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• Entry into force: 2024-07-18 (the publisher's qualifier, word for word: DATPUB +20 V ART 80)
• Deadline: 2028-07-19 (the publisher's qualifier, word for word: V ART 75.4)
• Deadline: 2029-07-18 (the publisher's qualifier, word for word: V ART 72.2)
• Deadline: 2030-07-19 (the publisher's qualifier, word for word: V ART 75.2)

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32024R1781, eng, the consolidated wording of 2024-06-28 (the publisher's consolidation date)

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80 articles quoted, 0 held without text.

Page 2 of 3: Article 30 to Article 79.

30. 030 Article 30

    Article 30 Obligations of distributors 1. When making a product covered by a delegated act adopted pursuant to Article 4 available on the market, distributors shall act with due care in relation to the requirements set out in the applicable delegated acts. 2. Before making a product covered by a delegated act adopted pursuant to Article 4 available on the market, distributors shall verify that: (a) the product bears the CE marking in accordance with Articles 45 and 46 or the conformity marking adopted in accordance with Article 4(6), point (d), and, where relevant, is labelled or is linked to a digital product passport in accordance with that delegated act; (b) the product is accompanied by the required documents and by digital instructions in a language that can be easily understood by customers, as determined by the Member State concerned, and that such instructions are clear, understandable and legible and include at least the information set out in Article 7(2), point (b) (ii), as specified in the delegated act adopted pursuant to Article 4; the obligations laid down in Article 27(7), fourth and fifth subparagraphs, shall apply mutatis mutandis; and (c) the manufacturer and the importer have complied with the requirements set out in Article 27(5) and (6) and Article 29(3). 3. Where distributors consider or have reason to believe that a product, before making it available on the market, is not in conformity, or its manufacturer is not complying, with the requirements set out in the applicable delegated acts adopted pursuant to Article 4, they shall not make the product available on the market until the product has been brought into conformity or the manufacturer complies. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in in the applicable delegated acts adopted pursuant to Article 4. 4. Distributors that consider or have reason to believe that a product which they have made available on the market is not in conformity with the requirements set out in the applicable delegated acts adopted pursuant to Article 4 shall ensure that the necessary corrective action to bring that product into conformity, to withdraw or recall it, if appropriate, is taken. Distributors shall immediately inform the market surveillance authorities of the Member States in which they made the product available of the suspected non-compliance and of any corrective action taken. 5. Distributors shall, further to a reasoned request from a competent national authority, provide all the information and documentation to which they have access and that is necessary to demonstrate the conformity of a product. That information and documentation shall be provided in paper or electronic form, within 15 days of receipt of a request by that authority. Distributors shall cooperate with the competent national authority regarding any corrective action taken to remedy any case of non-compliance with the applicable delegated act adopted pursuant to Article 4.

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31. 031 Article 31

    Article 31 Obligations of dealers 1. Dealers shall ensure that their customers and potential customers have access to any relevant information accompanying products, as required by the delegated acts adopted pursuant to Article 4, including in the event of distance selling. 2. Dealers shall ensure that the digital product passport is easily accessible for customers and potential customers, including in the event of distance selling, as set out in Article 9(2), point (e), and specified in the applicable delegated acts adopted pursuant to Article 4. 3. Dealers shall, including in the event of distance selling: (a) display to customers and potential customers, in a visible manner, the labels provided in accordance with Article 32(1), point (b) or (c); (b) make reference to the information included on the labels provided in accordance with Article 32(1), point (b) or (c), in visual advertisements or in technical promotional material for a specific model, in accordance with the applicable delegated acts adopted pursuant to Article 4; and (c) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers and potential customers with regard to the information included on the label regarding ecodesign requirements.

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32. 032 Article 32

    Article 32 Obligations related to labels 1. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 16, the economic operators placing the products on the market or putting them into service shall: (a) ensure that products are accompanied, for each individual unit and free of charge, by printed labels in accordance with that delegated act; (b) provide printed labels or digital copies of the label to the dealer free of charge, promptly and in any event within 5 working days of the dealer’s request; and (c) ensure that their labels are accurate, and provide technical documentation sufficient to enable the accuracy of their labels to be assessed. 2. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 16, the economic operators making the products available or putting them into service shall: (a) make reference to the information included on the label in visual advertisements or in technical promotional material for a specific model, in accordance with the applicable delegated acts adopted pursuant to Article 4; (b) not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers or potential customers with regard to the information included on the label regarding ecodesign requirements.

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33. 033 Article 33

    Article 33 Obligations of fulfilment service providers Fulfilment service providers shall ensure that, for products that they handle that are covered by a delegated act adopted pursuant to Article 4, the conditions during warehousing, packaging, addressing or dispatching do not jeopardise the products’ compliance with that delegated act.

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34. 034 Article 34

    Article 34 Cases in which obligations of manufacturers apply to importers and distributors Importers or distributors shall be considered manufacturers for the purposes of this Regulation where they: (a) place a product covered by a delegated act adopted pursuant to Article 4 on the market under their name or trademark; or (b) modify such a product already placed on the market in a way that affects compliance with the requirements set out in the applicable delegated acts adopted pursuant to Article 4.

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35. 035 Article 35

    Article 35 Obligations of providers of online marketplaces and online search engines 1. The general obligations provided for in Articles 11 and 30 of Regulation (EU) 2022/2065 shall apply for the purposes of this Regulation. Without prejudice to the general obligations referred to in the first subparagraph, providers of online marketplaces shall cooperate with the market surveillance authorities, at the request of those authorities and in specific cases, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the non-compliance of a product that is or was offered for sale online through their services. 2. As far as powers conferred by Member States in accordance with Article 14 of Regulation (EU) 2019/1020 are concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by a relevant delegated act adopted pursuant to Article 4, to order a provider of an online marketplace to act against one or more specific items of content referring to a non-compliant product, including by removing them. Such content shall be considered to be illegal content within the meaning of Article 3, point (h), of Regulation (EU) 2022/2065. Market surveillance authorities may, in accordance with Article 9 of Regulation (EU) 2022/2065, issue such orders. 3. Providers of online marketplaces shall establish a single contact point for the purposes of direct communication with Member States’ market surveillance authorities in relation to compliance with this Regulation. That single contact point may be the same contact point as that referred to in Article 22(1) of Regulation (EU) 2023/988 of the European Parliament and of the Council or Article 11(1) of Regulation (EU) 2022/2065.

