### member states should be encouraged to assign the functions of the managing authority to an egtc or to make such a grouping , like other cross - border legal bodies , responsible for managing a sub - programme , an integrated territorial investment or one or more small project funds , or to act as sole partner . ### member states should , where appropriate , delegate the functions of the managing authority to an egtc or to make such a grouping , like other cross - border legal bodies , responsible for managing a sub - programme , an integrated territorial investment or one or more small project funds , or to act as sole partner . member states shall enable regional and local authorities and other public bodies from different member states to set up such cooperation groupings with a legal personality and shall involve local and regional authorities in their functioning in order to enhance the territorial ownership of these initiatives ;


### with regard to an interreg programme under component 2b or under component 1 where the latter covers long borders with heterogenous development challenges and needs , member states and , where applicable , third countries , partner countries and octs participating in an interreg programme may define sub - programme areas . ### with regard to an interreg programme under component 1 where the latter covers long borders with heterogenous development challenges and needs , member states and , where applicable , third countries , partner countries and octs participating in an interreg programme may define sub - programme areas .


### an additional 15 % of the erdf and , where applicable , of the external financing instruments of the union allocations under priorities other than for technical assistance to each interreg programme under components 1 , 2 and 3 , shall be allocated on the interreg - specific objective of ' a better interreg governance ' or on the external interreg - specific objective of ' a safer and more secure europe ' . ### up to 15 % of the erdf and , where applicable , of the external financing instruments of the union allocations under priorities other than for technical assistance to each interreg programme under components 1 , 2 and 3 , shall be allocated on the interreg - specific objective of ' a better interreg governance ' or , where applicable , on the external interreg - specific objective of ' a safer and more secure europe ' .


### for operations of strategic importance and operations whose total cost exceed eur 10 000 000 organising a communication event and involving the commission and the responsible managing authority in a timely manner . ### for operations of strategic importance and operations whose total cost exceed eur 5 000 000 organising a communication event and involving the commission and the responsible managing authority in a timely manner .


### the member state may transfer during the programming period an amount of up to 5% of the initial allocation of a priority and no more than 3% of the programme budget to another priority of the same interreg programme . ### the member state may transfer during the programming period an amount of up to 10 % of the initial allocation of a priority and no more than 5 % of the programme budget to another priority of the same interreg programme .


### partners shall cooperate in the development , implementation , staffing and financing of interreg operations . ### partners shall cooperate in the development and implementation of interreg operations , as well as in the staffing and / or financing thereof .


### transnational cooperation and maritime cooperation interreg programmes may cover : ### transnational cooperation interreg programmes may cover :


### the member state hosting the prospective managing authority , shall submit an interreg programme to the commission by [ date of entry into force plus nine months ; ] on behalf of all participating member states and , where applicable , third countries , partner countries or octs . ### the member state hosting the prospective managing authority , shall submit an interreg programme to the commission by [ date of entry into force plus twelve months ; ] on behalf of all participating member states and , where applicable , third countries , partner countries or octs .


### the erdf resources for the european territorial cooperation goal shall amount to eur&#160 ; 8&#160 ; 430&#160 ; 000&#160 ; 000 of the global resources available for budgetary commitment from the erdf , esf + and the cohesion fund for the 2021 - 2027 programming period and set out in article [ 102 ] of regulation [ new cpr ] . ### the erdf resources for the european territorial cooperation goal shall amount for components 1 to 4 referred to in article 3 to 3 % and for component 5 to an additional 0 . 3 % of the global resources available for budgetary commitment from the erdf , esf + and the cohesion fund for the 2021 - 2027 programming period and set out in article [ 103 ] of regulation [ new cpr ] .


### under component 1 and 2b interreg programmes : ### under component 1 and 2 interreg programmes :


### common output and common result indicators , as set out in annex [ i ] to regulation [ new erdf ] , and , where necessary , programme - specific output and result indicators shall be used in accordance with article [ 12 ] of regulation [ new cpr ] , and point of article 17 and point of article 31 of this regulation . ### common output and common result indicators , as set out in annex [ i ] to regulation [ new erdf ] , which are found to be most suited to measure progress towards the goals of the european territorial cooperation goal programme , shall be used in accordance with article [ 12 ] of regulation [ new cpr ] , and point of article 17 and point of article 31 of this regulation .


### each managing authority shall electronically transmit to the commission cumulative data for the respective interreg programme by 31 january , 31 march , 31 may , 31 july , 30 september and 30 november of each year in accordance with the template in annex [ vii ] to regulation [ new cpr ] . ### each managing authority shall electronically transmit to the commission cumulative data for the respective interreg programme by 31 january , 31 may , and 30 september of each year in accordance with the template in annex [ vii ] to regulation [ new cpr ] .


### each managing authority shall electronically transmit to the commission cumulative data for the respective interreg programme by 31 january , 31 march , 31 may , 31 july , 30 september and 30 november of each year in accordance with the template in annex [ vii ] to regulation [ new cpr ] . ### each managing authority shall electronically transmit to the commission data for the respective interreg programme pursuant to article 31 by 31 january , 31 may and 30 september of each year as well as data pursuant to article 31 once per year in accordance with the template in annex [ vii ] to regulation [ new cpr ] .


### the cross - border cooperation component should aim to tackle common challenges identified jointly in the border regions , and to exploit the untapped growth potential in border areas as evidenced in the communication of the commission ' boosting growth and cohesion in eu border regions’23 . consequently , the cross - border component should be limited to cooperation on land borders and cross - border cooperation on maritime borders should be integrated into the transnational component . _________________ 23 communication from the commission to the council and the european parliament ' boosting growth and cohesion in eu border regions ' - com 534 final , 20 . 9 . 2017 . ### the cross - border cooperation component should aim to tackle common challenges identified jointly in the internal border regions and / or at the borders with the non - eu states and to exploit all the specificities of these regions and the untapped growth potential in border areas as evidenced in the communication of the commission ' boosting growth and cohesion in eu border regions’23 . consequently , the cross - border component should be limited to cooperation on land borders and cross - border cooperation on maritime borders should be integrated into the transnational component . _________________ 23 communication from the commission to the council and the european parliament ' boosting growth and cohesion in eu border regions ' - com 534 final , 20 . 9 . 2017 .


### as a flat rate in accordance with article [ 50 ] of regulation [ new cpr ] . ### direct staff costs of an operation may be calculated at a flat rate of up to 20 % of the direct costs other than the direct staff costs of that operation , without there being a requirement for the member state to perform a calculation to determine the applicable rate .


### the interreg programme cannot be implemented as planned due to problems in relations between the participating countries . ### in justified cases , where the interreg programme cannot be implemented as planned due to serious problems in relations between the participating countries .


### technical assistance to each interreg programme shall be reimbursed as a flat rate by applying the percentages set out in paragraph 2 to the eligible expenditure included in each payment application pursuant to [ points or of article 85 ] of regulation [ new cpr ] as appropriate . ### technical assistance to each interreg programme shall be reimbursed as a flat rate by applying the percentages set out in paragraph 2 for 2021 and 2022 to the yearly instalments of the pre - financing pursuant to points and of article 49 and then to the eligible expenditure included in each payment application pursuant to [ points or of article 85 ] of regulation [ new cpr ] as appropriate for subsequent years .


