### in order to guarantee the free movement of products within the union , it is necessary to ensure that products fulfil requirements providing a high level of protection of public interests such as health and safety in general , health and safety in the workplace , protection of consumers , protection of the environment and public security . robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the union market for goods can thrive . rules are therefore necessary to ensure this enforcement throughout the internal market , including on products entering the union from third countries . ### in order to guarantee the free movement of products within the union , it is necessary to ensure that products are fully compliant with the eu law and fulfil requirements providing a high level of protection of public interests such as health and safety in general , health and safety in the workplace , protection of consumers , protection of the environment and public security , similarly to requirements governing similar products produced within the eu single market . robust enforcement of these requirements is essential to the proper protection of these interests and to create the conditions in which fair competition in the union market for goods can thrive . rules are therefore necessary to ensure this enforcement throughout the internal market , including on products entering the union from third countries .


### strengthening the single market for goods through further enhancing efforts to keep non - compliant products from being placed on the union market was identified as a priority in the communication from the commission ‘ upgrading the single market : more opportunities for people and businesses’24 . this should be achieved by strengthening market surveillance , providing the right incentives to economic operators , intensifying compliance controls and promoting closer cross - border cooperation among enforcement authorities , including through cooperation with customs authorities . _________________ 24 com 550 final of 28 october 2015 . ### strengthening the single market for goods through further enhancing efforts to keep non - compliant products from being placed on the union market was identified as a priority in the communication from the commission ‘ upgrading the single market : more opportunities for people and businesses’24 . this should be achieved by strengthening market surveillance , providing clear , transparent and comprehensive rules to economic operators , intensifying compliance controls and promoting closer cross - border cooperation among enforcement authorities , including through cooperation with customs authorities . _________________ 24 com 550 final of 28 october 2015 .


### directive 2001 / 95 / ec of the european parliament and of the council25lays down the general safety requirements for all consumer products and provides for specific obligations and powers of the member states in relation to dangerous products as well as for the exchange of information to that effect through the union rapid alert system for dangerous non - food products . market surveillance authorities should have the possibility of taking the more specific measures available to them under that directive . in order to achieve a higher level of safety for consumer products , the mechanisms for exchanges of information and rapid intervention situations provided for in directive 2001 / 95 / ec and reinforced by regulation no 765 / 2008 of the european parliament and of the council26should be complemented to make them more effective . _________________ 25 directive 2001 / 95 / ec of the european parliament and of the council of 3 december 2001 on general product safety . 26 regulation no 765 / 2008 of the european parliament and of the council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 93 . ### directive 2001 / 95 / ec of the european parliament and of the council25 lays down the general safety requirements for all consumer products and provides for specific obligations and powers of the member states in relation to dangerous products as well as for the exchange of information to that effect through the union rapid alert system for dangerous non - food products . market surveillance authorities should have the possibility of taking the more specific measures available to them under that directive . in order to achieve a higher level of safety , quality and reliability for consumer products , the mechanisms for exchanges of information and rapid intervention situations provided for in directive 2001 / 95 / ec and reinforced by regulation no 765 / 2008 of the european parliament and of the council26 should be complemented to make them more effective . _________________ 25 directive 2001 / 95 / ec of the european parliament and of the council of 3 december 2001 on general product safety . 26 regulation no 765 / 2008 of the european parliament and of the council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 93 .


### this regulation should cover products that are subject to the union harmonisation legislation listed in the annex . the legislation listed in the annex should cover all union harmonisation legislation concerning manufactured products other than food , feed , medicinal products for human and veterinary use , living plants and animals , products of human origin and products of plants and animals relating directly to their future reproduction . this will ensure a uniform framework for market surveillance of those products at union level . several instruments of union harmonisation legislation on products need to be amended in consequence , in particular to remove references to certain provisions of regulation no 765 / 2008 . if new union harmonisation legislation is adopted in the future , it will be for that legislation to provide whether this regulation is also to apply to that legislation . ### this regulation should cover products that are subject to the union harmonisation legislation listed in the annex . the legislation listed in the annex should cover all union harmonisation legislation concerning manufactured products other than food , feed , medicinal products for human and veterinary use , living plants and animals , products of human origin and products of plants and animals relating directly to their future reproduction . this will ensure a uniform framework for market surveillance of those products at union level and will increase consumer confidence in products on the market . several instruments of union harmonisation legislation on products need to be amended in consequence , in particular to remove references to certain provisions of regulation no 765 / 2008 . if new union harmonisation legislation is adopted in the future , it will be for that legislation to provide whether this regulation is also to apply to that legislation .


### safety of consumers largely depends on the active enforcement of union harmonisation legislation on products providing for safety requirements . it is therefore necessary to strengthen enforcement measures . these measures should be continuously improved and increasingly effective with a view to meeting the current challenges of a global market and an increasingly complex supply chain . ### safety of consumers largely depends on the active enforcement of union legislation on products providing for safety requirements . it is therefore necessary to strengthen enforcement measures , including with regard to the products that are offered for sale online to end - users within the union . these measures should be continuously improved and increasingly effective with a view to meeting the current challenges of a global market and an increasingly complex supply chain .


### responsibility for enforcing union harmonisation legislation should lie with the member states , whose market surveillance authorities should be required to ensure that the legislation is fully complied with . the member states should , therefore , establish systematic approaches to ensure effectiveness of market surveillance and other enforcement activities . ### responsibility for enforcing union harmonisation legislation should lie with the member states , whose market surveillance authorities should be required to ensure that the legislation is fully complied with . the member states should , therefore , establish harmonised systematic approaches , including effective , proportionate and dissuasive penalties , to ensure effectiveness of market surveillance and other enforcement activities . in case of serious and recurrent breaches of compliance should be followed by sanctions , corresponding to 5% of the turnover of an entity .


### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a contact person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation . the person responsible for providing such compliance information should be the manufacturer , or the importer , or another person designated by the manufacturer for this purpose , for example another economic operator . the role of a person responsible for compliance information established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance information should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 . ### a fairer single market should ensure equal conditions for competition to all economic operators and protection against unfair competition . to this purpose , strengthened enforcement of union harmonisation legislation on products is necessary . good cooperation between manufacturers and the market surveillance authorities is a key element allowing immediate intervention and corrective action in relation to the product . it is important that there should be a responsible person established in the union so that market surveillance authorities have someone to whom questions can be addressed regarding a product’s compliance with union harmonisation legislation and who can take action to remedy instances of non - compliance . the person responsible for compliance should be the manufacturer , or the importer , or another person designated by the manufacturer for this purpose , for example an authorised representative or another economic operator . the role of a person responsible for compliance established in the union is essential for providing market surveillance authorities with an interlocutor established in the union , and for performing specific tasks in a timely manner to ensure that the products comply with the requirements of union harmonisation legislation , for the benefit of consumers , workers and businesses within the union . the provisions in this regulation requiring there to be a person established in the union responsible for compliance should not apply where specific requirements set out in certain legal instruments on products achieve the same result in effect , namely article 4 of regulation no 1223 / 2009 , article 15 of regulation 2017 / 745 and article 15 of regulation 2017 / 746 .