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36. 036 Article 36

    Article 36 Information obligations of economic operators 1. When making a product covered by a delegated act adopted pursuant to Article 4 available on the market through distance selling, economic operators shall ensure that the product offer clearly and visibly provides at least the following information: (a) the name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address where the manufacturer can be contacted; (b) in the event that the manufacturer is not established in the Union, the name, postal and electronic address and telephone number of the economic operator established in the Union within the meaning of Article 4(2) of Regulation (EU) 2019/1020; and (c) information allowing the identification of the product, including a picture of it, its type and any other product identifier. 2. Economic operators shall, upon a reasoned request, provide the market surveillance authorities with: (a) the name of any economic operator that has supplied them with a product falling within the scope of a delegated act adopted pursuant to Article 4; (b) the name of any economic operator to whom or to which they have supplied such products, as well as the quantities and exact models of such products. Economic operators shall ensure that they are able to provide the information referred to in the first subparagraph for 10 years after they have been supplied with the relevant products and for 10 years after they have supplied such products, unless a different period has been specified in the delegated act referred to in paragraph 1. That information shall be provided in paper or electronic form within 15 days of receipt of a request by the market surveillance authority. 3. When requiring manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4(6), point (a)(iii), the Commission shall take into account the following criteria: (a) the need to facilitate the verification by market surveillance authorities of compliance of manufacturers, their authorised representatives and importers with the applicable requirements; and (b) the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs. The Commission shall specify the manner in which the relevant parts of the technical documentation are to be made available. Where the digital product passport is available, technical documentation shall be made available through it.

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37. 037 Article 37

    Article 37 Monitoring and reporting obligations of economic operators 1. When requiring manufacturers, their authorised representatives or importers to make available to the Commission information on the quantities of a product pursuant to Article 4(6), point (b), the Commission shall take into account the following criteria: (a) the availability of evidence concerning the market penetration of the relevant product and which is necessary to facilitate the review of delegated acts adopted pursuant to Article 4 applicable to that product; (b) the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs; and (c) the usefulness of the information required and the proportionality of that requirement. The Commission shall specify the period to which the information referred to in the first subparagraph is to relate. That information shall be differentiated per product model. The Commission shall specify the means through which the relevant information is to be made available and how frequently such information is to be made available. The Commission shall ensure that the information made available is processed securely and in compliance with Union law. 2. When requiring that a product be able to measure the energy it consumes or its performance in relation to other relevant product parameters referred to in Annex I while in use, pursuant to Article 4(6), point (c)(i), the Commission shall take into account the following criteria: (a) the usefulness of in-use data for end users to understand and manage the energy use or performance of the product; (b) the technical feasibility of recording in-use data; (c) the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs; and (d) the need to ensure that no data allowing the identification of individuals or allowing the inference of individuals’ behaviour are collected. 3. Products covered by a requirement set pursuant to Article 4(6), point (c), shall where appropriate, in line with the criteria in paragraph 2 of this Article, record the in-use data and make such data visible to the end user. 4. When requiring manufacturers, their authorised representatives or importers to collect non-personal in-use data referred to in paragraph 2 of this Article and report such data to the Commission, pursuant to Article 4(6), point (c)(ii), the Commission shall take into account the following criteria: (a) the usefulness of non-personal in-use data for the Commission when reviewing ecodesign requirements or assisting market surveillance authorities with statistical information for their risk-based analysis; and (b) the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs. 5. The requirements referred to in paragraph 4 may in particular consist of: (a) collecting non-personal in-use data if they can be accessed remotely via the internet, following explicit consent being given by the end user to make those data available; and (b) reporting those data to the Commission at least once a year. Where reporting is required pursuant to point (b) of the first subparagraph, those data shall include, where available, the identification number of the model as registered in the product database referred to in Article 12(1) of Regulation (EU) 2017/1369 and, if relevant to their performance, general geographical information on the products. 6. The Commission shall specify, in the relevant delegated act, the details and format for reporting the non-personal in-use data as referred to in paragraph 4. 7. The Commission shall periodically assess the non-personal in-use data received pursuant to paragraph 4 and shall, where appropriate, publish aggregated datasets.

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38. 038 Article 38

    Article 38 Requirements on supply chain actors When specified in the delegated act adopted pursuant Article 4, supply chain actors shall: (a) provide, upon request and free of charge, manufacturers, notified bodies and competent national authorities with available relevant information related to the products they supply or the services they provide; (b) allow, in the absence of information referred to in point (a), manufacturers to assess the products they supply or the services they provide and give access to relevant documents or facilities to those manufacturers; and (c) enable notified bodies and competent national authorities to verify the accuracy of relevant information related to their activities.

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39. 039 Article 39

    Article 39 Test, measurement and calculation methods 1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations shall be carried out using harmonised standards or other reliable, accurate and reproducible methods that take into account the generally recognised state-of-the art methods. Such methods shall fulfil the requirements for test, measurement and calculation methods set out in the relevant delegated acts adopted pursuant to Article 4. 2. When setting the requirement to use digital tools pursuant to Article 4(6), point (c)(iii), the Commission shall take into account the following criteria: (a) the need to ensure the harmonised application of calculation methods; and (b) the need to minimise the administrative burden imposed on economic operators. Digital tools shall be freely accessible for economic operators.