### in order to support the harmonious development of the union ' s territory at different levels , the erdf should support cross - border cooperation , transnational cooperation , maritime cooperation , outermost regions’ cooperation and interregional cooperation under the european territorial cooperation goal . ### in order to support the harmonious development of the union ' s territory at different levels , the erdf should support cross - border cooperation , transnational cooperation and interregional cooperation under the european territorial cooperation goal .


### transnational cooperation and maritime cooperation over larger transnational territories or around sea - basins , involving national , regional and local programme partners in member states , third countries and partner countries and in greenland , with a view to achieving a higher degree of territorial integration ; ### transnational cooperation over larger transnational territories or around sea - basins , involving national , regional and local programme partners in member states , third countries and partner countries and in greenland , with a view to achieving a higher degree of territorial integration ;


### for interreg operations not falling under point , publicly displaying at least one printed or electronic display of a minimum size a3 with information about the interreg operation highlighting the support from an interreg fund ; ### for interreg operations not falling under point , publicly displaying at least one printed or electronic display of a minimum size a2 with information about the interreg operation highlighting the support from an interreg fund ;


### it is necessary to set out the resources allocated to each of the different components of interreg , including each member state ' s share of the global amounts for the cross - border cooperation , the transnational cooperation and maritime cooperation , the outermost regions’ cooperation and the interregional cooperation , the potential available to member states concerning flexibility between those components . compared to the programming period 2014 - 2020 , the share for cross - border cooperation should be reduced , while the share for transnational cooperation and maritime cooperation should be increased because of the integration of maritime cooperation , and a new outermost regions’ cooperation component should be created . ### it is necessary to set out the resources allocated to each of the different components of interreg , including each member state ' s share of the global amounts for the cross - border cooperation , the transnational cooperation , the outermost regions’ cooperation and the interregional cooperation , the potential available to member states concerning flexibility between those components . compared to the programming period 2014 - 2020 , a new outermost regions’ cooperation component should be created .


### the european territorial cooperation goal shall be implemented through interreg programmes under shared management with the exception of component 3 , which may be implemented as a whole or partially under indirect management , and of component 5 which shall be implemented under direct or indirect management . ### the european territorial cooperation goal shall be implemented through interreg programmes under shared management with the exception of component 3 , which may be implemented as a whole or partially under indirect management after a prior agreement between the member states and regions concerned , and of component 5 which shall be implemented under direct or indirect management .


### third countries , partner countries and octs participating in an interreg programme shall delegate staff to the joint secretariat of that programme or shall set up a branch office in its respective territory , or shall do both . ### third countries , partner countries and octs participating in an interreg programme may delegate staff to the joint secretariat of that programme and / or shall set up a branch office or a contact point in its respective territory .


### for interreg operations under component 3 interreg programmes , the partners from outermost regions and third countries , partner countries or octs shall be required to cooperate only in three of the four dimensions listed in the first subparagraph . ### for interreg operations under component 3 interreg programmes , the partners from outermost regions and third countries , partner countries or octs shall be required to cooperate only in two of the four dimensions listed in the first subparagraph .


### the cross - border cooperation component should also involve cooperation between one or more member states and one or more countries or other territories outside the union . covering internal and external cross - border cooperation under this regulation should result in a major simplification and streamlining of applicable provisions for the programme authorities in the member states and for the partner authorities and beneficiaries outside the union compared to the programming period 2014 - 2020 . ### the cross - border cooperation component should also involve cooperation between one or more member states and one or more third countries . covering internal and external cross - border cooperation under this regulation should result in a major simplification and streamlining of applicable provisions for the programme authorities in the member states and for the partner authorities and beneficiaries outside the union compared to the programming period 2014 - 2020 .


### objective criteria for designating eligible regions and areas should be established . to this end , the identification of eligible regions and areas at union level should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and of the council [ 5 ] . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics . ### common objective criteria for designating eligible regions and areas should be established . to this end , the identification of eligible regions and areas at union level should be based on the common system of classification of the regions established by regulation no 1059 / 2003 of the european parliament and of the council26 . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics .


### for internal cross - border cooperation interreg programmes supported by the erdf : 6% ; ### for internal cross - border cooperation interreg programmes supported by the erdf : 7% ;


### the member state may transfer during the programming period an amount of up to 5% of the initial allocation of a priority and no more than 3% of the programme budget to another priority of the same interreg programme . ### the member state may transfer during the programming period an amount of up to 10 % of the initial allocation of a priority and no more than 5 % of the programme budget to another priority of the same interreg programme .


### for external cross - border cooperation , the regions to be supported by ipa iii or ndici shall be nuts level 3 regions of the respective partner country or , in the absence of nuts classification , equivalent areas along all land borders between member states and partner countries eligible under ipa iii or ndici . ### for external cross - border cooperation , the regions to be supported by ipa iii or ndici shall be nuts level 3 regions of the respective partner country or , in the absence of nuts classification , equivalent areas along all land or maritime borders between member states and partner countries eligible under ipa iii or ndici .


### based on the experience with the interregional cooperation programmes under interreg and the lack of such cooperation within programmes under the investment for jobs and growth goal during the programming period 2014 - 2020 , the interregional cooperation component should focus more specifically on boosting the effectiveness of cohesion policy . that component should therefore be limited to two programmes , one to enable all kind of experience , innovative approaches and capacity building for programmes under both goals and to promote european groupings of territorial cooperation set up or to be set up pursuant to regulation no 1082 / 2006 of the european parliament and of the council and one to improve the analysis of development trends . project - based cooperation throughout the union should be integrated into the new component on interregional innovation investments and closely linked to the implementation of the communication from the commission ' strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth ' , in particular to support thematic smart specialisation platforms on fields such as energy , industrial modernisation or agrifood . finally , integrated territorial development focusing on functional urban areas or urban areas should be concentrated within programmes under the investment for jobs and growth goal and in one accompanying instrument , the ‘ european urban initiative” . the two programmes under the interregional cooperation component should cover the whole union and should also be open for the participation of third countries . _________________ 24 regulation no 1082 / 2006 of the european parliament and of the council of 5 july 2006 on a european grouping of territorial cooperation . 25 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth ' - com 376 final , 18 . 7 . 2017 . ### based on the experience with the four traditional interregional cooperation programmes under interreg and the lack of such cooperation within programmes under the investment for jobs and growth goal during the programming period 2014 - 2020 , the interregional cooperation component should focus more specifically on boosting the effectiveness of cohesion policy . that component should therefore be limited to two programmes , one to enable all kind of experience , innovative approaches and capacity building for programmes under both goals and to promote european groupings of territorial cooperation set up or to be set up pursuant to regulation no 1082 / 2006 of the european parliament and of the council24 and one to improve the analysis of development trends . project - based cooperation throughout the union should be integrated into the new component on interregional innovation investments and closely linked to the implementation of the communication from the commission ' strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth ' 25 , in particular to support thematic smart specialisation platforms on fields such as energy , industrial modernisation or agrifood . finally , integrated territorial development focusing on functional urban areas or urban areas should be concentrated within programmes under the investment for jobs and growth goal and in one accompanying instrument , the ‘ european urban initiative’ . the two programmes under the interregional cooperation component should cover the whole union and should also be open for the participation of third countries . _________________ 24 regulation no 1082 / 2006 of the european parliament and of the council of 5 july 2006 on a european grouping of territorial cooperation . 25 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions ' strengthening innovation in europe ' s regions : strategies for resilient , inclusive and sustainable growth ' - com 376 final , 18 . 7 . 2017 .