### member states should provide assistance to economic operators either through information on the applicable union harmonisation legislation by the product contact points established under regulation [ reference to new regulation on mutual recognition to be inserted ] 56 , or through guidance on the applicable union harmonisation legislation by the market surveillance authority within the framework of compliance partnership arrangements . market surveillance authorities should able to build on the existing cooperation with stakeholders and be permitted to conclude memoranda of understanding with stakeholders , with a view to promoting compliance or identifying non - compliance with regard to categories of product within a given geographical area . __________________ 56 regulation [ … ] of the european parliament and of the council of … ### member states should provide assistance to economic operators either through information on the applicable union harmonisation legislation by the product contact points established under regulation [ reference to new regulation on mutual recognition to be inserted ] 56 . market surveillance authorities should able to build on the existing cooperation with stakeholders and be permitted to conclude memoranda of understanding with stakeholders , with a view to raising awareness , providing advice and guidance , promoting voluntary actions , promoting compliance or identifying non - compliance with regard to categories of product within a given geographical area , including the products that are offered by electronic means . __________________ 56 regulation [ … ] of the european parliament and of the council of …


### this regulation should be without prejudice to the freedom of member states to choose the enforcement system that they deem appropriate . member states should be free to choose whether their market surveillance authorities can exercise investigation and enforcement directly under their own authority or by application to the competent courts . ### this regulation should be without prejudice to the freedom of member states to choose the enforcement system that they deem appropriate . member states should be free to choose whether their market surveillance authorities can exercise investigation and enforcement directly under their own authority , by recourse to other competent public authorities or by application to the competent courts .


### market surveillance authorities should be able to require any representative or member of staff of the economic operator concerned to give explanations or provide facts , information or documents relating to the subject matter of the on - site inspection , and to record the answers given by that representative or staff member . ### market surveillance authorities should be able to require any representative or member of staff of the economic operator concerned to give explanations or provide facts , information or documents relating to the subject matter of the on - site inspection , and to record the answers given by that representative or staff member , but only if the economic operator agrees to this and only in his presence .


### to ensure the reliability and consistency of testing across the union in the market surveillance framework , the commission should designate union testing facilities . furthermore , a more comprehensive information system should be developed for sharing test results within the union in order to avoid unnecessary duplication and to ensure greater consistency at union level . ### to ensure the effectiveness and consistency of testing across the union in the market surveillance framework with regard to specific products or a specific category or group of products or for specific risks related to a category or group of products , the commission should designate union testing facilities . furthermore , a more comprehensive information system should be developed for sharing test results within the union in order to avoid unnecessary duplication and to ensure greater consistency at union level .


### the commission should carry out an evaluation of this regulation against the objectives it pursues . pursuant to point 22 of the interinstitutional agreement of 13 april 2016 on better law making59 , the evaluation , based on efficiency , effectiveness , relevance , coherence and value added , should provide the basis for impact assessments of options for further action . _________________ 59 oj l 123 , 12 . 5 . 2016 , p . 1 . ### the commission should carry out an evaluation of this regulation against the objectives it pursues , also taking into consideration new technological , economic , commercial and legal developments and paying special attention to iot and ai - enabled devices . pursuant to point 22 of the interinstitutional agreement of 13 april 2016 on better law making59 , the evaluation , based on efficiency , effectiveness , relevance , coherence and value added , should provide the basis for impact assessments of options for further action , including broadening a scope of this regulation to non - harmonised products . _________________ 59 oj l 123 , 12 . 5 . 2016 , p . 1 .


### ‘ market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements under union harmonisation legislation and do not endanger health , safety or any other aspect of public interest protection ; ### ‘ market surveillance’ means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements under union legislation and do not endanger health and safety in general , health and safety in the workplace , the protection of consumers , public safety or any other aspect of public interest protection ;


### ‘ economic operator’ means the manufacturer , the authorised representative , the importer or the distributor , and including : ### ‘ economic operator’ means the manufacturer , the authorised representative , the importer or the distributor and any other person subject to obligations in relation to the making available of products on the market in accordance with the relevant union harmonisation legislation , and including :


### the person responsible for compliance information shall perform the following tasks : ### the person responsible for compliance shall have the following responsibilities :


### cooperating with the market surveillance authorities , at their request , on any action taken to eliminate or , if that is not possible , mitigate the risks posed by the product . ### cooperate with the market surveillance authorities and take immediate action to remedy any case of non - compliance with the requirements set out in union harmonisation legislation applicable to the product in question , at their own initiative or when required to do so by the market surveillance authorities ;


### the identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product , its packaging , the parcel or an accompanying document . ### the name , registered trade name or registered trade mark and the contact details , including the postal address , of the person responsible for compliance with respect to the product shall be indicated on the product or , where not possible because of the size or physical characteristics of the product , on its packaging or the accompanying documents .


### the identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product , its packaging , the parcel or an accompanying document . ### the name , registered trade name or registered trade mark and the contact details , including the postal address , of the person responsible for compliance with respect to the product shall be indicated on the product or , where that is not possible because of the size or physical characteristics of the product , its packaging , the parcel or an accompanying document .


### the identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on or identifiable from information indicated on the product , its packaging , the parcel or an accompanying document . ### the identity and contact details of the person responsible for compliance information with respect to the product shall be indicated on the website or identifiable from information indicated on the product , its packaging , the parcel or an accompanying document .


### any exchange of information between market surveillance authorities and businesses or organisations referred to in paragraph 1 for the purposes of preparing or implementing a memorandum of understanding entered into by them under that paragraph shall be deemed not to infringe the requirements of professional secrecy . ### any exchange of information between market surveillance authorities and the parties referred to in paragraph 1 for the purposes of preparing or implementing a memorandum of understanding entered into by them under that paragraph shall be deemed not to infringe the requirements of professional secrecy .


### each member state shall designate one or more market surveillance authorities in its territory . it shall inform the commission , through the network established under article 31 , and the other member states of the market surveillance authorities designated by it and the areas of competence of each of those authorities , using the information and communication system referred to in article 34 . ### each member state shall designate one or more market surveillance authorities in its territory . it shall inform the commission and the other member states of its market surveillance authorities and the areas of competence of each of those authorities , using the information and communication system referred to in article 34 .


### member states shall ensure that their market surveillance authorities and single liaison office have the necessary resources , including sufficient budgetary and other resources , expertise , procedures and other arrangements for the proper performance of their duties . ### member states shall ensure that their market surveillance authorities and single liaison office have the necessary resources , including sufficient budgetary , financial and other resources , qualified staff and expertise , procedures and other arrangements for the proper performance of their duties .


### where there is more than one market surveillance authority in their territory , member states shall ensure that the respective duties of those authorities are clearly defined and that those authorities collaborate closely so that they can discharge their duties effectively . ### where there is more than one market surveillance authority in their territory , member states shall ensure that the respective duties of those authorities are clearly defined and that appropriate communication and coordination mechanism are established to enable those authorities to collaborate closely and exercise their duties effectively .


### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains . ### each member state shall have the option to draw up a national market surveillance strategy , as a minimum , every 3 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains .


### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains . ### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years . the national strategy shall take into account the priorities set out within the work programme of the network established under article 31 and promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state , including the market surveillance of products sold online , and shall include all sectors and stages of the product supply chain , including imports and digital supply chains .