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40. 040 Article 40

    Article 40 Prevention of circumvention and worsening of performance 1. Economic operators shall not engage in any behaviour that undermines the compliance of products with this Regulation regardless of whether that behaviour is of a contractual, commercial, technical or other nature. 2. Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or put into service if they are designed to alter their behaviour or properties when they are tested in order to reach a more favourable result for any of the product parameters regulated in the applicable delegated acts adopted pursuant to Article 4. For the purposes of this paragraph, products designed to be able to detect that they are being tested and which automatically alter their performance in response and products pre-set to alter their performance at the time of testing shall be considered to be products designed to alter their behaviour or properties when they are tested. 3. Economic operators that place on the market or put into service a product covered by a delegated act adopted pursuant to Article 4 shall not prescribe instructions specific to testing that alter the behaviour or the properties of the product in order to reach a more favourable result for any of the product parameters regulated in the applicable delegated acts adopted pursuant to Article 4. For the purposes of this paragraph, instructions leading to a manual alteration of the product, before a test, that alters the performance of the product shall be considered to be instructions specific to testing that alter the behaviour or the properties of the product. 4. Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or put into service if they are designed to alter their behaviour or properties within a short period after being put into service, leading to a worsening of their performance in relation to any of the product parameters regulated in the applicable delegated acts adopted pursuant to Article 4, or their functional performance from the perspective of the user. 5. Software or firmware updates shall not lead to the worsening of product performance beyond acceptable margins specified in the applicable delegated acts adopted pursuant to Article 4 in relation to any of the product parameters regulated in those delegated acts or the functional performance from the perspective of the user when measured with the test method used for the conformity assessment, except where the customer explicitly consents prior to the update to such worsening of performance. No change shall occur as a result of rejecting the update. Software or firmware updates shall in no circumstances lead to the worsening of product performance as referred to in the first subparagraph of this paragraph to the extent that the product becomes non-compliant with the requirements set out in delegated acts adopted pursuant to Article 4 applicable at the time of the placing on the market or putting into service of the product.

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41. 041 Article 41

    Article 41 Presumption of conformity 1. Tests, measurement or calculation methods referred to in Article 39 which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in that Article and with test, measurement and calculation requirements set out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by such harmonised standards or parts thereof. 2. Digital product passports which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements set out in Articles 10 and 11 to the extent that those requirements are covered by such harmonised standards or parts thereof. 3. Products which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with ecodesign requirements set out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by such harmonised standards or parts thereof. 4. Products covered by a delegated act adopted pursuant to Article 4 which have been awarded the EU Ecolabel pursuant to Regulation (EC) No 66/2010 shall be presumed to comply with the ecodesign requirements set out in that delegated act to the extent that those requirements are covered by the EU Ecolabel criteria established pursuant to Article 8 of that Regulation.

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42. 042 Article 42

    Article 42 Common specifications 1. The Commission may adopt implementing acts establishing, for products covered by delegated acts adopted pursuant to Article 4, common specifications covering ecodesign requirements, the essential requirements for digital product passports referred to in Articles 10 and 11 or the test, measurement or calculation methods referred to in Article 39. Those implementing acts shall only be adopted where the following conditions are fulfilled: (a) the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft a harmonised standard for an ecodesign requirement, for an essential requirement for digital product passports referred to in Articles 10 and 11 of this Regulation or for a test, measurement or calculation method referred to in Article 39 of this Regulation; and: (i) the request has not been accepted; (ii) the harmonised standard addressing that request is not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or (iii) the harmonised standard does not comply with the request; and (b) no reference to harmonised standards for an ecodesign requirement, for an essential requirement for digital product passports referred to in Articles 10 and 11 of this Regulation or for a test, measurement or calculation method referred to in Article 39 of this Regulation is published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period. The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 73(3). 2. Before preparing the draft of the implementing acts referred to in paragraph 1 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 1 of this Article are fulfilled. 3. When preparing the draft of the implementing acts referred to in paragraph 1, the Commission shall take into account the views of the Ecodesign Forum and of the Member States Expert Group as well as of any other relevant bodies, and shall duly consult all relevant stakeholders. 4. Test, measurement and calculation methods referred to in Article 39 which are in conformity with common specifications established by implementing acts referred to in paragraph 1 of this Article or parts thereof shall be presumed to be in conformity with the requirements set out in that Article and with test, measurement and calculation requirements set out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by such common specification or parts thereof. 5. Products within the scope of this Regulation which are in conformity with common specifications established by implementing acts referred to in paragraph 1 of this Article or parts thereof shall be presumed to be in conformity with ecodesign requirements, with the essential requirements for digital product passports referred to in Articles 10 and 11 or with the requirements for test, measurement or calculation methods referred to in Article 39 set out in the applicable delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by those common specifications or parts thereof. 6. Where a harmonised standard is adopted by a European standardisation organisation and proposed to the Commission for the purpose of publishing its reference in the Official Journal of the European Union, the Commission shall assess the harmonised standard in accordance with Regulation (EU) No 1025/2012. When references of a harmonised standard are published in the Official Journal of the European Union, the Commission shall repeal the implementing acts referred to in paragraph 1 or the parts thereof which cover the same ecodesign requirements, essential requirements for digital product passports and requirements for test, measurement or calculation methods. 7. Where a Member State or the European Parliament considers that a common specification does not entirely satisfy the ecodesign requirements, the essential requirements for digital product passports and requirements for the test, measurement or calculation methods, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and, if appropriate, may amend the implementing act establishing the common specification in question.

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43. 043 Article 43

    Article 43 Conformity assessment 1. When specifying the applicable conformity assessment procedure pursuant to Article 4(5), the Commission shall consider the following criteria: (a) whether the module concerned is appropriate to the type of product and to the relevant ecodesign requirements, and proportionate to the public interest pursued; (b) the nature of the risks entailed by the product and the extent to which conformity assessment corresponds to the nature and degree of those risks; and (c) where third party involvement is mandatory, the need for the manufacturer to have a choice between quality assurance and product certification modules set out in Annex II to Decision No 768/2008/EC. 2. Records and correspondence relating to the conformity assessment shall be drawn up in an official language of the Member State where the notified body involved in a conformity assessment procedure referred to in paragraph 1 is established, or in a language accepted by that body.

