry out an in-depth study on this issue; ### 24. regrets the fact that the commission’s 2016 study on patent assertion entities (pae) in europe10 concluded that the eu legal framework already provides for safeguards although it did not provide a clear answer to the question of whether the business models of some pae , consisting in acquiring patents from third parties and seeking to generate revenue by asserting them against alleged infringers by misusing litigation asymmetries; encourages the commission to continue to monitor this issue and to carry out an in-depth study , namely on business models seeking to generate revenue from the acquisition of patents from third parties to tackle this problem;


### 25. notes that ipr protection is key in encouraging companies to invest in innovative products and processes and to produce new medicines , but is convinced that compulsory licensing of patents is important as a last-resort tool meant to allow life-saving interventions in the public interest; calls on the commission , therefore , to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing in the eu , taking into account cases in which it has been used in the union , the reasons for its use , the conditions under which it was granted , its economic consequences and whether it achieved the desired effect; ### 25. acknowledges the importance of compulsory licensing or waiver of iprs for medicines as a last-resort tool meant to fight global health emergencies and to allow life-saving interventions in the public interest , and in anticipation of future needs resulting from the conditions imposed by the accessibility to certain medical products that ultimately jeopardise the lives of patients; calls on the commission , therefore , to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing and waiver of iprs for medicines in the eu , taking into account cases in which it has been used in the union , the reasons for its use , the conditions under which it was granted , its economic consequences and whether it achieved the desired effect;


### 26. suggests that an ip coordinator be established at european level in order to ensure a holistic and coordinated approach to eu ip policy and enhance cooperation between the different national ip authorities , the directorates-general of the commission and other bodies in charge of ipr , such as the epo , euipo and wipo; ### 26. suggests that an ip and competition coordinator be established at european level in order to ensure a holistic and coordinated approach to eu ip and competition policy and enhance cooperation between the different national ip authorities , the directorates-general of the commission and other bodies in charge of ipr , such as the epo , euipo and wipo;


### a. whereas trade within the single market accounts for 56 million european jobs and the estimated economic benefits range between 8 and 9 % of eu gdp3 ; ### deleted


### b. whereas any assessment of the barriers to the single market should be based on the experiences and perceptions of businesses and consumers who engage to some degree with the single market every day; whereas single market barriers disproportionately affect smes and microenterprises , and hinder their cross-border activities; ### b. whereas any assessment of the barriers to the single market should be based on the experiences and perceptions of businesses and consumers who engage to some degree with the single market every day as well as on the purpose of the existing rules; whereas single market barriers affect smes and microenterprises , and hinder their cross-border activities;


### c. whereas many barriers affecting the single market derive from incorrect or incomplete application of eu legislation; ### c. whereas many barriers affecting the single market derive from incorrect or incomplete application of eu legislation or from unilateral political decisions with direct or indirect impact on intra-eu movement of goods and services taken by member states;


### d. whereas insufficient or incorrect implementation and lack of enforcement have damaging consequences both at eu and national level for citizens and businesses; ### d. whereas insufficient or incorrect implementation and lack of enforcement have negative effects both at eu and national level for citizens and businesses;


### e. whereas the current commission has not yet come forward with a comprehensive legislative package addressing failures in the exercise of the core freedoms of the single market beyond enforcement , other than digital initiatives; whereas parliament and council failed to adopt the core initiatives of the 2016 services package; ### e. whereas the elaboration and implementation of internal market legislation must always ensure the proper involvement of social partners and civil society organisations , thereby promoting fair and rules-based markets , where high social and environmental standards , quality goods and services and fair competition constitute paramount considerations; whereas the commission has prioritised the need for a better enforcement of existing single market legislation next to a number of digital and green initiatives paving the way for the twin-transition; whereas the parliament and the council rejected some of the proposals of the 2016 services package;


### 1. welcomes the single market governance package of march 2020 , which aims to improve the implementation and enforcement of european legislation; considers that it is only a partial answer to the deficiencies hampering the proper functioning of the common market; ### 1. welcomes the single market governance package of march 2020 , which aims to improve the implementation and enforcement of european legislation; considers as well that there are still remaining legislative and law enforcement deficiencies hampering the proper functioning of the single market;


### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and businesses; ### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular unjustified non-tariff barriers (ntbs) , which continue to limit opportunities for consumers , workers and businesses; acknowledges that stronger monitoring also by the member states , and increased political emphasis on the single market are likely to be needed to effectively remove such barriers and in order to further deepen the single market integration;


### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and businesses; ### 2. underlines that the single market remains one of the greatest achievements of the european union; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular unjustified non-tariff barriers (ntbs) , which prevent the realisation of the single market's full economic potential and continue to limit opportunities for consumers , workers and businesses;


### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and businesses; ### 2. underlines that the single market remains the european union’s greatest achievement; urges the commission , therefore , to refocus resources at issues plaguing the single market , in particular non-tariff barriers (ntbs) , which continue to limit opportunities for consumers and the possibility of running and developing businesses and are liable to create conditions that differ between businesses;


### 2. stresses that the proper functioning of the single market is key to safeguarding agri-food supplies across the eu and is the best tool to ensure recovery for all; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market; ### 2. stresses that the proper functioning of the single market is key to safeguarding sufficient , affordable and high quality agri-food supplies across the eu and is the best tool to ensure competitiveness , vibrant rural areas , decent incomes , a fair standard of living and a prompt recovery for the european agricultural community; notes that in some member states the covid-19 pandemic has led to certain types of local restrictions; recalls that national measures cannot undermine the fundamental principles of the single market;


### 3. underlines that the achievement of the objectives in the green deal and european digital agendas is based on the effective functioning of the single market , which is a key enabler of market efficiency and innovation and tool for modernising european economies; believes , therefore , that the single market’s shortcomings deserve at least the same level of attention as the green deal and the european digital agenda; reaffirms its own commitment to developing and safeguarding a robust , consumer- and business-friendly internal market; ### 3. underlines that the achievement of the objectives in the green deal and european digital agendas is also based on the effective functioning of the single market , which is a key enabler of market efficiency and innovation and one of several tools for modernising european economies; believes , therefore , that the single market’s shortcomings deserve the same level of attention as the green deal and the european digital agenda; underlines that european policies should also cope with the rules of the single market and must respect principles such as "what is illegal offline should be illegal online"; reaffirms its own commitment to developing and safeguarding a robust , consumer- and business-friendly internal market;


### 3. highlights the importance of enhancing the resilience of regional and local food systems , as well as of short supply chains , as set out in the farm to fork strategy; stresses , however , that the strategy should not lead to additional barriers and greater fragmentation within the single market; ### 3. highlights the importance of enhancing the resilience of eu agri-food systems , including regional and local food systems , as well as of short supply chains , as set out in the farm to fork strategy; stresses , however , that the strategy should be based on a comprehensive ex-ante , scientific and cumulative impact assessment based on public consultations with representatives of the agri-food chain and other relevant stakeholders , and not lead to additional barriers and greater fragmentation within the single market;


### 4. regrets that overlooked ntbs undermine the eu’s industrial strategy goals , especially reshoring of production and strengthening the resilience of the european economy; ### 4. regrets that some ntbs might impede upon the eu’s industrial strategy goals , especially reshoring of production and strengthening the resilience of the european economy;


### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified and proportional , and should not create obstacles to the smooth movement of food products across the eu; ### 4. notes the recent increase in national labelling requirements for food and drink products; underlines that these requirements must be justified , proportional and in line with eu harmonized food and drink regulatory framework , especially with regard to safety issues , and should not create obstacles to the smooth movement of food products across the eu;


### 5. acknowledges that certain ntbs can be justified and originate from multi-level governance; urges the member states , where such ntbs are absolutely essential , to ensure their proportionality and strict alignment with legitimate public policy objectives; ### 5. acknowledges that some non-discriminatory ntbs might be justified; urges the member states , where such ntbs are absolutely essential , to ensure their proportionality and strict alignment with legitimate public policy objectives such as the protection of workers , consumers , public health , the environment , public services and the general interest;


### 5. considers it unacceptable that quality differences exist between food products which are advertised and distributed in the single market under the same brand name and with the same packaging; welcomes the commission’s incentives to address the issue of dual food quality in the single market. ### 5. considers it unacceptable that differences , which are not due to legitimate factors such as consumers preferences , the place of manufacturing , specific local requirements , differences in technologies or in sourcing of raw materials , exist in the quality of food products which are advertised and distributed in the single market under the same brand name and with the same packaging; welcomes the commission’s incentives to address the issue of dual food quality and calls for the implementation of all the necessary measures in order to avoid any obastacle to the functioning of the european single market , taking into due account the existing differences in market conditions , purchasing powers and fiscal regimes among member states.


### 5. considers it unacceptable that quality differences exist between food products which are advertised and distributed in the single market under the same brand name and with the same packaging; welcomes the commission’s incentives to address the issue of dual food quality in the single market. ### 5. considers it unacceptable that quality differences exist between food products which are advertised and distributed in the single market under the same brand name and with the same packaging; welcomes the adoption of directive (eu) 2019/2161 and the commission’s incentives and supports the joint research center's work and findings , which all aim at addressing the issue of dual food quality in the single market;


### 6. points out that the commission and stakeholders have identified a group of key barriers to cross-border activities , among them: ### 6. points out that the commission and stakeholders have identified a group of barriers to cross-border activities , amongst others:


### a) regulatory disparities and inconsistent implementation of eu law , which force companies to commit resources to the laborious process of analysing provisions that are harmonised at eu level , diverting investments away from activities that create jobs or support growth; ### a) regulatory disparities and inconsistent implementation or enforcement of eu law , which make cross-border exchanges more complicated;


### b) burdensome and complex administrative requirements , and inaccessible information and limited lines of communication with public administration , including through points of single contact , which also limit the possibilities for new or competing services in new locations that would improve consumer choice; ### b) burdensome and complex administrative requirements , and inaccessible or non-existent information and limited lines of communication with public administration , including through points of single contact , which also limit the possibilities for new or competing services in new locations that would improve consumer choice;


### b) burdensome and complex administrative requirements , and inaccessible information and limited lines of communication with public administration , including through points of single contact , which also limit the possibilities for new or competing services in new locations that would improve consumer choice; ### b) burdensome and complex administrative requirements , and inaccessible information and limited lines of communication with public administration which also limit the possibilities for new or competing services in new locations that would grant more possible choices for consumer;


### c) additional technical requirements adopted at the national level and implemented beyond the requirements set by european law (gold-plating); ### deleted


### d) a lack of harmonised standards increasing the compliance cost for companies operating cross-border; ### d) a lack of harmonised technical standards increasing the compliance cost for companies operating cross-border;


### 7. emphasises that the ntbs severely impact the services sector and thereby other segments of the economy underpinned by the services sector; highlights that in its report , the commission was able to identify 24 specific restrictions across 13 sectors which breach rules established by the services directive , including some which are discriminatory or are requirements on establishment or nationality4 ; ### 7. emphasises that the ntbs may also impact the services sector and thereby other segments of the economy underpinned by the services sector; highlights that in its report , the commission claims to have identified 24 specific restrictions across 13 sectors4 ;


### 8. recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices introduced by the country of destination , and not from incompatibility with eu law; ### 8. recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices introduced by the country of destination , and not from incompatibility with eu law , and that it is therefore necessary to dispense with unwarranted and needless administrative practices so as to facilitate the provision of services and the accessibility of businesses throughout the internal market;


### 8. recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices introduced by the country of destination , and not from incompatibility with eu law; ### 8. recalls that a considerable number of problems with the cross-border provision of services stem from administrative practices and linguistic barriers of the different member states , and not from incompatibility with eu law;


### 9. recognises the insufficient use of the notification procedure under the services directive; calls on the commission to reflect on improving this framework , possibly by means of a new initiative which would increase clarity and transparency on the measures that need to be notified , while remaining cautious in order to not undermine the services directive and avoiding the situation which led to the withdrawal of the previous proposal; ### 9. recognises the insufficient use of the notification procedure under the services directive; calls on the commission to reflect on improving this framework;