### the commission’s proposal for a directive of the european parliament and of the council34 includes accessibility requirements for a specific set of public sector bodies’ websites . in addition , it proposes to establish the basis for a monitoring and reporting methodology of the compliance of the relevant websites with the requirements listed in that directive . both the accessibility requirements and the monitoring and reporting methodology included in that directive are to apply to the public sector bodies ' websites . with the purpose of , notably , ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website , the accessibility requirements set out in this directive should be aligned to those of the proposed directive on the accessibility of public sector bodies’ websites . activities of ecommerce of public sector websites not covered by that directive , fall under the scope of this proposal , in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons , irrespective of their public or private sale . __________________ 34 proposal for a directive of the european parliament and of the council on the accessibility of public sector bodies ' websites com 721 . ### directive 2016 / 2102 of the european parliament and of the council34 includes accessibility requirements for all public sector bodies ' websites . in addition , it establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements listed in that directive . both the accessibility requirements and the monitoring and reporting methodology included in that directive apply to the public sector bodies ' websites and mobile applications . with the purpose of , notably , ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website and mobile applications , the accessibility requirements set out in this directive should be aligned to those of directive 2016 / 2102 . activities of ecommerce of public sector websites and mobile applications which are not covered by directive 2016 / 2102 fall within the scope of this directive , in order to ensure that the online sale of products and services is accessible for persons with disabilities , irrespective of their public or private sale . __________________ 34 directive 2016 / 2102 of the european parliament and of the council of 26 october 2016 on the accessibility of the websites and mobile applications of public sector bodies .


### public contracts and concessions which are subject to directive 2014 / 23 / eu42 directive 2014 / 24 / eu and directive 2014 / 25 / eu . __________________ 42 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts ### public contracts and concessions which are subject to directive 2014 / 23 / eu of the european parliament and of the council42 , directive 2014 / 24 / eu and directive 2014 / 25 / eu , designed or constructed after . . . [ six years after the date of entry into force of this directive ] . __________________ 42 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts


### audiovisual media services and related consumer equipment with advanced computing capability ; ### the architecture of websites and mobile applications of audio - visual media services ;


### audiovisual media services and related consumer equipment with advanced computing capability ; ### websites and mobile device - based services of audiovisual media services ;


### 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 .


### audiovisual media services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in section iv of annex i . ### website and mobile - based services of audiovisual media services and the related consumer equipment with advanced computing capability shall comply with the requirements set out in section iv of annex i .


### importers shall keep a register of complaints , of non - conforming products and product recalls , and shall keep distributors informed of such monitoring . ### importers shall keep a register of complaints and of non - conforming products , and shall keep distributors informed of such monitoring .


### 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 b on ' related terminal equipment with advance computing capability used by consumers ' 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 on ' related terminal equipment used by consumers ' ; information about the functioning of the service and about its accessibility characteristics and facilities ; electronic information , including the related websites and online applications needed in the provision of the service ; 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 .


### importers 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 in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market . ### importers 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 in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to ensure compliance of products which they have placed on the market .


### banking services ; ### consumer banking services ;


### importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in article 3 shall immediately take the necessary corrective measures to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore where the product presents a risk , importers shall immediately inform the competent national authorities of the member states in which they made the product available to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken . ### importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with the requirements referred to in article 3 shall immediately take the necessary corrective measures to bring that product into conformity , or to withdraw it , if appropriate . furthermore , where the product is not in conformity with this directive , importers shall immediately inform the competent national authorities of the member states in which they made the product available to that effect , giving details , in particular , of the non - compliance and of any corrective measures taken .


### where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in article 3 , they shall not make the product available on the market until it has been brought into conformity . furthermore , where the product presents a risk , the distributor shall inform the manufacturer and the market surveillance authorities to that effect . ### where a distributor considers or has reason to believe that a product is not in conformity with the accessibility requirements referred to in article 3 , they shall not make the product available on the market until it has been brought into conformity . furthermore , where the product is not in conformity with this directive , the distributor shall inform the manufacturer and the market surveillance authorities to that effect .


### economic operators shall be able to present the information referred to in paragraph 1 for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the product . ### economic operators shall be able to present the information referred to in paragraph 1 for a certain period after they have been supplied with the product or after they have supplied the product .