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44. 044 Article 44

    Article 44 EU declaration of conformity 1. The EU declaration of conformity shall state that the fulfilment of the ecodesign requirements specified in the applicable delegated acts adopted pursuant to Article 4 has been demonstrated or that a presumption of conformity applies in accordance with Article 41. 2. The EU declaration of conformity shall have the model structure set out in Annex V, and shall contain the elements specified in the applicable conformity assessment procedure and a reference to the applicable delegated acts adopted pursuant to Article 4. It shall be continuously updated and shall be translated into the language or languages required by the Member State on whose market the product is placed or made available. 3. Where a product covered by a delegated act adopted pursuant to Article 4 is subject to more than one Union legal act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union legal acts. That declaration shall state the Union legal acts concerned and their publication references. It may be a dossier made up of relevant individual EU declarations of conformity. 4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the product.

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45. 045 Article 45

    Article 45 General principles of the CE marking The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

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46. 046 Article 46

    Article 46 Rules and conditions for affixing the CE marking 1. The CE marking shall be affixed visibly, legibly and indelibly to the product. Where that is not possible or not warranted on account of the nature of the product, it shall be affixed to the packaging and to the accompanying documents. 2. The CE marking shall be affixed before the product is placed on the market or put into service. 3. For a product in the production control phase in which a notified body participates, the CE marking shall be followed by the identification number of that notified body. The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or its authorised representative. 4. The CE marking and, where applicable, the identification number of the notified body may be followed by a pictogram or other marking indicating a special risk or use. 5. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and take appropriate action in the event of improper use of the CE marking.

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47. 047 Article 47

    Article 47 Specific rules on markings As regards products not subject to requirements for a CE marking under Union law, when specifying rules on markings indicating conformity with the applicable ecodesign requirements pursuant to Article 4(6), point (d), the Commission shall take into account the following criteria: (a) the need to minimise the administrative burden for economic operators; (b) the need to ensure there is coherence in relation to other markings applicable to a specific product; and (c) the need to prevent confusion about the meaning of markings under other Union law.

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48. 048 Article 48

    Article 48 Notification Where third-party conformity assessment tasks are provided for under the delegated acts adopted pursuant to Article 4, Member States shall notify the Commission and the other Member States of the bodies authorised to carry out those tasks.

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49. 049 Article 49

    Article 49 Notifying authorities 1. Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, including compliance with Article 54. 2. Member States may decide that the assessment and monitoring referred to in paragraph 1 is to be carried out by a national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008. 3. Where the notifying authority delegates or otherwise entrusts the assessment, notification or monitoring referred to in paragraph 1 of this Article to a body which is not a governmental entity, that body shall be a legal entity and shall comply mutatis mutandis with the requirements laid down in Article 50. In addition, it shall have arrangements to cover liabilities arising out of its activities. 4. The notifying authority shall take full responsibility for the tasks performed by the body referred to in paragraph 3.

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50. 050 Article 50

    Article 50 Requirements relating to notifying authorities 1. A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies occurs. 2. A notifying authority shall be organised and operated so as to safeguard the objectivity and impartiality of its activities. 3. A notifying authority shall be organised in such a way that each decision relating to notification of a conformity assessment body is taken by competent persons different from those who carried out the assessment. 4. A notifying authority shall not offer or provide any activities that conformity assessment bodies perform, or consultancy services on a commercial or competitive basis. 5. A notifying authority shall safeguard the confidentiality of the information it obtains. However, it shall, upon request, exchange information on notified bodies with the Commission, with notifying authorities of other Member States and with other relevant national authorities. 6. A notifying authority shall assess only the specific conformity assessment body applying for notification and not take account of the capacities or personnel of parent or sister companies. The notifying authority shall assess that body in relation to all relevant requirements and conformity assessment tasks. 7. A notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for the proper performance of its tasks.

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51. 051 Article 51

    Article 51 Information obligation on notifying authorities Member States shall inform the Commission of their procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, and of any changes thereto. The Commission shall make that information publicly available.

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52. 052 Article 52

    Article 52 Requirements relating to notified bodies 1. For the purposes of notification, a conformity assessment body shall meet the requirements laid down in paragraphs 2 to 12. 2. A conformity assessment body shall be established under the national law of a Member State and have legal personality. 3. A conformity assessment body shall be a third-party body independent of the organisation or the product it assesses. It shall not have any business ties with organisations that have an interest in the products it assesses, in particular manufacturers, their trade partners and their shareholding investors. This shall not preclude the conformity assessment body from carrying out conformity assessment activities for competing manufacturers. 4. A conformity assessment body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, importer, distributor, installer, purchaser, owner, user or maintainer of the products which they assess, or the representative of any of those parties. This shall not preclude the use of assessed products that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes. A conformity assessment body, its top-level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, or the marketing, installation, use or maintenance of those products, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall apply in particular to consultancy services. Conformity assessment bodies shall ensure that the activities of their parent or sister companies, subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities. A conformity assessment body shall not delegate to a subcontractor or a subsidiary the establishment and the supervision of internal procedures, general policies, codes of conduct or other internal rules, the assignment of its personnel to specific tasks or the conformity assessment decisions. 5. Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field. They shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities. 6. A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it under the relevant delegated act adopted pursuant to Article 4 and in relation to which it has been notified, irrespective of whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility. At all times and for each conformity assessment procedure, and for each kind or category of products in relation to which it has been notified, a conformity assessment body shall have at its disposal: (a) the necessary personnel with technical knowledge, and sufficient and appropriate experience to perform the conformity assessment tasks; (b) the necessary descriptions of the procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures including a description of how relevant personnel, their status and tasks correspond to the conformity assessment tasks in relation to which the body intends to be notified; (c) appropriate policies and procedures to distinguish between the tasks it carries out as a notified body and its other activities; (d) procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process. It shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities. 7. The personnel responsible for carrying out conformity assessment activities shall have the following: (a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified; (b) satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments, including appropriate knowledge and understanding of the relevant legislation, test, measurement and calculation requirements, of the applicable harmonised standards or common specifications, and of the relevant provisions of this Regulation and of the delegated acts adopted pursuant to Article 4; (c) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out. 8. Personnel responsible for taking assessment decisions shall: (a) be employed by the conformity assessment body under the national law of the notifying Member State; (b) not have any potential conflict of interest; (c) be competent to verify the assessments made by other staff, external experts or subcontractors; (d) be sufficient in number to ensure business continuity and a consistent approach to conformity assessments. 9. The impartiality of the conformity assessment bodies and their top-level management and of the assessment personnel shall be guaranteed. The remuneration of the top-level management and assessment personnel of a conformity assessment body shall not depend on the number of assessments carried out or their results. 10. Conformity assessment bodies shall take out liability insurance, unless liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the conformity assessment. 11. The personnel of a conformity assessment body shall observe professional secrecy regarding all information obtained in carrying out the conformity assessment tasks under the relevant delegated acts adopted pursuant to Article 4, except in relation to the notifying authorities and other national authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected. 12. Conformity assessment bodies shall participate in, or ensure that their assessment personnel are informed about, the relevant standardisation activities and take into account the relevant guidance and recommendations issued by the competent technical committees of the European standardisation bodies.

