### existing electronic toll systems which use technologies other than those listed in annex iv shall comply with those technologies if substantial technological improvements are carried out ### existing electronic toll systems which use technologies other than those listed in annex iv shall be compatible with those technologies if substantial technological improvements are carried out


### member states shall ensure that processing of personal data necessary for the operation of the eets is carried out in accordance with the union rules protecting the freedoms and fundamental rights of individuals , including their privacy , and that , in particular , the provisions of regulation 2016 / 679 , directive 2016 / 680 and of directive 2002 / 58 / ec are complied with . ### member states shall ensure that processing of personal data necessary for the operation of the eets is carried out in accordance with the union rules protecting the freedoms and fundamental rights of individuals , including their privacy , and that , in particular , the provisions of regulation 2016 / 679 , and of directive 2002 / 58 / ec are complied with . personal data processed under this directive shall not be further processed for other purposes and shall be deleted as soon as they are no longer necessary for the purpose for which they were processed .


### data relating to vehicles ; and ### data necessary to identify a specific vehicle ; and


### article 8 data protection the provisions of regulation 2016 / 679 and the national laws , regulations or administrative provisions transposing directive 2016 / 680 shall apply to personal data processed under this directive . 2 . member states shall ensure that personal data processed under this directive are , within an appropriate time period , rectified if inaccurate , or erased or restricted , and that a time limit for the storage of data is established in accordance with regulation 2016 / 679 and the national laws , regulations or administrative provisions transposing directive 2016 / 680 . member states shall ensure that all personal data processed under this directive are only used for the purpose of facilitating the cross - border exchange of information on failures to pay road fees , and that the data subjects have the same rights to information , access , rectification , erasure and blocking , compensation and judicial redress as provided for in regulation 2016 / 679 and the national laws , regulations or administrative provisions transposing directive 2016 / 680 . 3 . any person concerned shall have the right to obtain information on which personal data recorded in the member state of registration were transmitted to the member state in which there was a failure to pay a road fee , including the date of the request and the competent authority of the member state in whose territory there was a failure to pay a road fee . ### article 8 data protection regulation 2016 / 679 and directive 2002 / 58 / ec shall apply to personal data processed under this directive . directive 2016 / 680 shall only apply to personal data processed under this directive when the failure to pay a road fee is a criminal offence in the member state where the payment is due . 2 . member states shall ensure that the processing of personal data for the purposes of article 5 is limited to the types of data listed in annex ii . member states shall also ensure that data subjects have the right to update , rectify or erase personal data processed without undue delay if inaccurate . member states shall establish a time limit for the storage of personal data in accordance with regulation 2016 / 679 and , where applicable , directive 2016 / 680 . ) member states shall ensure that personal data processed under this directive are processed for the sole purpose of facilitating the cross - border exchange of information on failures to pay road fees and shall not be further processed for any other purpose . member states shall also ensure that the data subjects have the same rights of information , access , rectification , erasure and restriction of processing , to lodge a complaint with a data protection supervisory authority , compensation and an effective judicial remedy as provided for in regulation 2016 / 679 and , where applicable , directive 2016 / 680 . member states shall ensure that access to personal data is only granted to the designated competent authorities for the exchange of vehicle registration . 3 . any person concerned shall have the right to obtain , without undue delay , information on which personal data recorded in the member state of registration were transmitted to the member state in which there was a failure to pay a road fee , including the date of the request and the competent authority of the member state in whose territory there was a failure to pay a road fee .


### the commission shall , by [ 5 years after the entry into force of this directive ] , submit a report to the european parliament and to the council on the application of articles 6 and 7 of this directive by the member states . in its report , the commission shall focus in particular on , and shall , as appropriate , make proposals to cover , the following aspects : ### by [ 4 years after the entry into force of this directive ] , the commission shall present a report to the european parliament and to the council on the implementation and effects of this directive , in particular as regards the advancement and deployment of the eets and the effectiveness and efficiency of the mechanism for the exchange of data in the framework of the investigation of events of failure to pay road fees . the report shall analyse in particular the following : the effect of the provisions of article 4b on the deployment of eets , with a particular focus on the availability of the service in small or peripheral eets domains ; the effectiveness of articles 6 and 7 on the reduction in the number of failures to pay road fees in the union . 2 . the report shall be accompanied , if appropriate , by a proposal to the european parliament and the council for further revision of this directive , regarding notably the following elements : additional measures to ensure that the eets is available in all eets domains , including small and peripheral ones ; a mechanism of assistance by the member state of registration to the member state in whose territory there was a failure to pay a road fee in the recovery of road fees , to further facilitate the cross - border enforcement of the payment of road fees in the union .


### the disparities between the laws and administrative measures adopted by the member states in relation to accessibility of products and services for persons with functional limitations including persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market . economic operators , in particular small and medium - sized enterprises , are particularly affected by those barriers . ### the disparities between the laws and administrative measures adopted by the member states in relation to the accessibility of some products and services for persons with functional limitations , including persons with disabilities , create barriers to their free movement and distort effective competition in the internal market . for other products , disparities are likely to increase due to the entry into force of the united nations convention on the rights of persons with disabilities . economic operators , in particular small and medium - sized enterprises , are particularly affected by those barriers .


### each product and service has to comply with the accessibility requirements identified in article 3 and listed in annex i to be accessible for persons with disabilities and older persons . the e - commerce accessibility obligations also apply to the online sale of services under article 1 to of this directive . ### each product and service falling within the scope of this directive should comply with the accessibility requirements set out in article 3 and listed in annex i to be accessible for persons with disabilities . the online marketplaces accessibility obligations should also apply to the online sale of services under points to of article 1 .