### 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 .


### 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 .


### consumer terminal equipment with advanced computing capability related to audio - visual media services . ### consumer terminal equipment related to audio - visual media services .


### 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 ; 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 : the products the service providers use in the provision of the service concerned , in accordance with the rules laid down in point d ; information about the functioning of the service 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 banking services .


### distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this directive shall make sure that the necessary corrective measures are taken to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product presents a risk , distributors shall immediately inform the competent national authorities of the member states in which they made the product available to that effect giving details , in particular , of the non - compliance and of any corrective measures taken . ### distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this directive shall make sure that the necessary corrective measures are taken to bring that product into conformity or to withdraw it , if appropriate . furthermore , where the product is not in conformity with this directive , distributors shall immediately inform the competent national authorities of the member states in which they made the product available to that effect giving details , in particular , of the non - compliance and of any corrective measures taken .


### 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 .


### 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 .


### the commission’s proposal for a directive of the european parliament and of the council34 includes accessibility requirements for a specific set of public sector bodies’ websites . in addition , it proposes to establish the basis for a monitoring and reporting methodology of the compliance of the relevant websites with the requirements listed in that directive . both the accessibility requirements and the monitoring and reporting methodology included in that directive are to apply to the public sector bodies ' websites . with the purpose of , notably , ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website , the accessibility requirements set out in this directive should be aligned to those of the proposed directive on the accessibility of public sector bodies’ websites . activities of ecommerce of public sector websites not covered by that directive , fall under the scope of this proposal , in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons , irrespective of their public or private sale . __________________ 34 proposal for a directive of the european parliament and of the council on the accessibility of public sector bodies ' websites com 721 . ### directive 2016 / 2102 of the european parliament and of the council34 includes accessibility requirements for all public sector bodies ' websites . in addition , it establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements listed in that directive . both the accessibility requirements and the monitoring and reporting methodology included in that directive apply to the public sector bodies ' websites and mobile applications . with the purpose of , notably , ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website and mobile applications , the accessibility requirements set out in this directive should be aligned to those of directive 2016 / 2102 . activities of ecommerce of public sector websites and mobile applications which are not covered by directive 2016 / 2102 fall within the scope of this directive , in order to ensure that the online sale of products and services is accessible for persons with disabilities , irrespective of their public or private sale . __________________ 34 directive 2016 / 2102 of the european parliament and of the council of 26 october 2016 on the accessibility of the websites and mobile applications of public sector bodies .


### where the market surveillance authorities of one member state have taken action pursuant to article 20 of regulation no 765 / 2008 , or where they have sufficient reason to believe that a product covered by this directive presents a risk related to accessibility aspects covered by this directive , they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this directive . the relevant economic operators shall fully cooperate with the market surveillance authorities . ### where the market surveillance authorities of one member state have sufficient reason to believe that a product covered by this directive is not in conformity with this directive , they shall carry out an evaluation in relation to the product concerned covering all the requirements laid down in this directive . the relevant economic operators shall fully cooperate with the market surveillance authorities .


### service providers shall prepare the necessary information in accordance with annex iii explaining how the services meet the accessibility requirements referred to in article 3 . the information shall be made available to the public in written and oral format , including in a manner which is accessible to persons with functional limitations and persons with disabilities . service providers shall keep the information as long as the service is in operation . ### service providers shall prepare the necessary information in accordance with annex iii explaining how their services meet the accessibility requirements referred to in article 3 . the information shall be made available to the public in written and oral format , including in a manner which is accessible to persons with disabilities . service providers shall keep the information as long as the service is in operation .


### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken by reason of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken on grounds of 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 , as laid down in article 21 of charter of fundamental rights of the european union .


### any processing of pnr data revealing a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately . ### any processing of pnr data revealing a person’s sex , race , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , property , disability , age , health or sexual orientation shall be prohibited , as laid down in article 21 of charter of fundamental rights of the european union . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately and permanently .


### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 30 days after their transfer to the passenger information unit of the first member state on whose territory the international flight is landing or departing . ### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are masked - out as soon as the data subject has entered the territory of the member state concerned .