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53. 053 Article 53

    Article 53 Presumption of conformity of conformity assessment bodies Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, it shall be presumed to comply with the requirements set out in Article 52 insofar as the applicable harmonised standards cover those requirements.

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54. 054 Article 54

    Article 54 Subsidiaries of and subcontracting by notified bodies 1. Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 52 and shall inform the notifying authority accordingly. 2. Notified bodies shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are established. 3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client. 4. Notified bodies shall keep at the disposal of the notifying authority the relevant documents concerning the assessment and monitoring of the qualifications of the subcontractor or the subsidiary and the work carried out by them under the relevant delegated acts adopted pursuant to Article 4.

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55. 055 Article 55

    Article 55 Application for notification 1. A conformity assessment body shall submit an application for notification to the notifying authority of the Member State in which it is established. 2. That application shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and the product or products for which that body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 52. The accreditation certificate shall relate only to the precise legal body applying for notification and shall be based, in addition to relevant harmonised standards, on the specific requirements and conformity assessment tasks set out in the relevant delegated act adopted pursuant to Article 4. 3. Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 52.

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56. 056 Article 56

    Article 56 Notification procedure 1. Notifying authorities may only notify conformity assessment bodies which have satisfied the requirements laid down in Article 52. 2. Notifying authorities shall notify the Commission and the other Member States using the electronic notification tool developed and managed by the Commission. 3. The notification shall include full details of the conformity assessment activities, the conformity assessment module or modules and product or products concerned and the relevant attestation of competence. 4. Where a notification is not based on an accreditation certificate as referred to in Article 55(2), the notifying authority shall provide the Commission and the other Member States with documentary evidence which attests to the conformity assessment body's competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 52. 5. The conformity assessment body concerned may perform the activities of a notified body if the Commission or the other Member States do not raise any objections within two weeks of a notification where an accreditation certificate is used, or within two months of a notification where accreditation is not used. Only such a body shall be considered a notified body for the purposes of this Regulation. 6. The notification shall become valid the day after the body is included in the list of notified bodies referred to in Article 57(2) by the Commission. The body concerned may perform the activities of a notified body only after the notification has become valid. The Commission shall not publish a notification if it is aware or becomes aware that the relevant notified body does not meet the requirements laid down in Article 52. 7. The Commission and the other Member States shall be notified of any subsequent relevant changes to the notification.

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57. 057 Article 57

    Article 57 Identification numbers and lists of notified bodies 1. The Commission shall assign an identification number to a notified body. It shall assign a single such number even where the body is notified under several Union acts. 2. The Commission shall make publicly available the list of the bodies notified under this Regulation, including the identification numbers that have been assigned to them and the activities for which they have been notified. The Commission shall ensure that that list is kept up to date.

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58. 058 Article 58

    Article 58 Changes to notifications 1. Where a notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 52, or that it is failing to fulfil its obligations, the notifying authority shall restrict, suspend or withdraw the notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations. It shall immediately inform the Commission and the other Member States accordingly. 2. In the event of a restriction, suspension or withdrawal of a notification, or where the notified body has ceased its activity, the notifying Member State shall take appropriate steps to ensure that that body’s files are either processed by another notified body or kept available for the responsible notifying and market surveillance authorities at their request.

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59. 059 Article 59

    Article 59 Challenge to the competence of notified bodies 1. The Commission shall investigate all cases where it doubts, or doubt is brought to its attention regarding, the competence of a notified body or the continued fulfilment by a notified body of the requirements and responsibilities to which it is subject. 2. The notifying Member State shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the body concerned. 3. The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially. 4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including withdrawal of the notification if necessary. The Commission shall update the list of notified bodies referred to in Article 57(2) within two weeks of the notification of the corrective measures taken by the notifying Member States in accordance with the first subparagraph of this paragraph.

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60. 060 Article 60

    Article 60 Operational obligations of notified bodies 1. Notified bodies shall carry out conformity assessments in accordance with the conformity assessment procedures provided for in the delegated acts adopted pursuant to Article 4. 2. Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators. Notified bodies shall perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process. In so doing they shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the product with the relevant requirements. 3. Where a notified body finds that a manufacturer does not meet the relevant requirements or corresponding harmonised standards, common specifications or other technical specifications, it shall require that manufacturer to take appropriate corrective measures in view of a final conformity assessment, unless the deficiencies cannot be remedied, in which case it shall not issue a certificate or approval decision. 4. Where, in the course of the monitoring of conformity following the issue of a certificate in accordance with the conformity assessment procedures provided for in a delegated act adopted pursuant to Article 4 or approval decision, a notified body finds that a product or the manufacturer does not comply or no longer complies, it shall require the manufacturer to take appropriate corrective measures and shall suspend or withdraw the certificate or approval decision if necessary. 5. Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw any certificates or approval decisions, as appropriate.