### the national market surveillance strategy shall include , as a minimum , the following elements : ### the national market surveillance strategy shall include , at least , the following elements :


### the enforcement actions planned in order to reduce the occurrence of non - compliance in those areas identified as a priority , including , where relevant , the minimum control levels envisaged for categories of product which have significant levels of non - compliance ; ### the enforcement actions planned in order to reduce the occurrence of non - compliance in those areas identified as a priority under points and , including , where relevant , the minimum control levels envisaged for categories of product which have significant levels of non - compliance ;


### member states shall confer on their market surveillance authorities the powers of market surveillance , investigation and enforcement necessary for the application of this regulation and for the application of the union harmonisation legislation set out in the annex to this regulation . ### member states shall confer on their market surveillance authorities the powers of market surveillance , including the market surveillance of products sold online , investigation and enforcement necessary for the application of this regulation and for the application of the union harmonisation legislation set out in the annex to this regulation and shall provide them with the necessary resources in that regard .


### when conferring powers under paragraph 1 , including a power required by paragraph 3 , member states may provide for the power to be exercisable in one of the following ways as appropriate : ### member states may provide for the power to be exercisable in one of the following ways as appropriate :


### by recourse to other public authorities ; ### where appropriate , upon recourse to other public authorities , in accordance with the division of powers and the institutional and administrative organisation of the member state in question ;


### the powers conferred on market surveillance authorities under paragraph 1 shall include the following powers as a minimum : ### the powers conferred on market surveillance authorities under paragraph 1 shall include at least the following powers :


### to request any representative or member of staff of the economic operator to give explanations of facts , information or documents relating to the subject - matter of the inspection and to record their answers ; ### to request any representative or member of staff of the economic operator to give explanations or provide facts , information or documents relating to the subject - matter of the inspection and to record their answers ;


### the power to purchase products as test purchases , including under a cover identity , in order to detect non - compliance and obtain evidence ; ### the power to purchase products as test purchases , including under a cover identity , to inspect them and to reverse - engineer them in order to detect non - compliance under this regulation and obtain evidence ;


### the power to seek to obtain a commitment from an economic operator to bring an instance of non - compliance to an end ; ### the power to seek to obtain , or to accept , a commitment from an economic operator responsible for non - compliance to bring an instance of non - compliance to an end ;


### the power to impose penalties on an economic operator , including fines or periodic penalty payments , for non - compliance or for failure to comply with any decision , order , temporary measure or other measure taken by the market surveillance authority ; ### the power to impose penalties on an economic operator , including fines or periodic penalty payments , for non - compliance or for failure to comply with any decision , order , measure taken by the market surveillance authority ;


### market surveillance authorities shall publish any commitments given to them by economic operators , details of any corrective action taken by economic operators in their territory , and details of any temporary measures taken by the relevant market surveillance authority pursuant to this regulation . ### market surveillance authorities shall publish any commitments given to them by economic operators , details of any corrective action taken by economic operators in their territory , and details of any measures taken by the relevant market surveillance authority pursuant to article 12 of this regulation .


### where the market surveillance authorities of one member state decide to withdraw a product manufactured in another member state , they shall inform the economic operator concerned without delay . ### where the market surveillance authorities of one member state decide to withdraw a product manufactured in another member state , they shall inform the economic operator concerned and end users immediately .


### where the market surveillance authorities of one member state decide to withdraw a product manufactured in another member state , they shall inform the economic operator concerned without delay . ### where the market surveillance authorities of one member state decide to withdraw a product manufactured in another member state , or placed on the market in another member state , they shall inform the economic operator concerned without delay .


### market surveillance authorities shall take measures to recall or withdraw products which present a serious risk or to prohibit the making available of them on the market . they shall inform the commission of such measures without delay , in accordance with article 19 . ### market surveillance authorities shall take measures to recall or withdraw products which present a serious risk to consumers , environment or the persons involved in the manufacturing of the product , or to prohibit the making available of such products on the market . they shall inform the commission of such measures without delay , in accordance with article 19 .


### market surveillance authorities shall take measures to recall or withdraw products which present a serious risk or to prohibit the making available of them on the market . they shall inform the commission of such measures without delay , in accordance with article 19 . ### market surveillance authorities shall immediately take measures to recall or withdraw products which present a serious risk or to prohibit the making available of them on the market . they shall inform the commission of such measures without delay , in accordance with article 19 .


### the commission may designate union testing facilities for specific products or a specific category or group of products or for specific risks related to a category or group of products which are made available on the market . ### the commission , after consulting the network established under article 31 , may designate union testing facilities for specific products or a specific category or group of products or for specific risks related to a category or group of products which are made available on the market that require costly or complex testing with regard to their compliance , or when member states don ' t have facilities to perform testing of these products within their territory .


### union testing facilities shall , within the area of their competence , perform the following tasks as a minimum : ### union testing facilities shall , within the area of their competence , perform at least the following tasks :


### carry out product - testing in relation to market surveillance activities and investigations ; ### carry out testing of specific products or a specific category or group of products or specific risks related to a category or group of products in relation to market surveillance activities and investigations at the request of the commission , the network established under article 31 or market surveillance authorities ;


### market surveillance authorities may charge economic operators administrative fees in relation to instances of non - compliance by that economic operator in order to enable the authorities to recover the costs of their activities with respect to these instances of non - compliance . those costs may include the costs of carrying out testing for the purposes of a risk assessment , the costs of taking measures in accordance with article 30 and and the costs of their activities relating to products that are found to be non - compliant and subject to corrective action prior to their release for free circulation . ### market surveillance authorities may charge economic operators administrative fees in relation to instances of non - compliance by that economic operator in order to enable the authorities to recover the totality of the costs of their activities with respect to these instances of non - compliance . where the market surveillance authority considers this to be disproportionate , it may decide that the costs shall be borne only partially by the economic operator . those costs may include the costs of carrying out testing for the purposes of a risk assessment , the costs of taking measures in accordance with article 30 and and the costs of their activities relating to products that are found to be non - compliant and subject to corrective action prior to their release for free circulation .


### at the request of an applicant authority , the requested authority shall without delay take all necessary enforcement measures using the powers conferred on it under this regulation in order to bring an instance of non - compliance to an end . ### at the request of an applicant authority , the requested authority shall without delay take all necessary enforcement measures using the powers conferred on it under this regulation in order to bring an instance of non - compliance to an end by exercising the powers laid down in article 14 and any additional powers granted to it under the national law , including the imposition of penalties .


### where , in relation to products subject to union harmonisation legislation that are either in temporary storage or placed under a customs procedure other than release for free circulation , customs authorities at the first point of entry have reason to believe that those products present a risk , they shall transmit all relevant information to the competent customs office of destination . ### where , in relation to products subject to union harmonisation legislation that are either in temporary storage or placed under a customs procedure other than release for free circulation , customs authorities at the first point of entry have reason to believe that those products are not compliant with applicable union legislation or present a risk , they shall transmit all relevant information to the competent customs office of destination .