### it is necessary to provide that , for legislative acts of the union establishing accessibility obligations without providing accessibility requirements or specifications , accessibility is defined by reference to the accessibility requirements of this directive . that is the case of directive 2014 / 23 / eu of the european parliament and of the council , 35 directive 2014 / 24 / eu of the european parliament and of the council , 36 and directive 2014 / 25 / eu of the european parliament and of the council , 37 which require that technical specifications and technical or functional requirements of the concessions , works or services falling within their scope take into account accessibility criteria for persons with disabilities or ' design for all ' users . __________________ 35 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 36 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . ### it is necessary to provide that , for legislative acts of the union establishing accessibility obligations without providing accessibility requirements or specifications , accessibility is defined by reference to the accessibility requirements of this directive . those acts include directive 2014 / 23 / eu of the european parliament and of the council35 , directive 2014 / 24 / eu of the european parliament and of the council36 , and directive 2014 / 25 / eu of the european parliament and of the council37 , which require that technical specifications and technical or functional requirements of the concessions , works or services falling within their scope take into account accessibility criteria for persons with disabilities or ' design for all ' users . this directive should not , however , change the compulsory or voluntary nature of the provisions in those other union acts . this directive should thus ensure that , when accessibility requirements are used in accordance with those other acts , those requirements are the same across the union . __________________ 35 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 36 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . 37 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec .


### accessibility should be achieved by the removal and prevention of barriers , preferably through a universal design or ' design for all ' approach . accessibility should not exclude the provision of reasonable accommodation when requested by national or union law . ### accessibility should be achieved by the removal and prevention of barriers , preferably through a universal design or ' design for all ' approach . according to the convention , this approach ' means the design of products , environments , programmes and services to be usable by all people , to the greatest extent possible , without the need for adaptation or specialized design ' . in line with the convention , ' universal design ' [ should ] not exclude assistive devices for particular groups of persons with disabilities where this is needed ' . accessibility should not exclude the provision of reasonable accommodation when required by national or union law .


### this directive should be based on decision no 768 / 2008 / ec of the european parliament and of the council38 as it concerns products already subject to other union acts , this way ensuring the consistency of union legislation . __________________ 38 decision no 768 / 2008 / ec of the european parliament and of the council of 9 july 2008 on a common framework for the marketing of products . ### this directive should be based on decision no 768 / 2008 / ec of the european parliament and of the council38 as it concerns products already subject to other union acts , this way ensuring the consistency of union legislation . however , safety - related provisions of that decision , such as those relating to recalls , should not form part of this directive , as a non - accessible product is not a dangerous product . __________________ 38 decision no 768 / 2008 / ec of the european parliament and of the council of 9 july 2008 on a common framework for the marketing of products .


### in the absence of harmonised standards and where needed for market harmonisation purposes , the commission should be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this directive . ### in the absence of harmonised standards and where needed for market harmonisation purposes , the commission should be able adopt implementing acts establishing technical specifications for the accessibility requirements set in this directive . however , that power of the commission to adopt technical specifications which entail a presumption of conformity with this directive should be strictly limited , given that the exercise of that power will not follow the founding principles of standardisation .


### &#8220 ; accessible products and services&#8221 ; are products and services that are perceptible , operable and understandable for persons with functional limitations , including persons with disabilities , on an equal basis with others ; ### &#8220 ; accessible products and services&#8221 ; means products and services that are perceivable , operable , understandable and robust for persons with disabilities ;


### member states shall not impede the making available on the market in their territory of products and services that comply with this directive for reasons related to accessibility requirements . ### member states shall not impede the making available on the market in their territory of products that comply with this directive for reasons related to accessibility requirements . member states shall not impede the provision of services in their territory that comply with this directive for reasons related to accessibility requirements .


### co - operate with the competent national authorities , at their request , on any action taken to eliminate the risks posed by products covered by their mandate . ### co - operate with the competent national authorities , at their request , on any action taken to ensure compliance of products covered by their mandate with the requirements referred to in article 3 .


### distributors shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have made available on the market . ### distributors shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product . they shall cooperate with that authority , at its request , on any action taken to ensure compliance of products which they have made available on the market with the requirements referred to in article 3 .


### common technical specifications ### technical specifications


### products and services which are in conformity with the cts referred to in paragraph 1 or parts thereof shall be deemed to be in conformity with the accessibility requirements referred to in article 3 , covered by those cts or parts thereof . ### products and services which are in conformity with the technical specifications referred to in paragraph 1 or parts thereof shall be deemed to be in conformity with the accessibility requirements referred to in article 3 , covered by those technical specifications or parts thereof .


### where a product is subject to more than one union act requiring an eu declaration of conformity , a single eu declaration of conformity shall be drawn up in respect of all such union acts . that declaration shall contain the identification of the acts concerned including the publication references . ### where a product is subject to more than one union act requiring an eu declaration of conformity , the eu declaration of conformity shall be drawn up in respect of all such union acts . that declaration shall contain the identification of the acts concerned including the publication references .


### 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 directive , they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product into compliance with those requirements , to withdraw the product from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as they may prescribe . ### 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 directive , they shall without delay require the relevant economic operator to take all such appropriate corrective action to bring the product into compliance with those requirements or to withdraw the product from the market , commensurate with the nature of the non - compliance , as they may prescribe .