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61. 061 Article 61

    Article 61 Information obligation on notified bodies 1. Notified bodies shall inform the notifying authority of the following: (a) any refusal, restriction, suspension or withdrawal of a certificate; (b) any circumstances affecting the scope of and conditions for notification; (c) any request for information which they have received from market surveillance authorities regarding conformity assessment activities; (d) on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting. 2. Notified bodies shall provide the other bodies notified under this Regulation which carry out similar conformity assessment activities that cover the same product group with relevant information on issues relating to negative and, on request, positive conformity assessment results. 3. Where the Commission or a Member State’s market surveillance authority submits a request to a notified body established on the territory of another Member State relating to a conformity assessment carried out by that notified body, it shall send a copy of that request to the notifying authority of that other Member State. The notified body concerned shall respond without delay and within 15 days at the latest to the request. The notifying authority shall ensure that such requests are resolved by the notified body. 4. Where notified bodies have or receive evidence as to the following, they shall alert, and share that evidence with, the relevant market surveillance authority or notifying authority, as appropriate: (a) that another notified body does not comply with the requirements laid down in Article 52 or its obligations; (b) that a product placed on the market does not comply with ecodesign requirements set out in the applicable delegated acts adopted pursuant to Article 4; or (c) that a product placed on the market, due to its physical condition, is likely to cause a serious risk.

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62. 062 Article 62

    Article 62 Exchange of experience The Commission shall provide for the organisation of exchange of experience between the Member States' authorities responsible for notification policy.

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63. 063 Article 63

    Article 63 Coordination of notified bodies 1. The Commission shall ensure that appropriate coordination and cooperation between bodies notified under this Regulation are put in place and properly operated in the form of a group or groups of notified bodies, where appropriate including groups of bodies notified under the same delegated act adopted pursuant to Article 4 or in relation to similar conformity assessment tasks. Notified bodies shall participate in the work of any relevant group, directly or by means of designated representatives. 2. Notified bodies shall apply as general guidance any relevant documents produced as a result of the work of the groups referred to in paragraph 1. 3. The coordination and cooperation in the groups referred to in paragraph 1 of this Article shall be aimed at ensuring the harmonised application of this Regulation and of the delegated acts adopted pursuant to Article 4. In doing so, those groups shall take into account the relevant guidance and recommendations issued by the competent technical committees of the European standardisation bodies.

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64. 064 Article 64

    Article 64 Member State incentives 1. Where Member States provide incentives for products covered by a delegated act adopted pursuant to Article 4, those incentives shall be aimed at the highest two classes of performance that are populated at Union level or, where relevant, at products with an EU Ecolabel. 2. By way of derogation from paragraph 1 of this Article, where Member States provide incentives for energy-related products or tyres covered by a delegated act adopted pursuant to Article 4 which are also subject to energy or fuel efficiency labelling requirements, Article 7(2) of Regulation (EU) 2017/1369 and Article 11 of Regulation(EU) 2020/740 shall apply respectively.

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65. 065 Article 65

    Article 65 Green public procurement 1. Contracting authorities and contracting entities shall, in compliance with Directive 2014/24/EU or 2014/25/EU, award public contracts complying with the minimum requirements set out pursuant to paragraph 2 of this Article for the purchase of products covered by delegated acts adopted pursuant to Article 4, or for works or services where those products are used for activities constituting the subject matter of those contracts (‘minimum requirements’). 2. The minimum requirements shall be set where appropriate, in order to incentivise the supply of and demand for environmentally sustainable products covered by delegated acts adopted pursuant to Article 4, taking into account the value and volume of public contracts awarded for the relevant product groups and the economic feasibility for contracting authorities and contracting entities to buy more environmentally sustainable products without entailing disproportionate costs. 3. The Commission is empowered to set, by means of implementing acts, the minimum requirements in the form of technical specifications, award criteria, contract performance conditions or targets. The minimum requirements shall be set in relation to the product aspects addressed in the delegated act adopted pursuant to Article 4 applicable to the product groups in question, as relevant for those product groups. The minimum requirements shall be based on the two highest performance classes, the highest scores or, when not available, on the best possible performance levels as set out in the delegated act adopted pursuant to Article 4 applicable to the product groups in question. Award criteria shall, where appropriate, have a minimum weighting of between 15 % and 30 % in the awarding process which enables them to have a significant impact on the outcome of the tendering procedure and which favours the selection of the most environmentally sustainable products. Targets shall require, on an annual or multiannual basis, a minimum percentage of 50 % of procurement conducted at the level of contracting authorities or contracting entities, or at an aggregated national level, of the most environmentally sustainable products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(3).

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66. 066 Article 66

    Article 66 Planned market surveillance activities 1. Each Member State shall, in the national market surveillance strategy referred to in Article 13 of Regulation (EU) 2019/1020, provide a section on the market surveillance activities planned to ensure that appropriate checks, including, where appropriate, physical and laboratory checks, are performed on an adequate scale in relation to this Regulation and the delegated acts adopted pursuant to Article 4 of this Regulation. The section referred to in the first subparagraph shall at least include: (a) the products or requirements identified as priorities for market surveillance, taking into account the common priorities identified by the administrative cooperation group (‘ADCO’), set up pursuant to Article 30(2) of Regulation (EU) 2019/1020, in accordance with Article 68(1), point (a), and the reports pursuant to Article 67(2); (b) the market surveillance activities planned in order to reduce or bring non-compliance to an end for those products or requirements identified as priorities, including the nature of the checks to be performed during the period covered by the national market surveillance strategy. 2. The priorities for market surveillance referred to in paragraph 1, second subparagraph, point (a), shall be identified on the basis of objective criteria, including: (a) the levels of non-compliance observed in the market falling within the competence of the market surveillance authority; (b) the environmental impacts of non-compliance; (c) where available, the number of complaints received from end users or consumer organisations, or other information received from economic operators or the media; (d) the number of relevant products made available on the market falling within the competence of the market surveillance authority; and (e) the number of relevant economic operators active on the market falling within the competence of the market surveillance authority. 3. For product categories identified as representing a high risk of non-compliance, the checks referred to in paragraph 1 shall include, where appropriate, physical and laboratory checks based on adequate samples. Market surveillance authorities shall have the right to recover from the economic operator responsible the costs of document inspection and physical product testing in the event of non-compliance with delegated acts adopted pursuant to Article 4.