### where any non - compliance is identified in the course of controls described in the second subparagraph of paragraph 2 , the market surveillance authorities shall suspend the favourable treatment provided for in paragraph 1 and the first subparagraph of paragraph 2 and shall enter details of the non - compliance in the system referred to in article 34 . ### where any non - compliance is identified in the course of controls described in the second subparagraph of paragraph 2 , the market surveillance authorities shall suspend the favourable treatment provided for in paragraph 1 and the first subparagraph of paragraph 2 . they shall inform the relevant customs authorities about the identified non - compliance and shall enter details of the non - compliance in the system referred to in article 34 .


### the secretariat shall be composed of commission staff . ### the secretariat shall be composed of commission staff . it shall organise the meetings of the network and provide it with technical and logistical support .


### to adopt and monitor the implementation of the work programme of the network on the basis of a proposal from the secretariat ; ### to monitor the implementation of the work programme of the network and to inform the network about the conclusion of that monitoring ;


### to organise cooperation and the effective exchange of information and best practices between market surveillance authorities ; ### to organise cooperation and facilitate the effective and regular exchange of information and best practices between member states as well as between market surveillance authorities , and between member states and relevant stakeholders ;


### the commission shall develop and maintain an information and communication system for the collection and storage of information , in a structured form , on issues relating to the enforcement of union harmonisation legislation . the commission , single liaison offices , and authorities designated in accordance with article 26 shall have access to that system . ### the commission shall develop and maintain an information and communication system for the collection and storage of information , in a structured form , on issues relating to the enforcement of union harmonisation legislation . this system should have a public interface with key information in all eu languages to inform consumers about the outcome of market surveillance . the commission , single liaison offices , and authorities designated in accordance with article 26 shall have access to that system .


### approval may only be granted to a third country under paragraph 3 following an audit within the union demonstrating that the following conditions are satisfied : ### approval may only be granted to a third country under paragraph 3 following audits within the union and the relevant third country demonstrating that the following conditions are satisfied :


### the commission shall withdraw an approval granted under paragraph 3 where it is revealed that the products entering the union market do not comply with union harmonisation legislation in a significant number of instances . ### the commission shall regularly monitor the correct functioning of the approval and shall withdraw an approval granted under paragraph 3 where it is revealed that the products entering the union market do not comply with union harmonisation legislation in a significant number of instances . the commission shall inform member states and the affected third country .


### by [ 31 december 2024 ] and every five years thereafter , the commission shall shall carry out an evaluation of this regulation against the objectives it pursues and present a report on the main findings to the european parliament , to the council and to the european economic and social committee . . ### by [ 31 december 2026 ] and every five years thereafter , the commission shall carry out an evaluation of this regulation against the objectives it pursues and present a report on the main findings to the european parliament , to the council and to the european economic and social committee . .


### globalisation and technological change is likely to further increase the interconnectedness and interdependence of world economies . labour reallocation is an integral and inevitable part of such economic change . if the benefits of change are to be distributed fairly , offering assistance to displaced workers and those threatened by displacement is of utmost importance . the ‘ eu quality framework for anticipation of change and restructuring’22 , is the union policy instrument that sets the framework of best practice for anticipating and dealing with corporate restructuring . it offers a comprehensive framework on how the challenges of economic adjustment and restructuring and their employment and social impact should be addressed by adequate policy means . it also calls upon member states to use eu and national funding in a way to ensure that the social impact of restructuring , especially the adverse effects on employment , can be cushioned more effectively . the main union instruments to assist workers affected are the european social fund plus , which is designed to offer assistance in an anticipatory way , and the egf , which is designed to offer assistance in the case of unexpected major restructuring events in a reactive manner . _________________ 22 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions eu quality framework for anticipation of change and restructuring , 882 final , 13 . 12 . 2013 ) . ### globalisation and technological change is likely to further increase the interconnectedness and interdependence of world economies . labour reallocation is an integral and inevitable part of such economic change . if the benefits of change are to be distributed fairly , offering assistance to displaced workers and those threatened by displacement is of utmost importance . the ‘ eu quality framework for anticipation of change and restructuring ' 22 is the union policy instrument that sets the framework of best practice for anticipating and dealing with corporate restructuring . it offers a comprehensive framework on how the challenges of economic adjustment and restructuring and their employment and social impact should be addressed by adequate policy means . it also calls upon member states to use eu and national funding in a way to ensure that the social impact of restructuring , especially the adverse effects on employment , can be cushioned more effectively . the main union instruments to assist workers affected are the european social fund plus , which is designed to offer assistance in an anticipatory way , and the egf , which is designed to offer assistance in the case of unexpected major restructuring events and those involving a large number of people in a reactive manner .


### as stated , in order to maintain the european nature of the egf , an application for support should be triggered when a major restructuring event causes a significant impact on the local or regional economy . such an impact should be defined by a minimum number of job displacements within a specific reference period . taking into account the findings of the mid - term evaluation , the threshold shall be set at 250 jobs displacement within a reference period of four months . taking into account that waves of dismissals in different sectors but the same region have an equally significant impact on the local labour market , regional applications shall be possible as well . in small labour markets , such as small member states or remote regions , including the outermost regions as referred in article 349 of the tfeu , or in exceptional circumstances , applications could be submitted in case of a lower number of job displacements . ### as stated , in order to maintain the european nature of the egf , an application for support should be triggered when a major restructuring event causes a significant impact on the local or regional economy . such an impact should be defined by a minimum number of job displacements within a specific reference period . taking into account the findings of the mid - term evaluation , the threshold shall be set at 250 jobs displacement within a reference period of nine months . taking into account that waves of dismissals in different sectors but the same region have an equally significant impact on the local labour market , regional applications shall be possible as well . in small labour markets , such as small member states or remote regions , including the outermost regions as referred in article 349 of the tfeu , or in exceptional circumstances , such as in the case of regions that have already been severely affected by a high unemployment rate , applications could be submitted in case of a lower number of job displacements .


### as stated , in order to maintain the european nature of the egf , an application for support should be triggered when a major restructuring event causes a significant impact on the local or regional economy . such an impact should be defined by a minimum number of job displacements within a specific reference period . taking into account the findings of the mid - term evaluation , the threshold shall be set at 250 jobs displacement within a reference period of four months . taking into account that waves of dismissals in different sectors but the same region have an equally significant impact on the local labour market , regional applications shall be possible as well . in small labour markets , such as small member states or remote regions , including the outermost regions as referred in article 349 of the tfeu , or in exceptional circumstances , applications could be submitted in case of a lower number of job displacements . ### as stated , in order to maintain the european nature of the egf , an application for support should be triggered when a major restructuring event causes a significant impact on the local or regional economy , especially in mono - industrial areas . such an impact should be defined by a minimum number of job displacements within a specific reference period . taking into account the findings of the mid - term evaluation , the threshold shall be set at 250 jobs displacement within a reference period of four months . taking into account that waves of dismissals in different sectors but the same region have an equally significant impact on the local labour market , regional applications shall be possible as well . in small labour markets , such as small member states or remote regions , including the outermost regions as referred in article 349 of the tfeu , or in exceptional circumstances , applications could be submitted in case of a lower number of job displacements .


### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating beneficiaries rapidly into sustainable employment , either within or outside their initial sector of activity . measures should reflect the prospected needs of the local or regional labour market . however , whenever relevant , the mobility of displaced workers should also be supported in order to help find new employment elsewhere . a particular focus shall be laid on the dissemination of skills required in the digital age . the inclusion of pecuniary allowances in a coordinated package of personalised services should be restricted . companies could be encouraged to participate in the national co - funding for the egf - supported measures . ### financial contributions from the egf should be primarily directed at active labour market measures aimed at reintegrating beneficiaries rapidly into sustainable employment , either within or outside their initial sector of activity through inclusion in retraining and skilling programmes . measures should reflect the prospected needs of the local or regional labour market . however , whenever relevant , the mobility of displaced workers should also be supported in order to help find new employment elsewhere . a particular focus shall be laid on the dissemination of skills required in the digital age . the inclusion of pecuniary allowances in a coordinated package of personalised services should be restricted . companies could be encouraged to participate in the national co - funding for the egf - supported measures .


### the cessation of activity of more than 250 displaced workers or self - employed persons , over a reference period of six months , particularly in smes , where all operate in the same economic sector defined at nace revision 2 division level and located in one region or two contiguous regions defined at nuts 2 level or in more than two contiguous regions defined at nuts 2 level provided that there are more than 250 workers or self - employed persons affected in two of the regions combined ; ### the cessation of activity of more than 250 displaced workers or self - employed persons , over a reference period of nine months , particularly in smes which may all operate in identical or different economic sectors defined at nace revision 2 division level and located in one region or two contiguous regions defined at nuts 2 level or in more than two contiguous regions defined at nuts 2 level provided that there are more than 250 workers or self - employed persons affected in two of the regions combined ;


### in small labour markets or in exceptional circumstances , in particular with regard to applications involving smes , where duly substantiated by the applicant member state , an application for a financial contribution under this article may be considered admissible even if the criteria laid down in points , or of paragraph 1 are not entirely met , when the redundancies have a serious impact on employment and the local or regional economy . the applicant member state shall specify which of the intervention criteria set out in points , or of paragraph 1 are not entirely met . the aggregated amount of contributions in exceptional circumstances may not exceed 15 % of the annual ceiling of the egf . ### in small labour markets or in exceptional circumstances , in particular with regard to applications involving smes , where duly substantiated by the applicant member state , an application for a financial contribution under this article may be considered admissible even if the criteria laid down in points , or of paragraph 1 are not entirely met , when the redundancies have a serious impact on employment and the local or regional economy , particularly in mono - industrial areas . the applicant member state shall specify which of the intervention criteria set out in points , or of paragraph 1 are not entirely met . the aggregated amount of contributions in exceptional circumstances may not exceed 15 % of the annual ceiling of the egf .


### where a beneficiary accesses an education or training course the duration of which is two years or more , the expenditure for such a course shall be eligible for egf co - funding up to the date when the final report referred to in article 20 is due , provided that the relevant expenditure have been incurred before that date . ### where a beneficiary accesses an education or training course for the purpose of retraining or business start - up , the duration of which is two years or more , the expenditure for such a course shall be eligible for egf co - funding up to the date when the final report referred to in article 20 is due , provided that the relevant expenditure have been incurred before that date .


### formaldehyde meets the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and is therefore a carcinogen within the meaning of directive 2004 / 37 / ec . it is a local acting genotoxic carcinogen . it is possible , on the basis of the available information , including scientific and technical data , to set a long and short term limit value for that carcinogen . formaldehyde is also a contact allergen to the skin . it is therefore appropriate to establish a limit value for formaldehyde and to assign a notation for skin sensitisation . in addition , upon request of the commission , echa is also gathering existing information to assess the potential exposure from formaldehyde and formaldehyde releasers at the workplace including industrial and professional uses48 . __________________ 48 https : / / echa . europa . eu / documents / 10162 / 13641 / formaldehyde_cion_reqst_axvdossier_en . pdf / 11d4a99a - 7210 - 839a - 921d - 1a9a4129e93e ### formaldehyde meets the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and is therefore a carcinogen within the meaning of directive 2004 / 37 / ec . it is a local acting genotoxic carcinogen . on the basis of the available information , including scientific and technical data , the concentrations of formaldehyde used in healthcare are minimal in comparison with those used in industry , and it is possible to set a long and short term limit value for that carcinogen . formaldehyde is also a contact allergen to the skin . it is therefore appropriate to establish a limit value for formaldehyde and to assign a notation for skin sensitisation . in addition , upon request of the commission , echa is also gathering existing information to assess the potential exposure from formaldehyde and formaldehyde releasers at the workplace including industrial and professional uses48 . __________________ 48 https : / / echa . europa . eu / documents / 10162 / 13641 / formaldehyde_cion_reqst_axvdossier_en . pdf / 11d4a99a - 7210 - 839a - 921d - 1a9a4129e93e


### in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , and to publish the results of such assessments . ### in implementing this directive , member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings and healthcare facilities . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , and to publish the results of such assessments .


### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations . operations in infrastructure under the infrastructure and innovation window linking two or more member states , including e - infrastructure , should be considered additional given their inherent difficulty and their high added value for the union . ### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in order to ensure that the entities that need to use the efsi guarantee fund are better represented , it would be advisable to allow for rotation on the steering board , to include members of sectoral dgs , such as transport and environment . in accordance with the additionality principle , operations should only be eligible if they address clearly identified market failures or sub - optimal investment situations . operations in infrastructure under the infrastructure and innovation window linking two or more member states , including e - infrastructure , should be considered additional given their inherent difficulty and their high added value for the union .


### in order to reinforce the take - up of the efsi in less - developed and transition regions , the scope of the general objectives eligible for efsi support should be enlarged . ### in order to reinforce the take - up of the efsi in less - developed and transition regions , the scope of the general objectives eligible for efsi support should be enlarged , while at the same time selection criteria should be established in line with the development targets proposed for these regions .


### in order to reinforce the take - up of the efsi in less - developed and transition regions , the scope of the general objectives eligible for efsi support should be enlarged . ### in order to reinforce the take - up of the efsi in less - developed , outermost and transition regions , the scope of the general objectives eligible for efsi support should be enlarged .


### in order to partly finance the contribution from the general budget of the union to the eu guarantee fund for the additional investments to be made , a transfer should be made from the available envelope of the connecting europe facility , provided for in regulation no 1316 / 2013 of the european parliament and of the council4 . moreover , eur 1 145 797 000 of appropriations should be transferred from the cef financial instruments to the grant part of the cef with a view to facilitating blending with the efsi or to other relevant instruments , in particular those dedicated to energy efficiency . _________________ 4 regulation no 1316 / 2013 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 , oj l 348 , 12 . 2013 , p . 129 . ### in order to meet the high demand for financing of mature projects under cef eur 1 145 797 000 of appropriations should be transferred from the cef financial instruments to the grant part of the cef with a view to facilitating blending with the efsi or to other relevant instruments , in particular those dedicated to energy efficiency .


### the eib and the eif should ensure that the final beneficiaries , including smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 . ### the eib and the eif should publicise the efsi in order to raise the profile of this important instrument . they should also ensure that the final beneficiaries , including smes , are informed of the existence of efsi support , so as to enhance the visibility of the eu guarantee granted under regulation 2015 / 1017 .