### where a competent authority has used the exception provided for in paragraphs 1 , 2 and 3 for a specific product or service it shall notify the commission thereof . the notification shall include the assessment referred to in paragraph 2 . ### where a competent authority has used the exception provided for in paragraphs 1 , 2 and 3 for a specific product or service , it shall , further to a request from the commission , provide the assessment referred to in paragraph 3 .


### implementing powers and final provisions ### delegated acts , implementing powers and final provisions


### penalties shall take into account the extent of the non - compliance , including the number of units of non - complying products or services concerned , as well as the number of people affected . ### penalties shall take into account the extent of the non - compliance , including its seriousness , and the number of units of non - complying products or services concerned , as well as the number of people affected .


### the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : ### the design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities and those with age - related impairments shall be achieved by meeting the functional performance requirements set out in point c . the design and production of products shall include :


### the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : ### the design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities and those with age - related impairments shall be achieved by meeting the functional performance requirements set out in paragraph 1a , and shall include :


### the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : ### the design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities and those with age - related impairments shall be achieved by meeting the functional performance requirements set out in point ba , and shall include :


### the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : ### the design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities and those with age - related impairments shall be achieved by meeting the functional performance requirements set out in point da , and shall include :


### the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : ### the design and production of products in order to maximise their foreseeable use by persons with disabilities and those with age - related impairments shall be achieved by meeting the functional performance requirements set out in part aa , and shall include :


### the user interface of the product in accordance with point 2 ; ### the user interface of the product ;


### the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; ### the functionality of the product by providing functions aimed to address the needs of persons with disabilities ;


### the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and instructions shall provide alternatives to non - text content ; ### the product instructions for use , installation and maintenance , storage and disposal of the product ;


### the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : the content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and the instructions shall provide alternatives to non - text content ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### the information on the use of the product provided on the product itself ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product ; the user interface of the product ; the functionality of the product by providing functions aimed to address the needs of persons with disabilities ; the interfacing of the product with assistive devices .


### the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### the information on the use of the product provided on the product itself ; the user interface of the product ; the functionality of the product ; the interfacing of the product with assistive devices .


### the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### the information on the use of the product provided on the product itself ; the user interface of the product ; the functionality of the product by providing functions aimed to address the needs of persons with disabilities ; the interfacing of the product with assistive devices .


### the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and instructions shall provide alternatives to non - text content ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### the information on the use of the product provided on the product itself ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product ; the user interface of the product ; the functionality of the product by providing functions aimed to address the needs of persons with disabilities ; the interfacing of the product with assistive devices .


### the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and instructions shall provide alternatives to non - text content ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### the information on the use of the product provided on the product itself ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product ; the user interface of the product ; the functionality of the product ; by providing functions aimed to address the needs of persons with disabilities ; the interfacing of the product with assistive devices .


### the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and instructions shall provide alternatives to non - text content ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### the information on the use of the product provided on the product itself ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product ; the user interface of the product ; the functionality of the product ; the interfacing of the product with assistive devices .


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : ### the provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in part aa , and shall include :


### providing accessible information to facilitate complementarities with assistive services ; ### information to facilitate complementarities with assistive services ;


### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations . ### functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities .


### providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : the information content shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways by the users and via more than one sensory channel , alternatives to non - text content shall be provided ; the electronic information , including the online related applications needed in the provision of the service shall be provided in accordance with point . ### information about the functioning of the service and about its accessibility characteristics and facilities ;


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : ensuring the accessibility of the products they use in the provision of the service , in accordance with the rules laid down in point d ; providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel , alternatives to non - text content shall be provided ; the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; providing accessible information to facilitate complementarities with assistive services ; including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations . ### the provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in point ba , and shall include : the products the service providers use in the provision of the service concerned , in accordance with the rules laid down in point b ; information about the functioning of the service and about its accessibility characteristics and facilities ; the electronic information , including the related websites and online applications and the e - book device , needed in the provision of the service ; providing accessible information to facilitate complementarities with assistive services ; functions , practices , policies , procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities .


### making accessible the built environment where the service is provided , including transport infrastructure , in accordance with part c , without prejudice to national and union legislation for the protection of national treasures possessing artistic , historic or archaeological value ; ### the built environment where the service is provided , including transport infrastructure , in accordance with part c , without prejudice to national and union legislation for the protection of national treasures possessing artistic , historic or archaeological value ;


### making facilities accessible , including vehicles , crafts and equipment needed for the delivery of the service as follows : ### facilities , including vehicles , crafts and equipment needed for the delivery of the service as follows :


### making websites accessible in a consistent and adequate way for users ' perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites and mobile based services , including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users ' perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel , alternatives to non - text content shall be provided ; the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations . ### the provision of services in order to maximise their reasonably foreseeable use by persons with disabilities shall be achieved by meeting the functional performance requirements set out in point da , and shall include : information about the functioning of the service concerned and about its accessibility characteristics and facilities ; electronic information , including the related websites and online applications needed in the provision of the service ; functions , practices , policies , procedures and alterations in the operation of the service targeted to address the needs of persons with disabilities ; mobile device - based services , smart ticketing and real - time information .


### proposal for a directive of the european parliament and of the council on the use of passenger name record data for the prevention , detection , investigation and prosecution of terrorist offences and serious crime ### proposal for a regulation of the european parliament and of the council on the use of passenger name record data for the prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime


### pnr data enable law enforcement authorities to identify persons who were previously ‘ unknown’ , i . e . persons previously unsuspected of involvement in serious crime and terrorism , but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities . by using pnr data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data . however , in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible , the aspects of the use of pnr data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature , i . e . are intrinsically linked to travelling and hence the type of the data being processed . ### pnr data enable law enforcement authorities to identify persons who were previously ‘ unknown’ , i . e . persons previously unsuspected of involvement in serious transnational crime and terrorism , but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities . pnr data may help law enforcement authorities address the threat of serious transnational crime and terrorism from a different perspective than through the processing of other categories of personal data .