### under external cross - border and component 2 and 3 interreg programmes the erdf and , where applicable , the external financing instruments of the union shall also contribute to the external interreg - specific objective ' a safer and more secure europe ' , in particular by actions in the fields of border crossing management and mobility and migration management , including the protection of migrants . ### under external cross - border and component 2 and 3 interreg programmes the erdf and , where applicable , the external financing instruments of the union may also contribute to the external interreg - specific objective ' a safer and more secure europe ' , in particular by actions in the field of migration management , including the protection of migrants .


### article 176 of the treaty on the functioning of the european union provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . under that article and the second and third paragraphs of article 174 of the tfeu , the erdf is to contribute to reducing disparities between the levels of development of the various regions and to reducing the backwardness of the least favoured regions , among which particular attention is to be paid to certain categories of regions , among which cross - border regions are explicitly listed . ### article 176 of the treaty on the functioning of the european union provides that the european regional development fund is intended to help to redress the main regional imbalances in the union . under that article and the second and third paragraphs of article 174 of the tfeu , the erdf is to contribute to reducing disparities between the levels of development of the various regions and to reducing the backwardness of the least favoured regions , among which particular attention is to be paid to certain categories of regions , among which cross - border regions or regions which suffer from severe and permanent natural or demographic handicaps such as northernmost regions , island , cross - border regions , mountain regions and rural areas are explicitly listed .


### in order to support the harmonious development of the union ' s territory at different levels , the erdf should support cross - border cooperation , transnational cooperation , maritime cooperation , outermost regions’ cooperation and interregional cooperation under the european territorial cooperation goal . ### in order to support the harmonious development of the union ' s territory at different levels and to reduce existing disparities , the erdf should support cross - border cooperation , transnational cooperation , maritime cooperation , outermost regions’ cooperation and interregional cooperation under the european territorial cooperation goal .


### publicly displaying public plaques or billboards as soon as the physical implementation of an interreg operation involving physical investment or the purchase of equipment starts , the total cost of which exceeds eur 100 000 ; ### publicly displaying public plaques or billboards as soon as the physical implementation of an interreg operation involving physical investment or the purchase of equipment starts , the total cost of which exceeds eur 50 000 ;


### the resources referred to in paragraph 1 shall be allocated as follows : ### the resources referred to in paragraph 1 , for components 1 to 4 , shall be allocated as follows :


### the cross - border cooperation component should aim to tackle common challenges identified jointly in the border regions , and to exploit the untapped growth potential in border areas as evidenced in the communication of the commission ' boosting growth and cohesion in eu border regions’23 . consequently , the cross - border component should be limited to cooperation on land borders and cross - border cooperation on maritime borders should be integrated into the transnational component . ### the cross - border cooperation component should aim to tackle common challenges identified jointly in the land or maritime border regions , and to exploit the untapped growth potential in border areas . consequently , the cross - border component should include cooperation on land or maritime borders and cross - border cooperation should support regions located along land or maritime borders .


### partners shall cooperate in the development , implementation , staffing and financing of interreg operations . ### partners shall cooperate in the development and implementation of interreg operations , as well as in the staffing and / or financing thereof .


### nuts level 3 regions for component 1 and those nuts level 3 regions for component 2b listed in the implementing act under article 8 ; ### nuts level 3 regions for component 1 listed in the implementing act under article&#160 ; 8 ;


### the registration of a trademark which contains or consists of a geographical indication listed in the register shall be refused or invalidated if its use would lead to any of the situations referred to in article 18 . ### the registration of a trademark shall be refused or invalidated if its use would lead to any of the situations referred to in article 18 .


### judicial training can involve different actors , such as member states’ legal , judicial and administrative authorities , academic institutions , national bodies responsible for judicial training , european - level training organisations or networks , or networks of court coordinators of union law . bodies and entities pursuing a general european interest in the field of training of the judiciary , such as the european judicial training network , the academy of european law , the european network of councils for the judiciary , the association of the councils of state and supreme administrative jurisdictions of the european union , the network of the presidents of supreme judicial courts of the european union and the european institute of public administration , should continue to play their role in promoting training programmes with a genuine european dimension for the judiciary and judicial staff , and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the commission pursuant to this regulation . ### judicial training can involve different actors , such as member states’ legal , judicial and administrative authorities , academic institutions , national bodies responsible for judicial training , european - level training organisations or networks , or networks of court coordinators of union law . cross - cutting cooperation between judges and medical professionals must be supported in order to provide necessary training to judiciary and judicial staff in regard to cases that deal with gender based violence and violence against women . bodies and entities pursuing a general european interest in the field of training of the judiciary , such as the european judicial training network , the academy of european law , the european network of councils for the judiciary , the association of the councils of state and supreme administrative jurisdictions of the european union , the network of the presidents of supreme judicial courts of the european union and the european institute of public administration , should continue to play their role in promoting training programmes with a genuine european dimension for the judiciary and judicial staff , and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the commission pursuant to this regulation .


### to facilitate effective access to justice for all and effective redress , including by electronic means , by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings . ### to facilitate effective , equal and discrimination free access to justice for all and effective redress , including by electronic means , by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings .


### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention . respect for fundamental rights as well as for common principles and values , such as non - discrimination , gender equality , effective access to justice for all , the rule of law and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice . ### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention . respect for fundamental rights as well as for common principles and values , such as non - discrimination , gender equality , effective , universal and gender - sensitive access to justice for all , the rule of law , protection of vulnerable groups , such as people living in poverty with limited access to justice , women and children , and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice .


### an importer or distributor shall be considered a manufacturer for the purposes of this regulation and he shall be subject to the obligations of the manufacturer set out in article 8 where he places ppe on the market under his name or trademark or modifies ppe already placed on the market in such a way that the conformity with the applicable essential health and safety requirements set out in annex ii may be affected . ### an importer or distributor shall be considered a manufacturer for the purposes of this regulation and he shall be subject to the obligations of the manufacturer set out in article 8 where he places ppe on the market under his name or trademark or modifies ppe already placed on the market in such a way that compliance with this regulation may be affected .


### 4 . manufacturer ' s instructions ### 4 . manufacturer ' s instructions and information


### in order to ensure compliance with the essential safety requirements , it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer . directive 89 / 686 / eec classifies ppe into three categories that are subject to different conformity assessment procedures . in order to ensure a consistently high level of safety for all ppe , the list of products subject to one of the conformity assessment procedures relating to the production phase should be enlarged . the conformity assessment procedures for each category of ppe should be set , as far as possible , on the basis of the conformity assessment modules laid down in decision no 768 / 2008 / ec . ### in order to ensure compliance with the essential health and safety requirements laid down in this regulation , it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer . directive 89 / 686 / eec classifies ppe into three categories that are subject to different conformity assessment procedures . in order to ensure a consistently high level of safety for all ppe , the list of products subject to one of the conformity assessment procedures relating to the production phase should be enlarged . the conformity assessment procedures for each category of ppe should be set , as far as possible , on the basis of the conformity assessment modules laid down in decision no 768 / 2008 / ec .


