(a)
the potential for improving the product aspects without entailing disproportionate costs, taking into account in particular: the absence or insufficiency of Union law, or failure of market forces or of self-regulation measures to address the objective properly; and the disparity in the performance of products available on the market that have equivalent functionality in relation to the product aspects;
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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.