### air carriers already collect and process pnr data from their passengers for their own commercial purposes . this directive should not impose any obligation on air carriers to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers . ### air carriers , travel agents , and other entities that collect pnr data , already collect and process pnr data from their passengers for their own commercial purposes . this directive should not impose any obligation on air carriers , travel agents or other entities that collect pnr data , to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious transnational crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data , by applying high standards in line with the charter of fundamental rights , convention 108 , and the european convention for human rights . such lists should not contain any personal data that could reveal a person ' s sex , race , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , health or sexual orientation . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security .


### the period during which pnr data are to be retained should be proportionate to the purposes of the prevention , detection , investigation and prosecution of terrorist offences and serious crime . because of the nature of the data and their uses , it is necessary that the pnr data are retained for a sufficiently long period for carrying out analysis and for use in investigations . in order to avoid disproportionate use , it is necessary that , after an initial period , the data are anonymised and only accessible under very strict and limited conditions . ### the period during which pnr data are to be retained should be necessary and proportionate to the purposes of the prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime . in order to avoid disproportionate use , it is necessary that the data are masked - out immediately , and only accessible under very strict and limited conditions .


### taking into account the right of passengers to be informed of the processing of their personal data , member states should ensure they are provided with accurate information about the collection of pnr data and their transfer to the passenger information unit . ### taking into account the right of passengers to be informed of the processing of their personal data , member states should ensure they are provided with accurate and complete information about the collection of pnr data and their transfer to the passenger information unit .


### the pnr data collected in accordance with this directive may be processed only for the following purposes : the prevention , detection , investigation and prosecution of terrorist offences and serious crime according to article 4 and ; and the prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime according to article 4 and . ### the pnr data collected in accordance with this directive on international flights may be processed only for the prevention , detection , investigation , and prosecution of terrorist offences and serious transnational crimes according to article 4 . the pnr data shall not be used for other purposes . deleted deleted


### responding , on a case - by - case basis , to duly reasoned requests from competent authorities to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious crime , and to provide the competent authorities with the results of such processing ; and ### making available , on a hit / no hit basis , to member state competent authorities , pnr data and pnr related information in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious transnational crime , and to provide the competent authorities with the results of such processing ; and


### the passenger information unit of a member state shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with points and of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis . ### the passenger information unit of a member state shall transfer the results of the processing of pnr data of the persons identified in accordance with points and of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis .


### each member state shall adopt a list of the competent authorities entitled to request or receive pnr data or the result of the processing of pnr data from the passenger information units in order to examine that information further or take appropriate action for the purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious crime . ### each member state shall adopt a list of the competent authorities entitled to request or receive the result of the processing of pnr data from the passenger information units on a case - by - case basis in order to take appropriate action for the purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious transnational crime .


### the pnr data of passengers and the result of the processing of pnr data received by the passenger information unit may be further processed by the competent authorities of the member states only for the purpose of preventing , detecting , investigating or prosecuting terrorist offences or serious crime . ### the result of the processing of pnr data received by the passenger information unit may be further processed by the competent authorities of the member states only for the purpose of preventing , detecting , investigating or prosecuting terrorist offences or serious transnational crime .


### exchange of information between member states ### exchange of information


### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . ### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 , the result of the processing of pnr data is proactively , and automatically , transmitted by that passenger information unit to the passenger information units of other member states without delay .


### exchange of information under this article may take place using any existing channels for international law enforcement cooperation . the language used for the request and the exchange of information shall be the one applicable to the channel used . member states shall , when making their notifications in accordance with article 3 , also inform the commission with details of the contacts to which requests may be sent in cases of urgency . the commission shall communicate to the member states the notifications received . ### the exchange of information under this article must take place using a secure european system for the exchange of pnr data between member states and between member states and europol . the development and operational management of this system shall be the responsibility of the european agency for the operational management of large - scale it systems . a one - stop shop shall be created as part of this system to register and transmit the requests for information exchanges . the european data protection supervisor shall be responsible for monitoring the processing of the personal data performed through this european system for the exchange of pnr data .


### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : ### a member state may transfer the results of the processing of pnr data to a third country , only on a case - by - case basis and if :


### each member state shall provide that the provisions adopted under national law in implementation of articles 21 and 22 of the council framework decision 2008 / 977 / jha regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this directive ### each member state shall provide that the provisions adopted under national law in implementation of the directive of the european parliament and of the council of xx / xx / 201x on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the free movement of such data , regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this directive .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the necessity and proportionality of the collection and processing of pnr data for each of the stated purposes , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 and the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination . ### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious transnational crime according to article 4 , the number of false positives , the number of subsequent law enforcement actions , including arrests , convictions and declarations of innocence , that were taken involving the use of pnr data per air carrier and destination .


### when placing ppe on the market , importers should indicate on the product their name and the address at which they can be contacted . exceptions should be provided for in cases where the size or nature of the ppe does not allow for such an indication . this includes cases where the importer would have to open the packaging to put his name and address on the product . ### when placing ppe on the market , importers should indicate on the product their name and the address at which they can be contacted as well as indications of webpages on which the end - user of the ppe can access additional information on how to correctly use the ppe . exceptions should be provided for in cases where the size or nature of the ppe does not allow for such an indication . this includes cases where the importer would have to open the packaging to put his name and address on the product .