### the requirement in other internal market legislation to supply an eu declaration of conformity with the equipment has been found to facilitate and to enhance the efficiency of market surveillance and should therefore also be introduced into this regulation . it should be possible to provide a simplified eu declaration of conformity in order to reduce the burden associated with this requirement without reduction of its effectiveness . both possibilities should therefore be provided for in this regulation . ### market surveillance authorities should have easy access to the declaration of conformity . in order to fulfil that requirement , manufacturers should ensure ppe is accompanied either by a full copy of the declaration of conformity or the internet address where the eu declaration of conformity can be accessed . alternatively , the manufacturer should be able to choose to provide a simplified declaration of conformity .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the ppe , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market . ### manufacturers shall , further to a request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the ppe , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market .


### equipment intended to be worn or held by a person for protection against one or more risks for his or her health or safety that is placed on the market separately or combined with personal non - protective equipment ; ### equipment designed and manufactured to be worn or held by a person for protection against one or more risks for his or her health or safety that is placed on the market separately or combined with personal non - protective equipment ;


### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the instructions set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 . ### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the required documents , by the instructions and other information set out in point 1 . 4 of annex ii in a language which can be easily understood by consumers and other end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 .


### regulation no 2006 / 2004 of the european parliament and of the council58 provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross - border consumer protection laws . article 21a provides for a review of the effectiveness and operational mechanisms of that regulation and pursuant to that article , the commission concluded that regulation no 2006 / 2004 is not sufficient to effectively address the enforcement challenges of the single market , and in particular the digital single market , __________________ 58 regulation 2006 / 2004 of the european parliament and of the council on cooperation between national authorities responsible for the enforcement of consumer protection laws . ### regulation no 2006 / 2004 of the european parliament and of the council58provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross - border consumer protection laws . article 21a of regulation no 2006 / 2004 provides for a review of the effectiveness and operational mechanisms of that regulation and pursuant to that article , the commission concluded that regulation no 2006 / 2004 is not sufficient to effectively address the enforcement challenges of the single market , including the digital single market , __________________ 58 regulation 2006 / 2004 of the european parliament and of the council on cooperation between national authorities responsible for the enforcement of consumer protection laws .


### minimum powers of competent authorities ### powers of competent authorities


### impose penalties , including fines and penalty payments , for intra - union infringements and widespread infringements and for the failure to comply with any decision , order , interim measure , commitment or other measure adopted pursuant to this regulation ; ### impose sanctions , including fines and penalty payments , for intra - union infringements , widespread infringements and widespread infringements with a union dimension and for failure to comply with any decision , order , interim measure , commitment or other measure adopted pursuant to this regulation ;


### any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for the imposition of penalties until the final decision concerning the matter is adopted . the limitation period for the imposition of penalties shall be suspended for as long as the decision , order or other action of the competent authority is the subject of proceedings pending before a court . ### any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for exercising the powers referred to in paragraph 1 until the final decision concerning the matter is adopted . the limitation period for exercising the powers referred to in paragraph 1 shall be suspended for as long as the decision , order or other action of the competent authority is the subject of proceedings pending before a court .


### maintain contact with the traders and other parties concerned by the surveillance , investigation and enforcement measures , unless otherwise agreed upon by the competent authorities concerned and the commission ; ### maintain contact with the traders and other parties concerned by the surveillance , investigation and enforcement measures , unless otherwise agreed upon by the competent authorities concerned , the coordinator and , where applicable , the commission ;


### consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests , including the settlement of disputes . consumers should be encouraged to cooperate with the competent authorities to strengthen the application of this regulation . consumer organisations , in particular consumer organisations that may be delegated enforcement tasks under this regulation and european consumer centres , should be in a position to notify competent authorities of suspected infringements and share information needed to detect , investigate and stop intra - union infringements and widespread infringements with them , ### consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests , including the settlement of disputes . consumer organisations and european consumer centres should be in a position to notify competent authorities of suspected infringements and share with them information needed to detect , investigate and stop infringements ,


### obtain a commitment from the trader responsible for the intra - union infringement or widespread infringement to cease the infringement and where appropriate to compensate consumers for the harm caused ; ### obtain a commitment from the trader responsible for the intra - union infringement , widespread infringement or widespread infringements with a union dimension to cease the infringement and to compensate consumers for the harm caused ;


### evidence , documents , information , explanations and investigation findings made by a competent authority in one member state in accordance with article 8 may be used for proceedings initiated in application of this regulation by competent authorities in other member states without further formal requirements . ### member states shall ensure that evidence , documents , information , explanations and investigation findings made by a competent authority in one member state in accordance with articles 8 and 9 may be used for proceedings initiated in application of this regulation by competent authorities in other member states without further formal requirements .


### require the supply by any natural or legal person , including banks , internet service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of among others identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require the supply by any natural or legal person , including banks , internet service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites when the information , data or document in question is related to the subject matter of an investigation ;


### widespread infringements with a union dimension may cause large scale harm to a majority of consumers in the union . they therefore require a specific union - level coordination procedure with the commission as the mandatory coordinator . to ensure that the procedure is launched in a timely , coherent and effective manner and that the conditions are verified in a uniform manner , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the common action should be used seamlessly in national proceedings when required , ### in the case of widespread infringements with a union dimension that may cause harm to consumers ' collective interests in a majority of member states , the commission should launch and coordinate a union - level coordination procedure . to ensure procedural coherence , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the coordinated action should be used in national proceedings when required ,


### each member state shall communicate without delay to the commission and the other member states the identities of the competent authorities , of the single liaison office , of the designated bodies as set out in article 13 and of the entities participating in the alert mechanism as set out in article 34 , as well as any changes thereto . ### each member state shall communicate without delay to the commission :


### designated bodies and european consumer centres shall participate in the alert mechanism set out in article 34 . member states shall designate consumer organisations and associations , and other entities such as trader associations , with the appropriate expertise and legitimate interest in consumer protection that shall participate in the alert mechanism . member states shall notify the commission of those entities without delay . ### designated bodies and european consumer centres shall participate in the alert mechanism provided for in article 34 . member states shall designate the consumer organisations and associations and trader associations possessing the appropriate expertise and having a legitimate interest in consumer protection that are to participate in the alert mechanism .


### the competent authorities may investigate infringements referred to in article 2 and prohibit traders from engaging in such infringements in the future . the competent authorities may impose penalties for those infringements within five years from the cessation of the infringement . ### the competent authorities may investigate infringements referred to in article 2 and stop traders from engaging in such infringements in the future . the competent authorities may use the following powers within five years from the cessation of the infringement : to impose sanctions , as provided for in point of article 8 ; to order the trader responsible to compensate consumers that have suffered harm as a consequence of the infringement , as provided for in point of article 8 ; and to order the restitution of profits obtained as a result of infringements , as provided for in point of article 8 .


