Article 49 — Delegated powers

1. The Commission is empowered to adopt delegated acts in accordance with Article 50 to supplement this Regulation by determining the technical requirements related to the digital product passport for toys. Those requirements shall cover, in particular, the following: (a) one or more data carriers that are to be used; (b) the layout in which the data carrier is to be presented and its positioning; (c) the technical elements of the digital product passport for which defined European or international standards are to be used; (d) the actors that are to have access to data in the digital product passport and to what data they are to have access; (e) the actors that are to create a digital product passport or update the data in a digital product passport and what data they may introduce or update; and (f) the detailed arrangements for introducing or updating data referred to in point (e). When determining the access rights referred to in the first subparagraph, point (d), the Commission shall take into account the need to protect confidential business information and trade secrets in accordance with Directive (EU) 2016/943 of the European Parliament and of the Council, as well as the need to ensure that consumers can easily access the information that is relevant to them. The actors that update data in a digital product passport in accordance with the first subparagraph, point (e), shall be responsible for the accuracy of the data they provide, except where they act on behalf of the manufacturer. The date of application of delegated acts referred to in the first subparagraph shall not be earlier than 18 months from their entry into force, except in duly justified cases for the whole act or for some specific requirements, or except in cases of partial repeal or amendment of delegated acts, where an earlier date of application may be set. 2. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex VI as regards the data to be provided in the digital product passport, in order to adapt it to technical and scientific progress and to the level of digital readiness of market surveillance authorities and of users and their supervisors. 3. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Article 22(1) by setting out that the additional information among the information listed in Annex VI or that the information on the non-compliance of the toy when measures are taken in accordance with Article 45(2) or (4) is to be stored in the registry. When adopting the delegated acts referred to in the first subparagraph, the Commission shall take into account the following criteria: (a) consistency with other applicable Union acts, where relevant; (b) the need to allow for the verification of the authenticity of the digital product passport; (c) the relevance of the information for improving the efficiency and effectiveness of market surveillance checks and customs controls for toys; and (d) the need to avoid a disproportionate administrative burden for economic operators and national authorities, including customs authorities. 4. The Commission is empowered to adopt delegated acts in accordance with Article 50 of this Regulation to amend Annex VII to this Regulation in order to adapt the list of commodity codes and product descriptions to be used for the purposes of Article 23(6) of this Regulation. Those adaptations shall be based on the list set out in Annex I to Regulation (EEC) No 2658/87. 5. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Annex III in order to adapt it to technical and scientific progress. 6. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Part C of the Appendix to Annex II, while taking into account the conditions set out in Part III, point 10, of Annex II, in order to permit a certain presence in toys of a specific substance or mixture that is prohibited pursuant to Part III, point 4, 5 or 6, of Annex II, or to amend or withdraw the permission of the presence of a certain substance or mixture. The Commission shall justify any exemption granted and make this publicly available in an easily accessible and user-friendly manner. 7. The Commission is empowered to adopt delegated acts in accordance with Article 50 to amend Parts A, B and D of the Appendix to Annex II in order to adapt them to technical and scientific progress, by: (a) introducing conditions for the presence of substances or mixtures in toys and, in particular, limit values for specific substances or mixtures in toys, including limit values for the non-intended presence of prohibited substances or mixtures as referred to in Part III, point 7, of Annex II; or (b) modifying the conditions or limit values for the presence of substances and mixtures in toys. 8. The Commission shall request an opinion from the European Chemicals Agency (ECHA) pursuant to Article 52(7) on the safety of nitrosamines and nitrosatable substances in toys, in view of the overall exposure. The Commission shall evaluate the opinion and, where necessary, in view of that opinion, adopt delegated acts in accordance with Article 50 in order to adapt the limit values for those substances in toys listed in Part A of the Appendix to Annex II. 9. The Commission shall request an opinion from ECHA pursuant to Article 52(7) on the safety of lead, cadmium, mercury and chromium (VI) in toys, in view of the overall exposure. The Commission shall evaluate the opinion and, where necessary, in view of that opinion, adopt delegated acts in accordance with Article 50 in order to adapt the limit values for those substances in toys listed in Part A of the Appendix to Annex II. 10. For the purposes of paragraphs 6 and 7, the Commission shall systematically and regularly evaluate the occurrence of hazardous chemical substances or mixtures in toys. In those evaluations, the Commission shall take into account reports of market surveillance bodies and scientific evidence presented by Member States and stakeholders.