### any economic operator that either places ppe on the market under its own name or trademark or modifies a product in such a way that compliance with the requirements of this regulation may be affected should be considered to be the manufacturer and should assume the obligations of the manufacturer . ### any economic operator that either places ppe on the market under its own name or trademark or modifies a product in such a way that compliance with the requirements of this regulation may be affected is considered to be the manufacturer and should assume the obligations of the manufacturer .


### distributors and importers , being close to the market place , should be involved in market surveillance tasks carried out by competent national authorities , and should be prepared to participate actively , providing those authorities with all necessary information relating to the ppe concerned . ### distributors and importers , being close to the market place , should be involved in market surveillance tasks carried out by competent national authorities , and must be prepared to participate actively , providing those authorities with all necessary information relating to the ppe concerned .


### in order to take into account the progress of technical knowledge and new scientific evidence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend the list of ppe included in each category . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to take into account the progress of technical knowledge and new scientific evidence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend the list of ppe included in each category . it is of particular importance that the commission carries out appropriate consultations and assesses the impact of its proposals during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### member states should lay down rules on penalties applicable to infringements of the provisions of this regulation and ensure that they are implemented . those penalties should be effective , proportionate and dissuasive . ### member states should lay down rules on guidance , control and penalties applicable to infringements of the provisions of this regulation and ensure that they are implemented bearing in mind that guidance is the best tool to avoid unintended mistakes by employers , manufacturers of ppe and end - users . those penalties should be effective , proportionate and dissuasive .


### member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ 3 months prior to the date of application of this regulation ] at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down the rules on guidance , control and penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . to avoid inaccurate use of the ppe and unintended flaws , member states shall provide guidance on how to meet the requirements of this regulation . member states shall first and foremost provide the necessary guidance on how to meet the requirements of this regulation . if , however , after receiving the necessary guidance the requirements are still not met , penalties shall be the next step . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ 3 months prior to the date of application of this regulation ] at the latest and shall notify it without delay of any subsequent amendment affecting them .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . ### data and information reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of reported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when reporting on the achievement of the targets set out in these directives , member states shall use the common methodology developed by the commission in cooperation with the national statistical offices of member states and the national authorities responsible for waste management .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by establishing a harmonised methodology for data collection and processing and by introducing a single entry point for all waste data , which should be eurostat , and by deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report , which should be based on a harmonised format . reliable reporting of comparable statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the implementation reports under this directive , member states should use the most recent methodology developed by the commission and the national statistical offices of the member states .


### “5 . for the purposes of environmental protection , member states may set up minimum quality standards for the treatment of the weee that has been collected . ### in article 8 paragraph 5 , subparagraph 1 is replaced by the following : “5 . for the purposes of environmental protection , member states shall set up minimum quality standards for the treatment of weee that has been collected . ”


### for the purposes of environmental protection , member states may set up minimum quality standards for the treatment of the weee that has been collected . ### in article 8 , the first subparagraph is replaced by the following : ‘ for the purposes of environmental protection , member states shall set up minimum quality standards for the treatment of the weee that has been collected . they shall publish these standards . ’ ;


### ' in order to ensure uniform conditions for the implementation of this article , the commission may adopt implementing acts laying down minimum quality standards based in particular on the standards developed by the european standardisation organisations . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21 . ' ### in article 8 paragraph 5 , subparagraph 4 is replaced by the following : “in order to ensure uniform conditions for the implementation of this article , and in line with the mandate in directive 2012 / 19 / eu , the commission shall adopt implementing acts laying down minimum quality standards . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21 . ”


### in order to ensure uniform conditions for the implementation of this article , the commission may adopt implementing acts laying down minimum quality standards based in particular on the standards developed by the european standardisation organisations . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21 . ### in article 8 , the fourth subparagraph is replaced by the following : ‘ in order to ensure uniform conditions for the implementation of this article , the commission shall adopt implementing acts laying down minimum quality standards based in particular on the en 50625 series of standards developed by the european standardisation organisations in response to the mandate laid down in directive 2012 / 19 / eu . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21 . ’ ;


### a zero - emission heavy - duty vehicle shall be counted as 2 vehicles ; ### a zero - emission heavy - duty vehicle shall be counted multiple times depending on its range : with a range of less than 100 km it shall be counted as 2 vehicles , with a range of more than 100 km , 200 km or 400 km it shall be counted as 3 , 4 or 5 vehicles respectively ;


### a low - emission heavy - duty vehicle shall be counted as up to 2 vehicles according to a function of its specific co2 emissions and the threshold emission level of 350 g co2 / km . ### a low - emission heavy - duty vehicle shall be counted as up to 2 vehicles according to a function of its specific co2emissions and the threshold emission level of 40 % below the reference value which derives from the 2019 baseline for each vehicle sub - group .


### the zero - and low - emission factor shall reduce the average specific emissions of a manufacturer by a maximum of 3% . the contribution of zero - emission heavy - duty vehicles of the categories referred to in the second sub - paragraph of article 2 to that factor shall reduce the average specific emissions of a manufacturer by a maximum of 1 . 5% . ### the zero - and low - emission factor shall reduce the average specific emissions of a manufacturer by a maximum of 3% . the contribution of zero and low - emission heavy - duty vehicles from the long - haul category , of over 400km range , shall be exempt from the cap .


### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu ### by 31 december 2022 , the commission shall submit a report to the european parliament and the council on the effectiveness of this regulation , the co2 reduction target to be determined for 2030 pursuant to article 1 and the setting of co2 reduction targets to other types of heavy - duty vehicles including trailers . that report shall also include an assessment of the effectiveness of the modalities addressing , in particular , zero - and low - emission vehicles , notably buses taking into account the targets set out in directive 2009 / 33 / ec30 , and the co2 credit system and the appropriateness of prolonging the application of those modalities in 2030 and beyond and , where appropriate , be accompanied by a proposal for amending this regulation . for this report , the commission shall assess all the major parameters influencing the ramp - up of alternative powertrains , by considering the following indicators : · expansion of the charging infrastructure · range of vehicles on offer · oil and fuel prices · levels of subsidies and non - monetary incentives · level of public procurement , etc . depending on the outcome of the report , the commission shall propose appropriate change in the ambition level . _________________ 30 clean vehicle directive 2009 / 33 / ec as amended by directive … / … / eu


### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions . ### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited and fragmented use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions .


### to ensure that it fully achieves its objectives , the agency should liaise with relevant institutions , agencies and bodies , including cert - eu , european cybercrime centre at europol , european defence agency , european agency for the operational management of large - scale it systems , european aviation safety agency and any other eu agency that is involved in cybersecurity . it should also liaise with authorities dealing with data protection in order to exchange know - how and best practices and provide advice on cybersecurity aspects that might have an impact on their work . representatives of national and union law enforcement and data protection authorities should be eligible to be represented in the agency’s permanent stakeholders group . in liaising with law enforcement bodies regarding network and information security aspects that might have an impact on their work , the agency should respect existing channels of information and established networks . ### to ensure that it fully achieves its objectives , the agency should liaise with relevant institutions , agencies and bodies , including cert - eu , european cybercrime centre at europol , european defence agency , european agency for the operational management of large - scale it systems , european aviation safety agency and any other eu agency that is involved in cybersecurity . it should also liaise with european and national authorities dealing with data protection in order to exchange know - how and best practices and provide advice on cybersecurity aspects that might have an impact on their work . representatives of national and union law enforcement and data protection authorities should be eligible to be represented in the agency’s permanent stakeholders group . in liaising with law enforcement bodies regarding network and information security aspects that might have an impact on their work , the agency should respect existing channels of information and established networks .


### in view of the above , it is necessary to establish a european cybersecurity certification framework laying down the main horizontal requirements for european cybersecurity certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard . ### in view of the above , it is necessary to establish a harmonised european cybersecurity certification framework laying down the main horizontal requirements for european cybersecurity certification schemes to be developed and allowing certificates for ict products and services to be recognised and used in all member states . the european framework should have a twofold purpose : on the one hand , it should help increase trust in ict products and services that have been certified according to such schemes . on the other hand , it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market . the schemes should be non - discriminatory and based on international and / or union standards , unless those standards are ineffective or inappropriate to fulfil the eu’s legitimate objectives in that regard .


### the agency shall increase cybersecurity capabilities at union level in order to complement the action of member states in preventing and responding to cyber threats , notably in the event of cross - border incidents . ### the agency shall increase cybersecurity capabilities at union level in order to complement and support the action of member states in preventing and responding to cyber threats , notably in the event of cross - border incidents .


### raise awareness of the public about cybersecurity risks , and provide guidance on good practices for individual users aimed at citizens and organisations ; ### raise awareness of the public about cybersecurity risks , disseminate adequate measures for prevention of incidents , and provide guidance on good practices for individual users aimed at citizens and organisations ;


### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market in the union enshrined in the treaty on the functioning of the european union . the implementation of those principles is further developed by the union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers . ### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market in the union enshrined in the treaty on the functioning of the european union . the implementation and enforcement of those principles are further developed by the union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers and ensuring freedom of labour mobility in the internal market .


### almost twenty years after its adoption , it is necessary to assess whether the posting of workers directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers . ### almost twenty years after its adoption , it is necessary to assess whether the posting of workers directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers properly . therefore , new and stronger instruments are needed to promote fair competition between eu companies , facilitate the cross - border provision of services and fight fraud and abuses in this area in line with the implementation of directive 2014 / 67 / eu . it is also necessary to create a european information portal in all languages of the member states to explain the relevant legislation , national differences and further action to be taken by placement services , possible beneficiaries and workers .


### the principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in eu law since the founding treaties . the principle of equal pay has been implemented through secondary law not only between women and men , but also between employees with fix term contracts and comparable permanent workers , between part - time and full - time workers or between temporary agency workers and comparable workers of the user undertaking . ### the principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in eu law since the founding treaties and the eu encourages compliance with these principles , ensuring their implementation in all member states . the principle of equal pay has been implemented through secondary law not only between women and men , but also between employees with fix term contracts and comparable permanent workers , between part - time and full - time workers or between temporary agency workers and comparable workers of the user undertaking . while applying these principles the related case - law of the court of justice of the european union on the interpretation of the treaties must be taken into consideration .


### the rome i regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country . ### the rome i regulation provides that the country where the work is habitually carried out shall not be deemed to have changed if he is temporarily employed in another country . it does not specify or define the term ' temporarily employed ' . it is therefore essential that for posted workers who are , by definition , carrying out work in another member state for a limited period of time , a specific provision is introduced in this directive in order to provide for a period after which the country of service provision is deemed to become the habitual place of employment . it should be specified that this specific provision is non - discriminatory , transparent , proportionate and without prejudice to any terms and conditions of employment that are more favourable to the worker .