### the languages used by the competent authorities and the commission for notifications and for all communications linked to the coordinated actions , common actions and concerted investigations of consumer markets pursuant to this chapter shall be agreed upon by the competent authorities concerned and the commission . ### the languages used by the competent authorities and the commission for notifications and for all communications linked to coordinated actions and sweeps pursuant to this chapter shall be agreed upon by the competent authorities concerned and the commission .


### a requested authority shall , on request from an applicant authority , take all necessary enforcement measures to bring about the cessation or prohibition of the intra - union infringement , including imposing penalties and ordering or facilitating the compensation of consumers for harm caused by the infringement . ### a requested authority shall , without undue delay , on request from an applicant authority , take all necessary enforcement measures to bring about the cessation of the intra - union infringement by exercising the powers set out in article 8 and any additional powers granted to it under national law , including imposing sanctions and ordering or facilitating the compensation of consumers for harm caused by the infringement .


### start investigations or procedures to bring about the cessation or prohibition of intra - union infringements or widespread infringements of its own initiative and where appropriate to publish information about this ; ### start investigations or procedures to bring about the cessation of intra - union infringements , widespread infringements or widespread infringements with a union dimension of its own initiative and to publish information about this ;


### information concerning market trends that may affect consumers ' interests in their member state , thus highlighting issues that may be likely to exist in other member states ; ### information concerning market trends that may affect consumers ' interests ;


### the competent authorities concerned may invite the trader responsible for the infringement to propose commitments to cease the infringement and where appropriate to compensate or take other measures facilitating compensation of consumers that have suffered harm . the trader may also , on its own initiative , propose commitments to cease the infringement and to compensate consumers . ### on the basis of a common position adopted pursuant to article 17 , the competent authorities concerned may invite the trader responsible for the widespread infringement or the widespread infringement with a union dimension to propose commitments to cease the infringement and where appropriate to compensate , or take other measures facilitating compensation of , consumers that have suffered harm . the trader may also , on his own initiative , propose commitments to cease the infringement and to compensate such consumers .


### as regards consumer redress , the competent authorities should choose proportionate , just and reasonable measures that would prevent or reduce the risk of recurrence or repetition of infringements , taking into account in particular the anticipated benefits to consumers and the reasonable administrative costs likely to be associated with the implementation of those measures . where the consumers concerned cannot be identified or where they cannot be identified without disproportionate cost to the trader responsible , the competent authority may order that the restitution of profits obtained through the infringement be paid to the public purse or to a beneficiary designated by the competent authority or under national legislation , ### as regards consumer redress , the competent authorities should choose effective measures that will prevent or reduce the risk of recurrence or repetition of infringements . the power to order the compensation of consumers or to the restitution of profits is essential in order to remove the harm caused by a cross - border infringement , to restore the level playing field in the single market that has been distorted through the collection of profits obtained as a result of infringements , and to deter traders engaged in cross - border activities from committing or repeating cross - border infringements . where the consumers concerned cannot be identified , the competent authority may order that the restitution of profits obtained through the infringement be paid to the public purse or to a beneficiary designated by the competent authority or under national legislation ,


### a request for enforcement measures cannot be refused on the ground that insufficient information has been provided if a request for information on the same intra - union infringement was refused on the grounds that criminal investigations or judicial proceedings have already been initiated or final judgment has already been given in respect of the same intra - union infringement and against the same trader , as referred to in paragraph . ### a request for enforcement measures cannot be refused on the ground that insufficient information has been provided if a request for information on the same intra - union infringement was refused on the grounds that criminal investigations or judicial proceedings have already been initiated or there is a final administrative decision , a final judgment or a court settlement in respect of the same intra - union infringement and against the same trader , as referred to in point of paragraph 1 .


### in order to ensure uniform conditions for the implementation and exercise of the minimum powers of competent authorities , set time limits and set out other details of procedures to address intra - union infringements , widespread infringements and details of the surveillance mechanism and administrative cooperation among competent authorities , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council60 , __________________ 60 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission , to lay down the standard forms and steps of the procedure under the mutual assistance mechanism ; set time limits and standard forms for notifications and other exchanges of information and enforcement requests for coordinated actions in relation to widespread infringements and widespread infringements with a union dimension ; set out the details of the procedure for sweeps ; lay down standard forms for submitting an alert via the database ; lay down the details of the designation and participation of consumer organisations and associations and trader organisations in the alert mechanism and the means of notification of any follow - up actions taken in relation to external alerts , or the lack of any action ; and lay down standard electronic forms and templates available in the database . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council60 , __________________ 60 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers .


### any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for the imposition of penalties until the final decision concerning the matter is adopted . the limitation period for the imposition of penalties shall be suspended for as long as the decision , order or other action of the competent authority is the subject of proceedings pending before a court . ### any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for exercising the powers referred to in paragraph 1 until the final decision concerning the matter is adopted . the limitation period for exercising the powers referred to in paragraph 1 shall be suspended for as long as the decision , order or other action of the competent authority is the subject of proceedings pending before a court .


### information collected pursuant to article 8 which is communicated to the competent authorities and the commission shall only be used for the purposes of ensuring compliance with the laws that protect consumers ' interests . ### information collected pursuant to article 8 which is communicated to the competent authorities and the commission shall only be used for the purpose of ensuring compliance with union laws that protect consumers ' interests .


### adopt interim measures to prevent the risk of serious and irreparable harm to consumers , in particular the suspension of a website , domain or a similar digital site , service or account ; ### adopt interim measures , where there are no other means available to prevent the risk of serious and irreparable harm to consumers , in particular the suspension of a website , service or account , or putting a fully qualified domain name on hold for a specified period of time ;


### insofar as competent authorities exercise their powers by application to courts , those courts shall have the power to grant the necessary decisions and shall act within the framework of this regulation . ### insofar as competent authorities exercise their powers by application to courts , those courts shall have the power to grant the necessary decisions .


### the external alerts shall only be ' for information ' . the competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . ### the competent authorities shall not be bound to initiate a procedure or take any other action in response to the external alerts and information provided by the entities referred to in paragraphs 1 and 2 . entities making external alerts shall ensure that the information provided is correct , up to date and accurate , and shall correct any errors in the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . they shall also be notified of any follow - up actions taken by the competent authority concerned in relation to external alerts , or of the lack of any action , giving reasons in the latter case as to why the alert was not acted upon .


### the training of their officials involved in enforcing consumer protection , including language training , and the organisation of training seminars ; ### development of personnel resources of the competent authorities ;


### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose among others , of identifying and following of financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites when the information , data or document in question is related to the subject matter of an investigation ;


### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union67 . accordingly this regulation should be interpreted and applied with respect to those rights and principles . when exercising the minimum powers set out in this regulation , the competent authorities should strike an appropriate balance between the interests protected by fundamental rights such as a high level of consumer protection , the freedom to conduct business and freedom of information . __________________ 67 oj c 364 , 18 . 12 . 2000 , p . 1 . ### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union67 . accordingly , this regulation should be interpreted and applied with respect to those rights and principles . when exercising the powers set out in this regulation , the competent authorities should strike an appropriate balance between the interests protected by fundamental rights , such as a high level of consumer protection , the freedom to conduct business and freedom of information . the rights of defence of traders should be guaranteed throughout the procedures laid down in this regulation , __________________ 67 oj c 364 , 18 . 12 . 2000 , p . 1 .