### upon expiry of the period of 30 days after the transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be masked out . such anonymised pnr data shall be accessible only to a limited number of personnel of the passenger information unit specifically authorised to carry out analysis of pnr data and develop assessment criteria according to article 4 . access to the full pnr data shall be permitted only by the head of the passenger information unit for the purposes of article 4 and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution . ### upon expiry of the period of 7 days after the transfer of the pnr data to the passenger information unit , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be depersonalised through masking in accordance with article 9a .


### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious crime and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment the passenger information unit may compare pnr data against relevant databases , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ; ### contributing to the identification of any person prior to their scheduled arrival or departure from the member state in order to identify any persons or find objects sought or under alert concerning serious transnational crime or a terrorist offence and who require further examination by the competent authorities referred to in article 5 . in carrying out such a check the passenger information unit may compare pnr data against specifically designed databases created for the purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious transnational crime , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ;


### 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 and the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination .


### each member state shall provide that , in respect of all processing of personal data pursuant to this directive , every passenger shall have the same right to access , the right to rectification , erasure and blocking , the right to compensation and the right to judicial redress as those adopted under national law in implementation of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha . the provisions of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha shall therefore be applicable . ### each member state shall provide that , in respect of all processing of personal data pursuant to this directive , every passenger shall have the same right to access , the right to rectification , erasure and blocking , the right to compensation and the right to judicial redress as those 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 , shall therefore be applicable .


### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with framework decision 2008 / 977 / jha . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country . ### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with 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 . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country , and subject to the high level of protection offered in the charter of fundamental rights of the european union , convention 108 , and the european convention for human rights .


### the competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s sex , race , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership of a national minority , health or sexual orientation .


### 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 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 specific purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious transnational crime .


### upon expiry of the period of 30 days after the transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be masked out . such anonymised pnr data shall be accessible only to a limited number of personnel of the passenger information unit specifically authorised to carry out analysis of pnr data and develop assessment criteria according to article 4 . access to the full pnr data shall be permitted only by the head of the passenger information unit for the purposes of article 4 and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution . ### after the pnr data has been masked - out by the passenger information unit , the data shall be retained at the passenger information unit for a further period of 30 days , after which the data will be permanently deleted . the masked - out pnr data shall be accessible only to a limited number of personnel of the passenger information unit specifically authorised to carry out analysis of pnr data and develop assessment criteria according to article 4 . access to the full pnr data shall be permitted only by the head of the passenger information unit .


### 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 .


### – address and contact information ; ### – contact information and address , including invoice address ;


### 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 .


### 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 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 transnational crime


### taking into consideration the right to the protection of personal data , the rights of the data subjects to processing of their pnr data , such as the right of access , the right of rectification , erasure and blocking , as well as the rights to compensation and judicial remedies , should be in line with framework decision 2008 / 977 / jha . ### taking into consideration the right to the protection of personal data , the rights of the data subjects to processing of their pnr data , such as the right of access , the right of rectification , erasure and blocking , as well as the rights to compensation and judicial remedies , should be in line with 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 , and with the high level of protection offered in the charter of fundamental rights of the european union , convention 108 , and the european convention for human rights .


### each member state should be responsible for assessing the potential threats related to terrorist offences and serious crime . ### each member state should be responsible for assessing the potential threats related to 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 .