### it is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in the public interest and must be proportionate and necessary . ### this proposal , given that it introduces a limitation on the posting period , could be perceived as a restriction on the freedom to provide services laid down in article 56 tfeu . it is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in the public interest and must be proportionate and necessary . the overriding reasons relating to the public interest which have been acknowledged by the court include the protection of workers and in particular the social protection of workers in the construction industry . in view of its aim of protecting workers’ rights and its temporary and rebuttable nature , the limitation complies in full with the aforementioned conditions and is not contrary to the principle of the freedom to provide services .


### it is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons in the public interest and must be proportionate and necessary . ### article 56 tfeu requires the abolition of any restriction on the freedom to provide services , even if that restriction applies without distinction to national service providers and to those of other member states , which is liable to prohibit , impede and render less attractive the activities of a service provider established in another member state where it lawfully provides similar services . it is settled case law that restrictions to the freedom to provide services are only admissible if justified by overriding reasons related to the public interest and must be appropriate , proportionate and necessary .


### in a competitive internal market , service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency , or the quality and innovation of their goods and services . ### in a competitive internal market , service providers compete not only on the basis of costs but also on factors such as supply of skills , productivity and efficiency , and wages are always based on a series of parameters , including experience , profile , level of responsibilities , labour market conditions or on the quality and innovation of their goods and services .


### it is within member states ' competence to set rules on remuneration in accordance with their law and practice . however , national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross - border provision of services . ### it is within the exclusive competence of member states to set rules on remuneration in accordance with national law and practice .


### the elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers . it is therefore justified to impose on member states the obligation to publish the constituent elements of remuneration on the single website provided for by article 5 of the enforcement directive . ### the elements of remuneration should be clear , up to date and transparent to all service providers . within the meaning of this directive , these elements include notably and where applicable , minimum rates of pay , all the bonuses and allowances which are mandatory under the national law , regulation , administrative provision and / or universally applicable collective agreements and arbitration awards . it is therefore justified to impose on member states the obligation to publish the constituent elements of remuneration on the single website provided for by article 5 of the enforcement directive .


### directive 2008 / 104 / ec of the european parliament and of the council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job . this principle should also apply to temporary agency workers posted to another member state . ### directive 2008 / 104 / ec of the european parliament and of the council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the same job . it should be pointed out that fraud is now being uncovered in the form of ‘ double posting’ of temporary agency workers . increasing the number of agency workers makes the controls more complicated to carry out and dilutes the responsibilities . therefore , this principle should also apply to temporary agency workers posted to another member state . the user / supplier company shall accordingly provide the temporary agency in writing with clear , transparent and unambiguous information regarding the rules it applies in respect of working conditions and pay .


### when the anticipated or the effective duration of posting exceeds twenty - four months , the member state to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out . ### when the anticipated or the effective duration of posting exceeds eighteen months , the member state to whose territory a worker is posted shall be deemed to be the country in which his or her work is habitually carried out , unless the parties have agreed on the application of a different law in accordance with article 3 of regulation no 593 / 2008 of the european parliament and of the council1a . this agreement shall be without prejudice to any terms and conditions of employment which are more favourable to the worker . ______________ 1a regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations .


### remuneration , including overtime rates ; this point does not apply to supplementary occupational retirement pension schemes ; ### remuneration within the meaning of this directive , including overtime rates ; this point does not apply to supplementary occupational retirement pension schemes ;


### if undertakings established in the territory of a member state are obliged by law , regulation , administrative provision or collective agreement , to sub - contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration , the member state may , on a non–discriminatory and proportionate basis , provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in article 1 posting workers to its territory . ### member states shall insure that the provisions laid down in the present directive are applicable to all undertakings when posting workers , whether they act as a main - contractor or as a sub - contractor . it is important that the subcontractors make available to the main contractor the information on the genuine nature of the posting .


### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive . ### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should apply the crime of money laundering to all offences that are punishable with imprisonment of a level defined in this directive . to the extent that the application of these penalties thresholds does not already do so , member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . any kind of punishable involvement in the commission of a predicate offence or money laundering activity , such as participation in , association with or conspiracy to commit , attempts to commit and aiding , abetting , facilitating and counselling , should be considered as a criminal activity for the purposes of this directive . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive .


### each member state shall ensure that effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . ### each member state shall ensure that specific training and effective investigative tools , such as those used in countering organised crime or other serious crimes are available to persons , units or services responsible for investigating or prosecuting the offences referred to in articles 3 and 4 . such tools and training need to be adapted to the latest evolutions in the field of cybercrime and money laundering , including by using bitcoins , cryptocurrencies and ransomeware attacks . 1b . each member state shall ensure that their competent authorities freeze or confiscate , as appropriate , in accordance with directive 2014 / 42 / eu of the european parliament and of the council , the property derived from and the instrumentalities used in committing or attempting to commit any of the offences referred to in this directive . the provisions of paragraph 2 apply irrespective of the fact that a natural or a legal person has committed the laundering of proceeds or the predicate offence .


### in order to coordinate the tasks of different authorities which in some member states will include national and regional legislative bodies , within a given member states and between those of one or more neighbouring member states , each member state which opts for the mechanism should be obliged to set up a national and , where applicable , regional cross - border coordination points and define their tasks and competencies during the different steps of the mechanism covering initiation , conclusion , implementation and monitoring of commitments and statements . ### in order to coordinate the tasks of different authorities which in some member states will include national and regional legislative bodies , within a given member states and between those of one or more neighbouring member states , each member state should be obliged to set up a national and , where appropriate , regional cross - border coordination points and define their tasks and competencies during the different steps of the mechanism covering initiation , conclusion , implementation and monitoring of commitments and statements .