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67. 067 Article 67

    Article 67 Reporting and benchmarking 1. Market surveillance authorities shall enter into the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 information on the nature and severity of any penalty imposed in relation to non-compliance with this Regulation. 2. The Commission shall, every four years, draw up a report by 30 June based on the information entered by market surveillance authorities into the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. That report shall include: (a) information on the nature and number of checks performed by market surveillance authorities during the four preceding calendar years pursuant to Article 34(4) and (5) of Regulation (EU) 2019/1020; (b) information on the levels of non-compliance identified and on the nature and severity of penalties imposed for the four preceding calendar years in relation to products covered by delegated acts adopted pursuant to Article 4 of this Regulation; (c) a comparison of the information referred to in points (a) and (b) of this paragraph with the activities planned in the context of the section on the market surveillance activities drawn up pursuant to Article 66(1); (d) indicative benchmarks for market surveillance authorities in relation to the frequency of checks and the nature and severity of penalties imposed; (e) a list of priorities for market surveillance authorities in terms of products and requirements. 3. The Commission shall publish the report referred to in paragraph 2 of this Article in the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and shall make it public. The first of those reports shall be published by 19 July 2028.

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68. 068 Article 68

    Article 68 Market surveillance coordination and support 1. For the purposes of this Regulation, ADCO shall meet at regular intervals and, where necessary, at the reasoned request of the Commission or of two or more participating market surveillance authorities. In the context of performing its tasks set out in Article 32 of Regulation (EU) 2019/1020, ADCO shall support the implementation of the section on market surveillance activities drawn up pursuant to Article 66(1) and shall identify: (a) common priorities for market surveillance as referred to in Article 66(1), point (a), based on objective criteria as referred to in Article 66(2); (b) priorities for Union support pursuant to paragraph 2; (c) requirements set out in delegated acts adopted pursuant to Article 4 that are applied or interpreted differently and that should be priorities for the organisation of common training programmes or adoption of guidelines pursuant to paragraph 2 of this Article. 2. Based on priorities identified by ADCO, the Commission shall: (a) organise joint market surveillance and testing projects in areas of common interest; (b) organise joint investment in market surveillance capacities, including equipment and IT tools; (c) organise common training programmes for the staff of market surveillance authorities, customs authorities, notifying authorities and notified bodies, including programmes on the correct interpretation and application of requirements set out in delegated acts adopted pursuant to Article 4 and on methods and techniques relevant for applying or verifying compliance with such requirements; (d) draw up guidelines for the application and enforcement of requirements set out in delegated acts adopted pursuant to Article 4, including common practices and methodologies for effective market surveillance; (e) where appropriate, consult with stakeholders and experts. The Union shall, where appropriate, finance the actions referred to in the first subparagraph, points (a), (b) and (c). 3. The Commission shall provide technical and logistic support to ensure that ADCO fulfils its tasks set out in this Article and Article 32 of Regulation (EU) 2019/1020 where such tasks relate to this Regulation.

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69. 069 Article 69

    Article 69 Procedure for dealing with products presenting a risk at national level 1. Where the market surveillance authorities have sufficient reason to believe that a product covered by a delegated act adopted pursuant to Article 4 presents a risk, they shall carry out an evaluation covering all requirements relevant to the risk and laid down in this Regulation or in that delegated act. Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Regulation or in the applicable delegated act adopted pursuant to Article 4, they shall without delay require the relevant economic operator to take appropriate and proportionate corrective action, within a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where relevant, the degree of the non-compliance, to bring the non-compliance to an end. That corrective action may include, inter alia, the actions listed in Article 16(3) of Regulation (EU) 2019/1020. The market surveillance authorities shall inform the relevant notified body accordingly. 2. Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the corrective action which they have required the economic operator to take. 3. The relevant economic operator shall ensure that all appropriate corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union. 4. Where the relevant economic operator does not take corrective action within the period referred to in paragraph 1, second subparagraph, or the non-compliance persists, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the making available of the product concerned on their national market, to withdraw it from that market or to recall it. They shall inform the Commission and the other Member States, without delay, of those measures. 5. The information to be provided to the Commission and the other Member States in accordance with paragraph 4 of this Article shall be communicated through the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020 and shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the non-compliance alleged and the risk involved the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. The market surveillance authorities shall also indicate whether the non-compliance is due to either: (a) the failure of the product to meet requirements set out in the relevant delegated act adopted pursuant to Article 4 of this Regulation; or (b) shortcomings in the harmonised standards or common specifications referred to in Articles 41 and 42 of this Regulation conferring a presumption of conformity. 6. Member States other than the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the product concerned, and, in the event of disagreement with the notified national measure, of their objections. 7. Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. That provisional measure may specify a period other than three months in order to take account of the specificities of the products or requirements concerned. 8. Member States shall ensure that appropriate restrictive measures are taken in respect of the product concerned, such as withdrawal of the product from their market, without delay.

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70. 070 Article 70

    Article 70 Union safeguard procedure 1. Where, on completion of the procedure set out in Article 69(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union law, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of an implementing act whether the national measure is justified or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 73(3). The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators. 2. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant product is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure. 3. Where the national measure is considered justified and the non-compliance of the product is attributed to shortcomings in the harmonised standards referred to in Article 41 of this Regulation, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012. 4. Where the national measure is considered justified and the non-compliance of the product is attributed to shortcomings in the common specifications referred to in Article 42, the Commission shall, without delay, adopt implementing acts amending or repealing the common specifications concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(3).

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71. 071 Article 71

    Article 71 Formal non-compliance 1. Where a Member State makes one of the following findings, it shall require the relevant economic operator to bring the non-compliance concerned to an end: (a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 46 of this Regulation; (b) the CE marking has not been affixed; (c) the identification number of the notified body has been affixed in violation of Article 46 or has not been affixed where required; (d) the EU declaration of conformity has not been drawn up; (e) the EU declaration of conformity has not been drawn up correctly; (f) the technical documentation is not available, not complete or contains errors; (g) the information referred to in Article 27(6) or Article 29(3) is absent, false or incomplete; (h) any other administrative requirement provided for in Article 27 or Article 29 or in the applicable delegated act adopted pursuant to Article 4 is not fulfilled. 2. Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the market.

