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annul the following parts of the contested act: (i) paragraph 3(2)(a) of Annex IX in the part where it states that ‘declared values’ correspond to those ‘values given in the technical documentation’; and (iii) paragraph 3(2)(b) of Annex IX;

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annul Table 8 on ‘Verification tolerances for measured parameters’ of Annex IX in the part where it contains parameters that are included in Annex VI and are not listed in Annex V, namely: ‘E16, E32’ and ‘Eaux’;

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order the Commission to bear the costs of these proceedings.

1.

First plea in law, alleging the contested act violates Articles 3, 12 and 16 of the Framework Regulation (2) and the Commission acted ultra vires by introducing inconsistent requirements as regards the technical documentation suppliers have to upload in the database and the verification procedure market surveillance authorities are entitled to carry out.

2.

Second plea in law, alleging the contested act infringes the principle of legal certainty and of equality of treatment because it fails to establish a clear and univocal regulatory framework putting the suppliers in the impossibility to determine their duties, as regards the data to be provided in the technical documentation; and the applicable verification procedure to assess the accuracy of the data.