### in order to establish a database according to article 8 , implementing powers should be conferred on the commission to lay down rules on its running , on the protection of data and the model to be used when information on the implementation and on the use of the mechanism is submitted by cross - border coordination points . those powers should be exercised in accordance with the advisory procedure under regulation no 182 / 2011 of the european parliament and of the council28 . for practical and coordination purposes , the ‘ coordination committee for the european structural and investment funds’ should be the committee competent for the procedure of adoption of implementing acts . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### in order to establish a database according to article 7 , implementing powers should be conferred on the commission to lay down rules on its running , on the protection of data and the model to be used when information on the implementation and on the use of the mechanism is submitted by cross - border coordination points . those powers should be exercised in accordance with the advisory procedure under regulation no 182 / 2011 of the european parliament and of the council28 . for practical and coordination purposes , the ‘ coordination committee for the european structural and investment funds’ should be the committee competent for the procedure of adoption of implementing acts . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers .


### in accordance with the principle of proportionality , as set out in article 5 teu , the content and form of union action should not exceed what is necessary to achieve the objectives of the treaties . the recourse to the specific mechanism set up under this regulation is voluntary . where a member state decides , on a specific border with one or more neighbouring member states , to continue to resolve legal obstacles in a specific cross - border region under the effective mechanisms it has set up at national level or which it has set up formally or informally , together with one or more neighbouring member states , the mechanism set up under this regulation does not need to be selected . likewise , where a member state decides , on a specific border with one or more neighbouring member states , to join an existing effective mechanism set up formally or informally by one or more neighbouring member states , provided that mechanism allows for accession , again , the mechanism set up under this regulation does not need to be selected . this regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross - border regions , for which member states have no efficient mechanisms to resolve legal obstacles in place , ### in accordance with the principle of proportionality , as set out in article 5 teu , the content and form of union action should not exceed what is necessary to achieve the objectives of the treaties . the recourse to the specific mechanism set up under this regulation to resolve legal obstacles in cross - border regions is voluntary . where a member state decides , for a specific joint project with one or more neighbouring member states , to continue to resolve legal obstacles in a specific cross - border region under the effective mechanisms it has set up at national level or which it has set up formally or informally , together with one or more neighbouring member states , the mechanism set up under this regulation does not need to be selected . likewise , where a member state decides , for a specific joint project with one or more neighbouring member states , to join an existing effective mechanism set up formally or informally by one or more neighbouring member states , provided that mechanism allows for accession , again , the mechanism set up under this regulation does not need to be selected . finally , where a member state decides together with one or more neighbouring member states , to set up formally or informally a new effective mechanism to resolve legal obstacles hampering the implementation of a joint project in cross - border regions , the mechanism set up under this regulation does not need to be selected . this regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross - border regions , for which member states have no efficient mechanisms to resolve legal obstacles in place .


### this regulation sets up a mechanism to allow for the application in one member state , with regard to a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project . ### this regulation sets up a mechanism to allow for the application in one member state , with regard to a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute one or more&#160 ; legal obstacles hampering the implementation of a joint project .


### this regulation sets up a mechanism to allow for the application in one member state , with regard to a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project . ### this regulation sets up a voluntary mechanism to allow for the application in one member state , with regard to a single joint project in a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project .


### ' initiator ' means the actor who identifies the legal obstacle and triggers the mechanism by submitting an initiative document ; ### ' initiator ' means the actor who identifies one or more legal obstacles and triggers the mechanism by submitting an initiative document ;


### member state shall either opt for the mechanism or opt for existing ways to resolve legal obstacles hampering the implementation of a joint project in cross - border regions on a specific border with one or more neighbouring member states . ### member states may either opt for the mechanism or opt for existing ways to resolve legal obstacles hampering the implementation of a joint project in cross - border regions with one or more neighbouring member states .


### where a member state opts for the mechanism , it shall establish one or more cross - border coordination points in one of the following ways : ### each member state shall establish one or more cross - border coordination points in one of the following ways :


### liaise , where they exist , with the cross - border coordination points in the neighbouring member state or states and with the cross - border coordination points in other territorial entities with legislative powers of its own member state or another member state ; ### liaise with the cross - border coordination points in the neighbouring member state or states and with the cross - border coordination points in other territorial entities with legislative powers of its own member state or another member state ;


### upon request from a given competent committing authority located in another member state without its own cross - border coordination point , perform the preliminary analysis of an initiative document ; ### upon request from a given competent committing authority located in another member state , perform the preliminary analysis of an initiative document ;


### the initiator shall identify the legal obstacle with regard to the planning , development , staffing , financing or functioning of a joint project . ### the initiator shall identify one or more legal obstacles with regard to the planning , development , staffing , financing or functioning of a joint project .


### a description of the joint project and of its context , of the corresponding legal obstacle in the committing member state as well as of the rationale for resolving the legal obstacle ; ### a description of the joint project and of its context , of one or more corresponding legal obstacles in the committing member state as well as of the rationale for resolving one or more legal obstacles ;


### a list of the specific legal provisions of the transferring member state resolving the legal obstacle or , where no appropriate legal provision exists , a proposal for an ad hoc legal resolution ; ### a list of the specific legal provisions of the transferring member state resolving one or more legal obstacles or , where no appropriate legal provision exists , a proposal for an ad hoc legal resolution ;


### preliminary analysis of the initiative document by the committing member state ### preliminary analysis of the initiative document by the committing and transferring member state or states