### the operations supported by the efsi should adhere to the union ' s principles of tax good governance . ### the operations supported by the efsi should adhere to the union ' s principles of tax good governance , given the need for a safer approach to prevent the fraudulent use thereof .


### regulation no 1316 / 2013 and regulation no 2015 / 1017 should therefore be amended accordingly , ### regulation no 2015 / 1017 should therefore be amended accordingly ,


### ‘ to better address market failures or sub - optimal investment situations , eib special activities supported by the efsi shall typically have features such as subordination , participation in risk - sharing instruments , cross - border characteristics , exposure to specific risks or other identifiable aspects as further described in annex ii . ’ ### ‘ to better address market failures , complex multi - national , cross - border projects , or sub - optimal investment situations , eib special activities supported by the efsi shall typically have features such as subordination , participation in risk - sharing instruments , cross - border characteristics , exposure to specific risks or other identifiable aspects as further described in annex ii . ’ ;


### the steering board shall comprise four members : three appointed by the commission and one by the eib . the steering board shall elect a chairperson from among its members for a fixed term of three years , renewable once . the steering board shall take its decisions by consensus . ### article 7 is amended as follows : ‘ 3 . the steering board shall comprise four members : three appointed by the commission and one by the eib . the steering board shall elect a chairperson from among its members for a fixed term of three years , renewable once . the steering board shall take its decisions by consensus on the basis of an in - depth analysis of each situation under discussion . ’


### member states and other third parties may - subject in the case of other third parties to the agreement of the steering board - contribute to the efsi in the form of guarantees or cash as regards member states , and only in the form of cash as regards other third parties . neither member states nor other third parties shall be granted membership of the steering board , nor shall they be granted a role in the appointment of other efsi staff including members of the investment committee , nor shall they have any right concerning other aspects of governance of the efsi as set out in this regulation . ### article 7 is amended as follows : ‘ 4 . member states and other third parties may - subject in the case of other third parties to the agreement of the steering board - contribute to the efsi in the form of guarantees or cash as regards member states , and in the same way as regards other third parties . neither member states nor other third parties shall be granted membership of the steering board , nor shall they be granted a role in the appointment of other efsi staff including members of the investment committee , nor shall they have any right concerning other aspects of governance of the efsi as set out in this regulation . ’


### the efsi agreement shall provide that the efsi is to have a managing director , who is to be responsible for the day - to - day management of the efsi and the preparation and chairing of meetings of the investment committee referred to in paragraph 6 . ### article 7 is amended as follows : ‘ 5 . the efsi agreement shall provide that the efsi is to have a managing director , who is to be responsible for the properday - to - day management of the efsi and the preparation and chairing of meetings of the investment committee referred to in paragraph 6 . ’


### the eib shall target that at least 40 % of efsi financing under the infrastructure and innovation window supports projects with components that contribute to climate action , in line with the cop21 commitments . the steering board shall provide detailed guidance to that end . ’ ; ; ### ‘ at least 40 % of efsi financing under the infrastructure and innovation window supports projects with components that contribute to climate action , in line with the cop21 commitments . in that respect , the eib shall target that at least 20 % of the efsi financing supports projects falling under point related to transport and mobility projects . projects related to social infrastructure under point shall not form part of that calculation . the steering board shall provide detailed guidance to that end ; ’ ;


### ‘ leveraging local knowledge to facilitate efsi support across the union and contributing where possible to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ’ ; ### ‘ leveraging regional and local knowledge to facilitate efsi support across the union and contributing to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib and project promoters to originate operations ; ’ ;


### providing pro - active support on the establishment of investment platforms ; ; ### ‘ providing pro - active support on the establishment of investment platforms , including sectoral investment platforms ; ' ;


### “long - term care benefit” means any benefit in kind , cash or a combination of both for persons who , over an extended period of time , on account of old - age , disability , illness or impairment , require considerable assistance from another person or persons to carry out essential daily activities , including to support their personal autonomy ; this includes benefits granted to or for the person providing such assistance ; ” ### “long - term care benefit” means any benefit in kind , cash or a combination of both for persons who , over an extended period of time , on account of old - age , disability , illness or impairment , require assistance from another person or persons to carry out essential daily activities , including to support their personal autonomy ; this includes benefits granted to or for the person providing such assistance ; ”


### where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance , employment or self - employment in that member state is less than three months that person shall be entitled to unemployment benefits in accordance with the legislation of the member state where he or she had previously completed such periods under the conditions and subject to the limitations laid down in article 64a . . ### where an unemployed person does not satisfy the conditions for the aggregation of periods in accordance with paragraph 1 because the total duration of his or her most recently completed periods of insurance , employment or self - employment in that member state is less than one month that person shall be entitled to unemployment benefits in accordance with the legislation of the member state where he or she had previously completed such periods under the conditions and subject to the limitations laid down in article 64a .


### in paragraph 3 , the word “three” shall be replaced by “six” and the words “a maximum of six months” shall be replaced by the words “the end of the period of entitlement to benefits” . ### paragraph 3 is deleted


### text proposed by the commission ### 7 b . in article 7 , the following paragraph is inserted : “1a . the provisional calculation of a benefit or contribution referred to in paragraph 1 shall be made no later than one month after the submission of the request by the person concerned . ”


### the administrative commission for the coordination of social security systems attached to the european commission shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . a representative of the european commission shall attend the meetings of the administrative commission in an advisory capacity . ### 23 a . in article 71 , paragraph 1 is replaced by the following : the administrative commission for the coordination of social security systems attached to the european commission shall be made up of a government representative from each of the member states , assisted , where necessary , by expert advisers . a representative of the european commission , a representative of the european parliament and , where appropriate , representatives of the social partners as well as beneficiaries , including representatives of disability organisations shall attend the meetings of the administrative commission in an advisory capacity .


### ‘ fraud’ means any intentional act or omission to act , in order to obtain or receive social security benefits or to avoid to pay social security contributions , contrary to the law of a member state ; . ### ‘ fraud’ means any intentional act or omission to act , in order to obtain or receive social security benefits or to avoid paying social security contributions or to circumvent the membership rules of a member state’s social security scheme , contrary to the law of the member state , to the basic regulation or to the implementing regulation , which causes harm to individuals or institutions ;


### where no agreement is reached between the institutions or authorities concerned , the matter may be brought before the administrative commission by the competent authorities no earlier than one month after the date on which the difference of views , as referred to in paragraph 1 or 2 arose . the administrative commission shall seek to reconcile the points of view within six months of the date on which the matter was brought before it . ### 7 a . in article 6 , paragraph 3 is replaced by the following : 3 . where no agreement is reached between the institutions or authorities concerned within three months of the date on which the difference of views arises , the matter shall be brought before the administrative commission by the competent authorities no earlier than one month after the date on which the difference of views , as referred to in paragraph 1 or 2 arose . the administrative commission shall seek to reconcile the points of view within six months of the date on which the matter was brought before it .


