Common use of Market Coverage Clause in Contracts

Market Coverage. 13.3.1 The OEM Signatories will provide evidence, compiled by an independent party, to the European Commission in the following cases: a) when submitting a self-regulation measure or a revised version of an existing self- regulation measure, with the findings having been generated or updated within the previous six months; b) within three months of any change in the Signatories (e.g. after the withdrawal of a signatory or after a relevant division of a signatory has been sold off to a non- signatory), unless the most recent report shows that the market coverage will remain at least 80% following the change; and c) two years after sending the latest report, to update coverage following changes in the market. 13.3.2 The market share coverage will be assessed as follows: a) Market share data will be sourced from an independent third party with an established capability to provide data in this sector.13 b) Two figures for market share will be sourced for the reporting period concerned: i. T – the total number of Products Placed on the Market in the EU in scope of the Voluntary Agreement ii. V – the total number of Products Placed on the Market in the EU in scope of the Voluntary Agreement by the Signatories to the Voluntary Agreement alone. c) One figure will be published in the annual compliance report: S = V/T. d) S is the percentage market share represented by the Voluntary Agreement Signatories.

Market Coverage. 13.3.1 The OEM Signatories will provide evidence, compiled by an independent party, to the European Commission in the following cases: a) when submitting a self-regulation measure or a revised version of an existing self- regulation measure, with the findings having been generated or updated within the previous six months; b) within three months of any change in the Signatories (e.g. after the withdrawal of a signatory or after a relevant division of a signatory has been sold off to a non- signatory), unless the most recent report shows that the market coverage will remain at least 80% following the change; and c) two years after sending the latest report, to update coverage following changes in the market. 13.3.2 The market share coverage will be assessed as follows: a) Market share data will be sourced from an independent third party with an established capability to provide data in this sector.13sector.12 b) Two figures for market share will be sourced for the reporting period concerned: i. T – the total number of Products Placed on the Market in the EU in scope of the Voluntary Agreement ii. V – the total number of Products Placed on the Market in the EU in scope of the Voluntary Agreement by the Signatories to the Voluntary Agreement alone. c) One figure will be published in the annual compliance report: S = V/T.T. 12 This party shall be subject to veto by the European Commission provided that an acceptable alternative source can be agreed. d) S is the percentage market share represented by the Voluntary Agreement Signatories.