### 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 .


### 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 : the conditions laid down in article 13 of council framework decision 2008 / 977 / jha are fulfilled , the transfer is necessary for the purposes of this directive specified in article 1 , and the third country agrees to transfer the data to another third country only where it is necessary for the purposes of this directive specified in article 1 and only with the express authorisation of the member state . ### 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 : the transfer is necessary for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; the receiving authority in the third country or receiving international body is responsible for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; the member state from which the data were obtained has given its consent to transfer in compliance with its national law ; the third country or international body concerned ensures an adequate level of protection for the intended data processing ; the transfer is necessary for the purposes of this directive specified in article 1 ; and the third country receiving the data agrees to transfer the data to another third country only where it is necessary for the purposes of this directive specified in article 1 and only with the express authorisation of the member state . 1a . transfer of pnr data without prior consent in accordance with point of paragraph 1 shall be permitted only if such transfer is essential for the prevention of an immediate and serious threat to public security of a member state or a third country or to essential interests of a member state and the prior consent cannot be obtained in good time . the authority responsible for giving consent shall be informed without delay . 1b . by way of derogation from point of paragraph 1 , personal data may be transferred if : the national law of the member state transferring the data so provides because of : the legitimate specific interests of the data subject ; or legitimate prevailing interests , in particular important public interests ; or the third country or receiving international body provides safeguards which are deemed adequate by the member state concerned according to its national law . 1c . the adequacy of the level of protection referred to in point of paragraph 1 shall be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations . particular consideration shall be given to the nature of the data , the purpose and duration of the proposed processing operation or operations , the member state transferring the data and the country or international body of final destination of the data , the rules of law , both general and sectoral , in force in the third country or international body in question and the professional rules and security measures which apply . 1d . member states shall transfer pnr to competent government authorities of third countries only under terms consistent with this directive and only upon ascertaining that the use that the recipient intends to make of the pnr is consistent with those terms . 1e . save in emergency circumstances , any such transfer of data from one third country to another shall take place pursuant to an express understanding incorporating data privacy protections comparable to those applied to pnr by member states as provided for in this directive . 1f . where a member state is aware that pnr data relating to a citizen or a resident of a member state are being transferred to a third country , the competent authorities of the member state concerned shall be informed of the matter at the earliest appropriate opportunity . 1g . when pnr data is being transferred to a third country pursuant to this directive , the safeguards set out in paragraphs 1 to 1c shall be complied with .


### 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


### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken by reason of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### taking fully into consideration the right to the protection of personal data and the right to non - discrimination in accordance with directive 95 / 46 / ec of the european parliament and of the council1a and articles 8 and 21 of the charter of fundamental rights of the european union , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken on grounds of a person’s sex , race , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , property , birth , disability , age , health or sexual orientation . __________________ 1a directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately upon receipt . ### the pnr data transferred by the air carriers , pursuant to article 6 , in relation to international flights which land on or depart from the territory of each member state shall be collected by the passenger information unit of the relevant member state . should the pnr data transferred by air carriers include data beyond those listed in the annex , the passenger information unit shall delete such data immediately and permanently upon receipt .


### 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 ### 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 transnational crime , and to provide the competent authorities with the results of such processing ; and


### the processing of personal data must be proportionate to the specific security goal pursued by this directive . ### the processing of personal data must be necessary and proportionate to the specific aim pursued by this directive .


### 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 article 21 of the council framework decision 2008 / 977 / jha regarding confidentiality of processing shall also apply to all processing of personal data pursuant to this directive .


### 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 .


### 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 . 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 .


### on a case - by - case basis , upon request from a passenger information unit in accordance with national law , air carriers shall transfer pnr data where access earlier than that mentioned in point of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious crime . ### on a case - by - case basis , upon request from a passenger information unit in accordance with national law , air carriers shall transfer pnr data where access earlier than that mentioned in point of paragraph 2 is necessary to assist in responding to a specific and actual threat related to terrorist offences or serious transnational crime .


### each member state shall provide that the national supervisory authority established in implementation of article 25 of framework decision 2008 / 977 / jha shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the member states pursuant to the present directive . the further provisions of article 25 framework decision 2008 / 977 / jha shall be applicable . ### each member state shall provide that the national supervisory authority established 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 , shall also be responsible for advising on and monitoring the application within its territory of the provisions by the member states pursuant to the present directive .


### competent authorities shall consist of authorities competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime . ### competent authorities shall be authorities competent for the prevention , detection , investigation or prosecution of terrorist offences and serious transnational crime .


### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious crime . ### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious transnational crime .


### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious crime and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment the passenger information unit may compare pnr data against relevant databases , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ; ### contributing to the identification of any person prior to their scheduled arrival or departure from the member state in order to identify any persons or find objects sought or under alert concerning serious transnational crime or a terrorist offence and who require further examination by the competent authorities referred to in article 5 . in carrying out such a check the passenger information unit may compare pnr data against specifically designed databases created for the purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious transnational crime , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ;


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious transnational crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members shall be persons of proven integrity and competence and may be seconded from competent public authorities . an independent data protection officer shall be appointed from among the staff of the passenger information unit and given responsibility for overseeing the work of the unit and in particular for checking that transfers of data to the competent authorities are performed in full compliance with the limits laid down in this directive and in framework decision 2008 / 977 / jha and for reporting any infringements to the national supervisory authority .


### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights . ### in particular , the scope of the directive is as limited as possible , it allows retention of specific pnr data for period of time not exceeding 30 days , after which the data must be deleted , the data must be masked out immediately , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights .


### 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 .


### 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 .


### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 . ### member states should make the pnr data that they receive available on the basis of a hit / no hit system to pius of other member states . upon specified requests concerning targeted flights or certain individuals , for a maximum of six months , where this is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime , pnr data can be transferred to the piu of another member state . the passenger information units shall in any case transmit the result of the processing of pnr data to the pius of other member states without delay . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation with a high level of protection of personal data in line with the charter of fundamental rights of the european union , convention 108 and the european convention of human rights . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 .


### 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 .


### in order to facilitate the understanding and uniform application of this regulation , new definitions for ‘ individually adapted ppe’ and ‘ made - to - measure ppe’ should be introduced and the conformity assessment procedures for these kinds of ppe should be adapted to the specific conditions of their manufacture . ### in order to facilitate the understanding and uniform application of this regulation , new definitions for ‘ individually adapted ppe’ and ‘ made - to - measure ppe’ should be introduced including clear definitions of the end - user of ppe and the conformity assessment procedures for these kinds of ppe should be adapted to the specific conditions of their manufacture . in the definition of ' individually adapted ppe ' and ' made - to - measure pe ' it should be clearly stated that the individualisation of ppe must have a material impact on the working environment and safety at work .


### 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 .


### ' 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 : ' for the purposes of environmental protection , member states shall set up minimum quality standards for the treatment of the weee that has been collected . these standards shall be published . '


### ' 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 . ”


### “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 the weee that has been collected . they shall publish these standards . '


### 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 .


### 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 . ’ ;


### “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 . ’ ;


### 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 ;


### ‘ low - emission heavy - duty vehicle’ means a heavy - duty vehicle , which is not a zero emission heavy - duty vehicle , with specific co2 emissions of less than 350 g co2 / km as determined pursuant to point 2 . 1 of annex i ; ### ‘ low - emission heavy - duty vehicle’ means a heavy - duty vehicle , which is not a zero emission heavy - duty vehicle , with specific co2 emissions of less than 40 % below the reference value which derives from the 2019 baseline for each vehicle sub - group ;


### 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 .


### in 2022 , the commission should assess the effectiveness of the co2 emission standards laid down in this regulation and in particular the level of the reductions to be achieved by 2030 , the modalities that should be available for achieving that target and beyond , as well as the setting of co2 reduction targets to other types of heavy - duty vehicles such as smaller lorries , buses , coaches and trailers . that assessment should also include , strictly for the purpose of this regulation , considerations of heavy - duty vehicles and vehicle combinations beyond standard weights and dimensions applicable to national transport , for example modular concepts . ### in 2022 , the commission should assess the effectiveness of the co2 emission standards laid down in this regulation and in particular the level of the reductions to be achieved by 2030 , the modalities that should be available for achieving that target and beyond , as well as the setting of co2 reduction targets to other types of heavy - duty vehicles such as smaller lorries , buses , coaches and trailers . that assessment should also include , strictly for the purpose of this regulation , considerations of heavy - duty vehicles and vehicle combinations beyond standard weights and dimensions applicable to national transport , for example modular concepts . well - to - wheel and life - cycle co2 emissions of heavy - duty vehicles should also be monitored , made transparent , and be taken into account in the review set out in article 13 .


### for the purpose of calculating the average specific emissions of a manufacturer , all zero - and low - emission heavy - duty vehicles should therefore be counted multiple times . the level of incentives should vary according to the actual co2 emissions of the vehicle . in order to avoid a weakening of the environmental objectives , the resulting savings should be subject to a cap . ### for the purpose of calculating the average specific emissions of a manufacturer , all zero - and low - emission heavy - duty vehicles should therefore be counted multiple times . the level of incentives should vary according to the actual co2 emissions of the vehicle . in order to avoid a weakening of the environmental objectives , the resulting savings should be subject to a cap . taking into account the difficulties in developing long - haul zero - and low - emission vehicles , those vehicles over 400km in range , should be exempted from the cap .