### where there is a difference of views between the institutions of two or more member states about the determination of the residence of a person to whom the basic regulation applies , these institutions shall establish by common agreement the centre of interests of the person concerned , based on an overall assessment of all available information relating to relevant facts , which may include , as appropriate : ### 7 c . in article 11 , paragraph 1 is replaced by the following : where there is a difference of views between the institutions of two or more member states about the determination of the residence of a person to whom the basic regulation applies , these institutions shall , no later than three months after the difference of views arises , establish by common agreement the centre of interests of the person concerned , based on an overall assessment of all available information relating to relevant facts , which may include , as appropriate :


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 201654 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the programme on the ground . _________________ 54 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 201654 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , information correlated to existing needs and that comply with the gdpr regulation , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the programme on the ground . _________________ 54 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### the tallinn digital summit55 of september 2017 and the conclusions of the european council56 of 19 october 2017 indicated the need for europe to invest in digitising our economies and addressing the skills gap to maintain and enhance european competitiveness , our quality of life and social fabric . the european council concluded that the digital transformation offers immense opportunities for innovation , growth and jobs , will contribute to our global competitiveness , and enhance creative and cultural diversity . seizing these opportunities requires collectively tackling some of the challenges posed by the digital transformation and reviewing policies affected by the digital transformation . _________________ 55 https : / / www . eu2017 . ee / news / insights / conclusions - after - tallinn - digital - summit 56 https : / / www . consilium . europa . eu / media / 21620 / 19 - euco - final - conclusions - en . pdf ### the tallinn digital summit55 of september 2017 and the conclusions of the european council56 of 19 october 2017 indicated the need for europe to invest in efficient digitising our economies and addressing the skills gap to maintain and enhance european competitiveness , our quality of life and social fabric . the european council concluded that the digital transformation offers immense opportunities for innovation , growth and jobs , will contribute to our global competitiveness , and enhance creative and cultural diversity . seizing these opportunities requires collectively tackling some of the challenges posed by the digital transformation and reviewing policies affected by the digital transformation , by creating effective and easily enforceable legislative rules . _________________ 55 https : / / www . eu2017 . ee / news / insights / conclusions - after - tallinn - digital - summit 56 https : / / www . consilium . europa . eu / media / 21620 / 19 - euco - final - conclusions - en . pdf


### the european council concluded in particular that the union should urgently address emerging trends : this includes issues such as artificial intelligence and distributed ledgers technologies , while at the same time ensuring a high level of data protection , digital rights and ethical standards . the european council invited the commission to put forward a european approach to artificial intelligence by early 2018 and called on the commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the eu to explore new markets through risk - based radical innovations and to reaffirm the leading role of its industry . ### the european council concluded in particular that the union should urgently address emerging trends : this includes issues such as artificial intelligence and distributed ledgers technologies , while at the same time ensuring a high level of data protection , digital rights and ethical standards . addressing new digital trends must be in line with union legislation on civil and fundamental rights of citizens . the european council invited the commission to put forward a european approach to artificial intelligence by early 2018 and called on the commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the eu to explore new markets through minimum risk - based radical innovations and to reaffirm the leading role of its industry .


### the european council concluded in particular that the union should urgently address emerging trends : this includes issues such as artificial intelligence and distributed ledgers technologies , while at the same time ensuring a high level of data protection , digital rights and ethical standards . the european council invited the commission to put forward a european approach to artificial intelligence by early 2018 and called on the commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the eu to explore new markets through risk - based radical innovations and to reaffirm the leading role of its industry . ### the european council concluded in particular that the union should urgently address emerging trends : this includes issues such as artificial intelligence and distributed ledgers technologies , while at the same time ensuring a high level of data protection , digital rights , copyright and ethical standards . the european council invited the commission to put forward a european approach to artificial intelligence by early 2018 and called on the commission to put forward the necessary initiatives for strengthening the framework conditions with a view to enable the eu to explore new markets through risk - based radical innovations and to reaffirm the leading role of its industry .


### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses and citizens all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies . ### the general objective of the programme should be to support the digital transformation of large , small and medium - sized enterprises and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses and citizens all over the union . the programme will need to be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme will need to also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies .


### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses and citizens all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies . ### the general objective of the programme should be the support of citizens and industry for the digital transformation and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of citizens and businesses all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies .


### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe59 . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open and competitive process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies and promote open innovation . they will also provide support in the area of advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market . _________________ 59 as indicated in the communication on digitising european industry 180 final ) ### a central role in the implementation of the programme should be attributed to digital innovation hubs , which should stimulate the broad adoption of advanced digital technologies by industry , by public organisations and academia . a network of digital innovation hubs should ensure the widest geographical coverage across europe . a first set of digital innovation hubs will be selected based on member states’ proposals and then the network will be enlarged through an open process . the digital innovation hubs will serve as access points to latest digital capacities including high performance computing , artificial intelligence , cybersecurity , as well as other existing innovative technologies such as key enabling technologies , available also in fablabs or citylabs . they shall act as single - entry points in accessing tested and validated technologies , promote open innovation and the use of as well as involvement in open source technologies . they will also provide support in the area of general and advanced digital skills . the network of digital innovation hubs should also contribute to the participation of the outermost regions in the digital single market .


### the programme should be implemented through projects reinforcing essential digital capacities and their wide use . this should involve co - investments with member states and , when needed , the private sector . this should notably require reaching a critical mass in procurement to obtain better value for money and guarantee that suppliers in europe stay at the forefront of technology advancements . ### the programme should be implemented through projects reinforcing essential digital capacities and their wide use . this should involve co - investments with member states and , when needed , the private sector . this should notably require reaching a critical mass in procurement to obtain better value for money and guarantee that suppliers in europe stay at the forefront of technology advancements . the program should also aim to protect the interests of the citizens of the european union .


### the programme ' s actions should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating or crowding out private financing and have a clear european added value . ### the programme ' s actions should be used to address market failures or sub - optimal investment situations , in a proportionate manner , without duplicating private financing and have clear added value for europe and its citizens .


### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and security as well as competitiveness of industry , notably small and medium - sized enterprises . ### the high performance computing and the related data processing capacities in the union will need to ensure wider use of high performance computing by industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and security as well as competitiveness of industry , notably small and medium - sized enterprises .


### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and security as well as competitiveness of industry , notably small and medium - sized enterprises . ### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by research , civil society , industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and security as well as competitiveness of industry , notably small and medium - sized enterprises .


### for the high performance computing specific objective a joint undertaking is deemed the most suited implementation mechanism , in particular to coordinate national and union strategies and investments in high performance computing infrastructure and research and development , pool resources from public and private funds , and safeguard the economic and strategic interests of the union63 . moreover , high performance computing competence centres in member states will provide high performance computing services to industry , academia and public administrations . _________________ 63 impact assessment accompanying the document ' proposal for a council regulation on establishing the eurohpc joint undertaking ' ### for the high performance computing specific objective a joint undertaking is deemed the most suited implementation mechanism , in particular to coordinate national and union strategies and investments in high performance computing infrastructure and research and development , pool resources from public and private funds , and safeguard the economic and strategic interests of the union63 and its citizens . moreover , high performance computing competence centres in member states will provide high performance computing services to industry , academia and public administrations . _________________ 63 impact assessment accompanying the document ' proposal for a council regulation on establishing the eurohpc joint undertaking '


### the availability of large - scale data sets and testing and experimentation facilities are of major importance for the development of artificial intelligence . ### the availability of large - scale data sets and testing and experimentation facilities are of major importance for the development of artificial intelligence . at the same time , these large - scale data sets need to be more secure and comply with the regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### the availability of large - scale data sets and testing and experimentation facilities are of major importance for the development of artificial intelligence . ### the availability of large - scale data sets and testing and experimentation facilities are of major importance for the development of artificial intelligence in order to ensure safety in the internal market when using artificial intelligence .