### the commission may adopt implementing acts setting out the details of the procedures for common actions for widespread infringements , in particular the standard forms for notifications and other exchanges between competent authorities and the commission . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . ### the commission may adopt implementing acts laying down the time limits and the standard forms for notifications and other exchanges between competent authorities and the commission for coordinated actions in relation to widespread infringements and widespread infringements with a union dimension . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 .


### the effectiveness and efficacy of the mutual assistance mechanism should be improved . information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner . the commission should therefore set binding time periods for competent authorities to reply to information and enforcement requests , and clarify procedural and other aspects of handling information and enforcement requests , by means of implementing measures , ### the effectiveness and efficacy of the mutual assistance mechanism should be improved . information requested should be provided within clear time limits and the necessary enforcement measures should be adopted in a timely manner . ,


### the external alerts shall only be ' for information ' . the competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . ### the external alerts shall mainly be ' for information ' and shall require the competent authorities to verify whether they are based on a reasonable suspicion in accordance with article 34 . the competent authorities shall not be bound to initiate enforcement measures or to take any other action in response to the information provided by those entities making external alerts as provided for in article 35 . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct any errors in the information posted without delay or withdraw that information as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . they shall also be notified of any follow - up actions taken by the competent authority concerned in relation to external alerts , or of the lack of any action , in the latter case stating the reasons why the alert was not acted upon . the notification by the competent authority of the actions taken or of the lack of action shall respect the need to preserve the confidentiality of the investigation .


### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals its identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it , including , where necessary , the suspension of a website , domain or a similar digital site , service or account . furthermore , the competent authorities should have the power to take down or have a third party service provider take down a website , domain or a similar digital site , service or account , ### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals his identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures , where there are no other means available to prevent or mitigate such harm , including , where necessary , the suspension of a website , service or account , or putting a fully qualified domain name on hold for a specific period of time . furthermore , the competent authorities should have the power to close down or have a third party service provider close down a website , service or account or a part of it , delete a fully qualified domain name and allow the competent authority concerned to register it ,


### in an alert ' for action ' , the competent authority or the commission may ask other competent authorities and the commission to verify whether similar suspected infringements may be taking place in the territory of other member states or whether any enforcement measures have already been taken against such infringements in other member states . ### in an alert , the competent authority or the commission shall ask competent authorities of other member states and , as appropriate , the commission to verify whether similar suspected infringements are taking place in the territory of other member states or whether any enforcement measures have already been taken against such infringements in other member states . those competent authorities of other member states and the commission shall reply to the request without delay .


### close down a website , domain or similar digital site , service or account or a part of it , including by requesting a third party or other public authority to implement such measures ; ### close down a website , service or account or a part of it , delete a fully qualified domain name and allow the competent authority concerned to register it , including by requesting a third party or other public authority to implement such measures ;


### as regards consumer redress , the competent authorities should choose proportionate , just and reasonable measures that would prevent or reduce the risk of recurrence or repetition of infringements , taking into account in particular the anticipated benefits to consumers and the reasonable administrative costs likely to be associated with the implementation of those measures . where the consumers concerned cannot be identified or where they cannot be identified without disproportionate cost to the trader responsible , the competent authority may order that the restitution of profits obtained through the infringement be paid to the public purse or to a beneficiary designated by the competent authority or under national legislation , ### as regards consumer redress , the competent authorities should choose effective measures that will prevent or reduce the risk of recurrence or repetition of infringements . the power to order the compensation of consumers or to the restitution of profits is essential in order to remove the harm caused by a cross - border infringement , to restore the level playing field in the single market that has been distorted through the collection of profits obtained as a result of infringements , and to deter traders engaged in cross - border activities from committing or repeating cross - border infringements . where the consumers concerned cannot be identified , the competent authority may order that the restitution of profits obtained through the infringement be paid to the public purse or to a beneficiary designated by the competent authority or under national legislation ,


### consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests , including the settlement of disputes . consumers should be encouraged to cooperate with the competent authorities to strengthen the application of this regulation . consumer organisations , in particular consumer organisations that may be delegated enforcement tasks under this regulation and european consumer centres , should be in a position to notify competent authorities of suspected infringements and share information needed to detect , investigate and stop intra - union infringements and widespread infringements with them , ### consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests , including the settlement of disputes . consumer organisations and european consumer centres should be in a position to notify competent authorities of suspected infringements and share with them information needed to detect , investigate and stop infringements ,


### where the trader proposes commitments , the competent authorities concerned , may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website to seek the views of other parties concerned and to verify whether the commitments are sufficient to cease the infringement and to compensate consumers . ### where the trader proposes commitments , the competent authorities concerned may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website in order to seek the views of consumer organisations and other parties concerned and to verify whether the commitments are sufficient to ensure the cessation of the infringement and the compensation of consumers harmed by it .


### consult consumers , consumer organisations , designated bodies and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it . ### consult consumer organisations and , where applicable , designated bodies .


### regulation no 2006 / 2004 of the european parliament and of the council58 provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross - border consumer protection laws . article 21a provides for a review of the effectiveness and operational mechanisms of that regulation and pursuant to that article , the commission concluded that regulation no 2006 / 2004 is not sufficient to effectively address the enforcement challenges of the single market , and in particular the digital single market , __________________ 58 regulation 2006 / 2004 of the european parliament and of the council on cooperation between national authorities responsible for the enforcement of consumer protection laws . ### regulation no 2006 / 2004 of the european parliament and of the council58provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross - border consumer protection laws . article 21a of regulation no 2006 / 2004 provides for a review of the effectiveness and operational mechanisms of that regulation and pursuant to that article , the commission concluded that regulation no 2006 / 2004 is not sufficient to effectively address the enforcement challenges of the single market , including the digital single market , __________________ 58 regulation 2006 / 2004 of the european parliament and of the council on cooperation between national authorities responsible for the enforcement of consumer protection laws .


### where a competent authority has a reasonable suspicion that a widespread infringement is taking place , it shall notify the competent authorities of the other member states concerned by the widespread infringement and the commission without delay . ### where a competent authority or the commission has a reasonable suspicion that a widespread infringement is taking place , it shall notify the competent authorities of the member states concerned by that infringement and the commission , where applicable , without delay .