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72. 072 Article 72

    Article 72 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4, Article 10(1), second subparagraph, Article 11, third paragraph, Article 12(4) and Article 25(3) and (5) shall be conferred on the Commission for a period of five years from 18 July 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 4, Article 10(1), second subparagraph, Article 11, third paragraph, Article 12(4), and Article 25(3) and (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State acting in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 4, Article 10(1), second subparagraph, Article 11, third paragraph, Article 12(4), or Article 25(3) or (5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

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73. 073 Article 73

    Article 73 Committee procedure 1. The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

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74. 074 Article 74

    Article 74 Penalties 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it of any subsequent amendment affecting them. 2. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable: (a) the nature, gravity and duration of the infringement; (b) where appropriate, the intentional or negligent character of the infringement; (c) the financial situation of the natural or legal person held responsible; (d) the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined; (e) the environmental damage caused by the infringement; (f) any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused; (g) the repetitive or singular character of the infringement; (h) any other aggravating or mitigating factor applicable to the circumstances of the case. 3. Member States shall at least be able to impose the following penalties in the event of infringements of this Regulation: (a) fines; (b) time-limited exclusion from public procurement procedures.

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75. 075 Article 75

    Article 75 Monitoring and evaluation 1. Among the relevant preparatory documents for the update of the working plan in accordance with Article 18(3), the Commission shall compile a report on the ecodesign requirements with a view to monitoring the improvements of the environmental sustainability and circularity of the products covered by this Regulation. 2. By 19 July 2030, and every six years thereafter, the Commission shall carry out an evaluation of this Regulation and of its contribution to the functioning of the internal market, including as regards the reuse and refurbishing sector, the vehicles referred to in Article 1(2), point (h), and the obligations laid down in Chapter VI, in particular the exemptions for small and microenterprises, and to the improvement of the environmental sustainability of products. As part of that evaluation, the Commission shall assess the feasibility of including automatic adaptation of ecodesign requirements on the basis of improvement of product performance in the products that are being placed on the market. The Commission shall present a report on the main findings of its evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions, and make it publicly available. 3. Member States shall provide the Commission with the information necessary for the preparation of the reports referred to in paragraphs 1 and 2. 4. By 19 July 2028, the Commission shall evaluate the potential benefits of the inclusion of social sustainability requirements within the scope of this Regulation. The Commission shall present a report on the main findings of its evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions, and make it publicly available. 5. Where appropriate, the Commission shall accompany the reports referred to in paragraphs 2 and 4 with a legislative proposal for amendment of this Regulation.

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76. 076 Article 76

    Article 76 Consumer redress In the event of non-compliance of a product with ecodesign requirements set in the delegated acts adopted pursuant to Article 4, the following economic operators shall be liable for damage suffered by the consumer: (a) the manufacturer; or, (b) in the event that the manufacturer is not established in the Union, and without prejudice to its own liability, the importer or the authorised representative of the manufacturer; or, (c) in the event that the importer is not established in the Union or there is no authorised representative of the manufacturer, the fulfilment service provider. The liability of those economic operators for damage shall be without prejudice to the application of other remedies available to consumers under Union or national law.

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77. 077 Article 77

    Article 77 Amendment of Directive (EU) 2020/1828 Point (27) of Annex I to Directive (EU) 2020/1828 is replaced by the following: ‘(27) Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L, 2024/1781, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj)’.

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78. 078 Article 78

    Article 78 Amendment of Regulation (EU) 2023/1542 In Article 77 of Regulation (EU) 2023/1542, the following paragraph is added: ‘10. The economic operator placing the battery on the market or putting it into service shall upload the unique identifier in the registry referred to in Article 13(1) of Regulation (EU) 2024/1781 of the European Parliament and of the Council.

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79. 079 Article 79

    Article 79 Repeal and transitional provisions 1. Directive 2009/125/EC is repealed with effect from 18 July 2024, with the exception of: (a) Articles 1 and 2, Article 8(2), Articles 11, 14, 15, 18 and 19 of, and Annexes I, II, IV, V and VII to, Directive 2009/125/EC in the version applicable on 17 July 2024, which, instead of Articles 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 19 and 20 of, and Annexes I, II, III and IV to, this Regulation, shall continue to apply: (i) until 31 December 2026, as regards photovoltaic panels, space and combination heaters, water heaters, solid fuel local space heaters, air conditioners including air-to-air heat pumps and comfort fans, solid fuel boilers, air heating and cooling products, ventilation units, vacuum cleaners, cooking appliances, water pumps, industrial fans, circulators, external power supplies, computers, servers and data storage products, power transformers, professional refrigeration equipment and imaging equipment; (ii) until 31 December 2030, as regards products regulated by implementing measures that are adopted pursuant to Article 15 of Directive 2009/125/EC, however only insofar as amendments are necessary to address technical issues with regard to those implementing measures; (b) Article 1(3), Article 2, Article 3(1), Articles 4, 5 and 8, Article 9(3), Articles 10, 14 and 20 of, and Annexes IV, V and VI to, Directive 2009/125/EC in the version applicable on 17 July 2024, which, instead of Articles 1, 2, 27 and 29, Article 41(4), Article 43(2), Articles 44, 45 and 46 and Article 74 of, and Annexes IV and V to, this Regulation, shall continue to apply as regards products regulated by implementing measures that are adopted pursuant to Article 15 of that Directive until such measures are repealed or declared obsolete. Point (b) of this paragraph shall apply once the Commission has adopted implementing measures pursuant to Article 15 of Directive 2009/125/EC for the products referred to in points (a)(i) and (ii). 2. Articles 3 and 40 and Articles 66 to 71 of this Regulation shall apply to products regulated by implementing measures that are adopted pursuant to Article 15 of Directive 2009/125/EC. 3. References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII. 4. For products placed on the market or put into service in accordance with Directive 2009/125/EC before the date of application of a delegated act adopted pursuant to Article 4 of this Regulation covering the same products, the manufacturer shall, for a period of 10 years from the date when the last of those products was manufactured, make an electronic version of the documentation relating to the conformity assessment and the declaration of conformity available for inspection within 10 days of a request received from market surveillance authorities or the Commission.

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