### cybersecurity is a challenge for the whole union that cannot continue to be addressed only with fragmented national initiatives . europe ' s cybersecurity capacity should be reinforced to endow europe with the necessary capacities to protect its citizens and businesses from cyber threats . in addition consumers should be protected when using connected products that can be hacked and compromise their safety . this should be achieved together with member states and private sector by developing , and ensuring coordination between , projects reinforcing europe ' s capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy , as well as by aggregating the competences in this field to ensure critical mass and excellence . ### cybersecurity is a challenge for the whole union that cannot continue to be addressed only with fragmented national initiatives . europe ' s cybersecurity capacity should be reinforced to endow europe with the necessary capacities , both in technology and in legislation , to protect its citizens and businesses from cyber threats . in addition consumers should be protected when using connected products that can be hacked and compromise their safety . this should be achieved together with member states and private sector by developing , and ensuring coordination between , projects reinforcing europe ' s capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy , as well as by aggregating the competences in this field to ensure critical mass and excellence . . the union must ensure that the provisions of the other treaties to which it is party are respected .


### cybersecurity is a challenge for the whole union that cannot continue to be addressed only with fragmented national initiatives . europe ' s cybersecurity capacity should be reinforced to endow europe with the necessary capacities to protect its citizens and businesses from cyber threats . in addition consumers should be protected when using connected products that can be hacked and compromise their safety . this should be achieved together with member states and private sector by developing , and ensuring coordination between , projects reinforcing europe ' s capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy , as well as by aggregating the competences in this field to ensure critical mass and excellence . ### cybersecurity is a challenge for the whole union that cannot continue to be addressed only with fragmented national initiatives . europe ' s cybersecurity capacity should be reinforced to endow europe with the necessary capacities to protect its citizens , businesses , public institutions and democracy from cyber threats . in addition consumers should be protected when using connected products that can be hacked and compromise their safety . this should be achieved together with member states and private sector by developing , and ensuring coordination between , projects reinforcing europe ' s capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy , as well as by aggregating the competences in this field to ensure critical mass and excellence .


### cybersecurity is a challenge for the whole union that cannot continue to be addressed only with fragmented national initiatives . europe ' s cybersecurity capacity should be reinforced to endow europe with the necessary capacities to protect its citizens and businesses from cyber threats . in addition consumers should be protected when using connected products that can be hacked and compromise their safety . this should be achieved together with member states and private sector by developing , and ensuring coordination between , projects reinforcing europe ' s capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy , as well as by aggregating the competences in this field to ensure critical mass and excellence . ### cybersecurity is a challenge for the whole union that cannot continue to be addressed only with fragmented national initiatives . europe ' s cybersecurity capacity should be reinforced to endow europe with the necessary capacities to protect its citizens and businesses from cyber threats and possible attacks . in addition consumers should be protected when using connected products that can be hacked and compromise their safety . this should be achieved together with member states and private sector by developing , and ensuring coordination between , projects reinforcing europe ' s capacities in cybersecurity and ensuring the wide deployment of latest cybersecurity solutions across the economy , as well as by aggregating the competences in this field to ensure critical mass and excellence .


### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes . ### the advanced digital technologies supported by this programme , such as high performance computing , cybersecurity and artificial intelligence are now sufficiently mature to move beyond the research arena and be deployed , implemented and scaled - up at union level . just as the deployment of these technologies require a union response so does the skills dimension . training opportunities in advanced digital skills need to be scaled up , increased and made accessible throughout the eu to tackle the digital divide based on social - structural effects such as income , gender or age . failing this could impede the smooth deployment of advanced digital technologies and hamper the overall competitiveness of union ' s economy . the actions supported by this programme are complementary to those supported by the esf , erdf and horizon europe programmes .


### modernising public administrations and services through digital means is crucial to reducing administrative burden on industry and on citizens in general by making their interactions with public authorities faster , more convenient and less costly , as well as by increasing the efficiency and the quality of the services provided to citizens and businesses . since a number of services of public interest already have a union dimension , the support to their implementation and deployment at union level should ensure that citizens and businesses will benefit from the access to high quality digital services across europe . ### modernising public administrations and services through digital means is crucial to reducing administrative burden on citizens and industry by making their interactions with public authorities faster , more convenient and less costly , as well as by increasing the efficiency and the quality of the services provided to citizens and businesses . since a number of services of public interest already have a union dimension , the support to their implementation and deployment at union level should ensure that citizens and businesses will benefit from the access to high quality digital services across europe


### ' digital innovation hub ' means legal entity designated or selected in an open and competitive procedure in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools to enable the digital transformation of the industry . ### ' digital innovation hub ' means legal entity designated or selected in an open procedure in order to fulfil the tasks under the programme , in particular providing access to technological expertise and experimentation facilities , such as equipment and software tools to enable the digital transformation of the industry or software to enhance citizens privacy .


### the programme has the following general objective : to support the digital transformation of the european economy and society and bring its benefits to european citizens and businesses . the programme will : ### the programme has the following general objective : to support the digital transformation of the european economy and society and bring its benefits to european citizens , workforce and businesses . the programme will :


### make those capacities accessible to all businesses and public administrations ; ### make those capacities accessible to all businesses , public administrations and the public as a free and open resource ;


### ensure a wide deployment of the latest cybersecurity solutions across the economy ; ### ensure a wide deployment of the latest cybersecurity solutions across the general public , public institutions and economy ;


### the financial intervention by the union under specific objective 4 . advanced digital skills shall support the development of advanced digital skills in areas supported by this programme , thus contributing to increase europe ' s talent pool , fostering greater professionalism , especially with regard to high performance computing , big data analytics , cybersecurity , distributed ledger technologies , robotics and artificial intelligence . the financial intervention shall pursue the following operational objectives : ### the financial intervention by the union under specific objective 4 . fundamental and advanced digital skills shall support the development of fundamental and advanced digital skills in areas supported by this programme , thus contributing to increase europe ' s talent pool as well as an inclusive digital transformation that benefits all european citizens , fostering greater professionalism , especially with regard to high performance computing , big data analytics , cybersecurity , distributed ledger technologies , robotics and artificial intelligence . the financial intervention shall pursue the following operational objectives :


### support the design and delivery of short - term trainings and courses for entrepreneurs , small business leaders and the workforce ; ### support the design and delivery of short - term trainings and courses for entrepreneurs , small business leaders , the workforce including work - seekers and employees in training , and the general public .


### support the design and delivery of short - term trainings and courses for entrepreneurs , small business leaders and the workforce ; ### support the design and delivery of short - term trainings and courses for entrepreneurs , small and medium business leaders and the workforce ;