### each member state shall communicate without delay to the commission and the other member states the identities of the competent authorities , of the single liaison office , of the designated bodies as set out in article 13 and of the entities participating in the alert mechanism as set out in article 34 , as well as any changes thereto . ### each member state shall communicate without delay to the commission :


### the examination procedure should be used for the adoption of the acts pursuant to articles 10 , 11 , 12 , 13 , 15 , 20 , 27 , 31 , 32 , 34 , 35 , 36 , 37 , 39 , 43 and 46 of this regulation given that those acts are of general scope , ### the examination procedure should be used for the adoption of the implementing acts pursuant to articles 15a , 20 , 32 , 34 , 35 and 43 of this regulation , given that those acts are of general scope ,


### any acts or omissions contrary to the laws that protect consumers interests that have common features , such as the same unlawful practice , the same interest being infringed or that are occurring concurrently , in at least two member states ; ### any acts or omissions contrary to union laws that protect consumers interests that harmed , harm , or are likely to harm consumers ' collective interests and that have common features , such as the same unlawful practice or the same interest being infringed , or that are occurring concurrently , in at least two member states ;


### competent authorities should have a minimum set of powers of investigation and enforcement to apply this regulation effectively , to cooperate with each other , and to deter traders from committing intra - union infringements and widespread infringements . those powers should be adequate to tackle the enforcement challenges of e - commerce and the digital environment where the possibilities of a trader easily concealing its identity or changing it are of particular concern . those powers should ensure that evidence can be validly exchanged among competent authorities to achieve effective enforcement at an equal level in all member states , ### competent authorities should have a consistent set of powers of investigation and enforcement , in order to apply this regulation , cooperate with each other more quickly and more efficiently and deter traders from committing infringements . those powers should be sufficient to effectively tackle the enforcement challenges of e - commerce and the digital environment and to prevent non - compliant traders from exploiting gaps in the enforcement system by relocating to member states whose competent authorities are not equipped to tackle unlawful practices . those powers should ensure that information and evidence can be validly exchanged among competent authorities to achieve effective enforcement at an equal level in all member states ,


### the competent authorities concerned may invite the trader responsible for the infringement to propose commitments to cease the infringement and where appropriate to compensate or take other measures facilitating compensation of consumers that have suffered harm . the trader may also , on its own initiative , propose commitments to cease the infringement and to compensate consumers . ### on the basis of a common position adopted pursuant to article 17 , the competent authorities concerned may invite the trader responsible for the widespread infringement or the widespread infringement with a union dimension to propose commitments to cease the infringement and where appropriate to compensate , or take other measures facilitating compensation of , consumers that have suffered harm . the trader may also , on his own initiative , propose commitments to cease the infringement and to compensate such consumers .


### each competent authority shall have at least the following powers and exercise them under the conditions set out in article 9 , to : ### in order to carry out the duties assigned to them by this regulation , competent authorities in each member state shall have at least the following powers and shall exercise them under the conditions set out in article 9 , to :


### after receiving the notifications referred to in paragraphs 1 and 2 , the competent authorities concerned by the widespread infringement shall , acting by consensus , designate the competent authority that shall coordinate the action . ### after receiving a notification by a competent authority , the competent authorities concerned by the widespread infringement shall , acting by consensus , decide about launching a coordinated action . the notifying competent authority shall coordinate the action unless the competent authorities concerned by the widespread infringement agree that another competent authority or the commission is to coordinate the action .


### by [ xx / xx / 20xx at the latest , no later than within seven years from its entry into application ] , the commission shall present a report to the european parliament and the council on the application of this regulation . ### by . . . [ five years after the date of entry into force of this regulation ] , the commission shall submit to the european parliament and to the council a report on the application of this regulation .


### impose penalties , including fines and penalty payments , for intra - union infringements and widespread infringements and for the failure to comply with any decision , order , interim measure , commitment or other measure adopted pursuant to this regulation ; ### impose sanctions , including fines and penalty payments , for intra - union infringements , widespread infringements and widespread infringements with a union dimension and for failure to comply with any decision , order , interim measure , commitment or other measure adopted pursuant to this regulation ;


### where appropriate and without prejudice to the rules on professional and commercial secrecy set out in article 41 , the competent authorities concerned may decide to publish the common position or parts of it on their websites and on the commission website and seek the views of other parties concerned . ### without prejudice to the rules on professional and commercial secrecy set out in article 41 , the competent authorities concerned shall publish the common position or parts of it on their websites and on the commission website and seek the views of consumer organisations and other parties concerned .


### widespread infringements with a union dimension may cause large scale harm to a majority of consumers in the union . they therefore require a specific union - level coordination procedure with the commission as the mandatory coordinator . to ensure that the procedure is launched in a timely , coherent and effective manner and that the conditions are verified in a uniform manner , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the common action should be used seamlessly in national proceedings when required , ### in the case of widespread infringements with a union dimension that may cause harm to consumers ' collective interests in a majority of member states , the commission should launch and coordinate a union - level coordination procedure . to ensure procedural coherence , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the coordinated action should be used in national proceedings when required ,


### data related to consumer complaints may help policymakers at a national and union level to assess the functioning of consumer markets and detect infringements . with a view to facilitating the exchange of such data at a union level , the commission has adopted a recommendation on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries59 . that recommendation should be implemented to fully support enforcement cooperation and facilitate the detection of intra - union infringements and widespread infringements , __________________ 59 commission recommendation on the use of harmonised methodology for classifying consumer complaints and enquiries . ### data related to consumer complaints may help policymakers at national and union level to assess the functioning of consumer markets and to detect infringements . the exchange of such data at union level and coordination between the member states and the commission of activities contributing to surveillance and enforcement should be promoted ,


### the competent authorities may investigate infringements referred to in article 2 and prohibit traders from engaging in such infringements in the future . the competent authorities may impose penalties for those infringements within five years from the cessation of the infringement . ### the competent authorities may investigate infringements referred to in article 2 and stop traders from engaging in such infringements in the future . the competent authorities may use the following powers within five years from the cessation of the infringement : to impose sanctions , as provided for in point of article 8 ; to order the trader responsible to compensate consumers that have suffered harm as a consequence of the infringement , as provided for in point of article 8 ; and to order the restitution of profits obtained as a result of infringements , as provided for in point of article 8 .


### where the trader proposes commitments , the competent authorities concerned , may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website to seek the views of other parties concerned and to verify whether the commitments are sufficient to cease the infringement and to compensate consumers . ### where the trader proposes commitments , the competent authorities concerned may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website in order to seek the views of consumer organisations and other parties concerned and to verify whether the commitments are sufficient to ensure the cessation of the infringement and the compensation of consumers harmed by it .


### obtain a commitment from the trader responsible for the intra - union infringement or widespread infringement to cease the infringement and where appropriate to compensate consumers for the harm caused ; ### obtain a commitment from the trader responsible for the intra - union infringement , widespread infringement or widespread infringements with a union dimension to cease the infringement and to compensate consumers for the harm caused ;


### the commission may adopt implementing acts setting out the details of the designation and participation of other entities in the alert mechanism . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 . ### the commission may adopt implementing acts laying down details of the designation and participation of consumer organisations and associations and trader associations in the alert mechanism and the means of notification of any follow - up actions taken in relation to external alerts , or the lack of any action . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 48 .


### consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests , including the settlement of disputes . consumers should be encouraged to cooperate with the competent authorities to strengthen the application of this regulation . consumer organisations , in particular consumer organisations that may be delegated enforcement tasks under this regulation and european consumer centres , should be in a position to notify competent authorities of suspected infringements and share information needed to detect , investigate and stop intra - union infringements and widespread infringements with them , ### consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests , including the settlement of disputes . consumer organisations and european consumer centres should be in a position to notify competent authorities of suspected infringements and share with them information needed to detect , investigate and stop infringements ,


### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose among others , of identifying and following of financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites when the information , data or document in question is related to the subject matter of an investigation ;


### in order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from those infringements , the rules on penalties which have been adopted by member states in accordance with the requirements of union laws that protect consumers’ interests should also be applied to intra - union infringements and widespread infringements . for those same reasons , consumers should be entitled to redress for harm caused by such infringements . ### in order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from such infringements , the rules on sanctions which have been adopted by member states in accordance with the requirements of union laws that protect consumers’ interests should also be applied to infringements . for those same reasons , consumers should be entitled to redress for harm caused by such infringements .


### the examination procedure should be used for the adoption of the acts pursuant to articles 10 , 11 , 12 , 13 , 15 , 20 , 27 , 31 , 32 , 34 , 35 , 36 , 37 , 39 , 43 and 46 of this regulation given that those acts are of general scope , ### the examination procedure should be used for the adoption of the implementing acts pursuant to articles 15a , 20 , 32 , 34 , 35 and 43 of this regulation , given that those acts are of general scope ,


### coordinate the investigations , the inspections and the adoption of interim measures that are decided upon by the competent authorities concerned in accordance with sections i and ii , monitor investigations , inspections and interim measures , as well as other measures , pursuant to article 8 ; ### coordinate the investigations , the inspections and the adoption of interim measures that are decided upon by the competent authorities concerned in accordance with section i , and monitor investigations , inspections and interim measures , as well as other measures , taken pursuant to article 8 ;


### each member state shall communicate without delay to the commission and the other member states the identities of the competent authorities , of the single liaison office , of the designated bodies as set out in article 13 and of the entities participating in the alert mechanism as set out in article 34 , as well as any changes thereto . ### each member state shall communicate without delay to the commission :


### when conducting concerted investigations , the competent authorities concerned shall make effective use of the powers set out in article 8 and other powers conferred upon them by national law . ### when conducting sweeps , the competent authorities involved shall make effective use of the powers set out in article 8 and other powers conferred upon them by national law .


### the competent authorities may invite commission officials and other accompanying persons authorised by the commission to participate in sweeps . ### the competent authorities may invite designated bodies , commission officials and other accompanying persons authorised by the commission to participate in sweeps .


### the development of standards , methodologies and guidelines for officials involved in enforcing consumer protection ; ### the development of standards , methodologies and guidelines concerning the application of this regulation ;


### regulation no 2006 / 2004 of the european parliament and of the council58 provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross - border consumer protection laws . article 21a provides for a review of the effectiveness and operational mechanisms of that regulation and pursuant to that article , the commission concluded that regulation no 2006 / 2004 is not sufficient to effectively address the enforcement challenges of the single market , and in particular the digital single market , __________________ 58 regulation 2006 / 2004 of the european parliament and of the council on cooperation between national authorities responsible for the enforcement of consumer protection laws . ### regulation no 2006 / 2004 of the european parliament and of the council58provides for harmonised rules and procedures to facilitate cooperation between national authorities responsible for the enforcement of cross - border consumer protection laws . article 21a of regulation no 2006 / 2004 provides for a review of the effectiveness and operational mechanisms of that regulation and pursuant to that article , the commission concluded that regulation no 2006 / 2004 is not sufficient to effectively address the enforcement challenges of the single market , including the digital single market , __________________ 58 regulation 2006 / 2004 of the european parliament and of the council on cooperation between national authorities responsible for the enforcement of consumer protection laws .


### the commission may designate other entities representing consumer and business interests at a union level that shall participate in the alert mechanism . ### the commission shall designate other entities representing consumer and business interests at union level that are to participate in the alert mechanism .


### the competent authorities concerned may invite the trader responsible for the infringement to propose commitments to cease the infringement and where appropriate to compensate or take other measures facilitating compensation of consumers that have suffered harm . the trader may also , on its own initiative , propose commitments to cease the infringement and to compensate consumers . ### on the basis of a common position adopted pursuant to article 17 , the competent authorities concerned may invite the trader responsible for the widespread infringement or the widespread infringement with a union dimension to propose commitments to cease the infringement and where appropriate to compensate , or take other measures facilitating compensation of , consumers that have suffered harm . the trader may also , on his own initiative , propose commitments to cease the infringement and to compensate such consumers .


### the trader shall be entitled to communicate in the official language of the member state of its establishment or residence . the trader may waive that right or request that another official language of the union be used for communicating with the competent authorities . ### the trader shall be entitled to communicate in the official language of the member state of his establishment or residence .


### after receiving the notifications referred to in paragraphs 1 and 2 , the competent authorities concerned by the widespread infringement shall , acting by consensus , designate the competent authority that shall coordinate the action . ### after receiving notification as referred to in paragraph 1 , in the case of a widespread infringement , the competent authorities concerned by it shall , acting by consensus , decide whether to launch a coordinated action . the notifying competent authority shall coordinate the action unless the competent authorities concerned by the widespread infringement agree that another competent authority or the commission is to do so .


### data related to consumer complaints may help policymakers at a national and union level to assess the functioning of consumer markets and detect infringements . with a view to facilitating the exchange of such data at a union level , the commission has adopted a recommendation on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries59 . that recommendation should be implemented to fully support enforcement cooperation and facilitate the detection of intra - union infringements and widespread infringements , __________________ 59 commission recommendation on the use of harmonised methodology for classifying consumer complaints and enquiries . ### data related to consumer complaints may help policymakers at national and union level to assess the functioning of consumer markets and to detect infringements . the exchange of such data at union level and coordination between the member states and the commission of activities contributing to surveillance and enforcement should be promoted ,


### impose penalties , including fines and penalty payments , for intra - union infringements and widespread infringements and for the failure to comply with any decision , order , interim measure , commitment or other measure adopted pursuant to this regulation ; ### impose sanctions , including fines and penalty payments , for intra - union infringements , widespread infringements and widespread infringements with a union dimension and for failure to comply with any decision , order , interim measure , commitment or other measure adopted pursuant to this regulation ;


### the languages used by the competent authorities and the commission for notifications and for all communications linked to the coordinated actions , common actions and concerted investigations of consumer markets pursuant to this chapter shall be agreed upon by the competent authorities concerned and the commission . ### the languages used by the competent authorities and the commission for notifications and for all communications linked to coordinated actions and sweeps pursuant to this chapter shall be agreed upon by the competent authorities concerned and the commission .


### widespread infringements with a union dimension may cause large scale harm to a majority of consumers in the union . they therefore require a specific union - level coordination procedure with the commission as the mandatory coordinator . to ensure that the procedure is launched in a timely , coherent and effective manner and that the conditions are verified in a uniform manner , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the common action should be used seamlessly in national proceedings when required , ### in the case of widespread infringements with a union dimension that may cause harm to consumers ' collective interests in a majority of member states , the commission should launch and coordinate a union - level coordination procedure . to ensure procedural coherence , the commission should be in charge of verifying whether the conditions for the launch of the procedure are fulfilled . evidence and information collected during the coordinated action should be used in national proceedings when required ,