### in the light of innovation and to take account of the implementation of new technologies improving the fuel efficiency of heavy - duty vehicles , the vecto simulation tool as well as regulation 2017 / 2400 will be continuously and timely updated . ### in the light of innovation and to take account of the implementation of new technologies improving the fuel efficiency of heavy - duty vehicles , the vecto simulation tool as well as regulation 2017 / 2400 must be continuously and timely developed and updated to properly cover all available technologies on the market . given the key role of these new technologies in reducing co2 emissions from the transport sector , the timely and comprehensive update of the vecto simulation tool is essential element in reducing co2 from heavy - duty vehicles . the commission shall present digitally updated list of the technologies included in vecto , with a corresponding timeline every year .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter methane , and mercury in accordance with the national emission reduction commitments applicable from 2020 , 2025 and 2030 , as laid down in annex ii .


### member states should comply with the emission reduction commitments set out in this directive for 2020 and 2030 . so as to ensure demonstrable progress towards the 2030 commitments , member states should meet intermediate emission levels in 2025 , set on the basis of a linear trajectory between their emission levels for 2020 and those defined by the emission reduction commitments for 2030 , unless this would entail disproportionate costs . where the 2025 emissions cannot be so limited , member states should explain the reasons in their reports under this directive . ### member states should comply with the emission reduction commitments set out in this directive for 2020 , 2025 and 2030 .


### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements and intermediate emission levels , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe . ### member states should adopt and implement a national air pollution control programme with a view to meeting their emission reduction requirements , and to contributing effectively to the achievement of the union air quality objectives . to this effect , member states should take account of the need to reduce emissions in zones and agglomerations affected by excessive air pollutant concentrations and / or in those that contribute significantly to air pollution in other zones and agglomerations , including in neighbouring countries . national air pollution control programmes should , to that end , contribute to the successful implementation of air quality plans enacted under article 23 of directive 2008 / 50 / ec of the european parliament and of the council . 23 __________________ 23 directive 2008 / 50 / ec of the european parliament and of the council of 21 may 2008 on ambient air quality and cleaner air in europe .


### in order to promote cost - effective achievement of the national emission reduction commitments and of the intermediate emission levels , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council . 21 member states should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### in order to promote cost - effective achievement of the national emission reduction commitments , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council . 21 member states should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 .


### for the purpose of this directive , remuneration means all the elements of remuneration rendered mandatory by national law , regulation or administrative provision , collective agreements or arbitration awards which have been declared universally applicable and / or , in the absence of a system for declaring collective agreements or arbitration awards to be of universal application , other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph , in the member state to whose territory the worker is posted . ### remuneration shall be determined by the national law and / or practice of the member state to whose territory the worker is posted and includes all the elements rendered mandatory by national law , regulation or administrative provision , collective agreements or arbitration awards which have been declared universally applicable .


### because of the highly mobile nature of work in international road transport , the implementation of the posting of workers directive raises particular legal questions and difficulties . it would be most suited for these challenges to be addressed through sector - specific legislation together with other eu initiatives aimed at improving the functioning of the internal road transport market . ### because of the highly mobile nature of work in international road transport , the implementation of the posting of workers directive raises particular legal questions and difficulties . therefore transport services such as transit , international transport and linked cabotage are covered by another legislative proposal within the framework of the european mobility and transport package .


### 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 .


### 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 .


### 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 .


### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 24 months after adoption ] at the latest . they shall immediately communicate the text of those provisions to the commission . ### member states shall bring into force the laws , regulations and administrative provisions necessary to comply with this directive by [ 12 months after adoption ] at the latest . they shall immediately communicate the text of those provisions to the commission .


### where money laundering activity does not simply amount to the mere possession or use , but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence , such as damaging the integrity of the financial system , that activity should be punished separately . member states should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property . ### member states should ensure that certain types of money laundering activities are also punishable when committed by the perpetrator of the criminal activity that generated that property when committed with the intention to hide the illegal origin of the property . where , in such cases , money laundering activity does not simply amount to the mere possession or use , but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence , such as damaging the integrity of the financial system , that activity should be punishable .


### the commission shall , by [ 24 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive . ### the commission shall , by [ 12 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive .