### the annual work plan shall identify topics and activities to be implemented , including calls for proposals to be launched by edctp - is to select and fund indirect actions , as well as the budgets and edctp2 funding for those topics and activities . ### the annual work plan shall identify topics and activities to be implemented , including activities initiated by participating states and calls for proposals to be launched by edctp - is to select and fund indirect actions , as well as the budgets and edctp2 funding for those topics and activities .


### continued effort is required in order to meet the requirements set out in article 168 of the treaty . promoting good health at eu level is an integral part of the ‘ europe 2020 : a european strategy for smart , sustainable and inclusive growth’ . keeping people healthy and active for longer will have positive overall health effects , and a positive impact on productivity and competitiveness , while reducing pressures on national budgets . innovation in health helps take up the challenge of sustainability in the sector in the context of demographic change , and action to reduce inequalities in health is important to achieve ‘ inclusive growth’ . it is appropriate in this context to establish a ‘ health for growth’ programme , the third programme of eu action on health . ### continued effort is required in order to meet the requirements set out in article 168 of the treaty . promoting good health at eu level is an integral part of the ‘ europe 2020 : a european strategy for smart , sustainable and inclusive growth’ . keeping people healthy and active for longer and empowering them to take an active role in managing their health , inter alia by improving people ' s health literacy , will have positive overall effects on health , including reduction of health inequalities , and a positive impact on productivity and competitiveness , while reducing pressures on national budgets . innovation in all factors and measures having an impact on health helps take up the challenge of sustainability in the sector in the context of demographic change , and action to reduce inequalities in health is important to achieve ‘ inclusive growth’ . it is appropriate in this context to establish a ‘ health for growth’ programme , the third programme of eu action on health .


### the programme shall put forward actions in areas where there is evidence of eu added - value on the basis of the following criteria : best practice exchange between member states ; supporting networks for knowledge sharing or mutual learning ; addressing cross - border threats to reduce risks and mitigate their consequences ; addressing certain issues relating to the internal market where the eu has substantial legitimacy to ensure high - quality solutions across member states ; unlocking the potential of innovation in health ; actions that could lead to a system for benchmarking to allow informed decision - making at european level ; improving economies of scale by avoiding waste due to duplication and optimising the use of financial resources . ### the programme shall put forward actions in areas where there is evidence of eu added - value on the basis of the following criteria : best practice exchange between member states ; supporting networks for knowledge sharing or mutual learning ; achieving key social objectives such as promotion of equity and solidarity and reduction of health inequalities ; addressing cross - border threats to reduce risks and mitigate their consequences ; addressing certain issues relating to the internal market where the eu has substantial legitimacy to ensure high - quality solutions across member states ; unlocking the potential of innovation in health ; actions that could lead to a system for benchmarking to allow informed decision - making at european level ; improving economies of scale by avoiding waste due to duplication and optimising the use of financial resources .


### innovation in health in terms of products and services , and the organisation and provision of care , has the potential to enhance the quality of care to patients and respond to unmet needs , while also improving the cost - efficiency and sustainability of care . therefore , the programme should facilitate the uptake of innovation in healthcare . ### innovation in health should be understood as a public health strategy which is not limited to technological advances in terms of products and services . fostering innovation in the field of public health interventions , prevention strategies , health system management and organisation and provision of care , has the potential to improve public health outcomes , enhance the quality of care to patients and respond to unmet needs while also improving the cost - efficiency and sustainability of care . therefore , the programme should facilitate the uptake of innovation in public health and healthcare .


### the position of the patient should be strengthened to achieve better and safer health outcomes . patients need to be empowered to manage their health and their healthcare more pro - actively . the transparency of healthcare activities and systems and the availability of information to patients should be optimised . healthcare practices should be informed by feedback from and communication with patients . support for member states , patient organisations and stakeholders is essential and should be coordinated at eu level in order to effectively help patients and in particular those affected by rare diseases to benefit from cross border healthcare . ### the position of the patient should be strengthened by enhancing health literacy to achieve better and safer health outcomes . citizens need to be empowered to manage their health , prevent poor health , cooperate with healthcare more pro - actively and to make informed choices , inter alia by enhancing their health literacy . the transparency and patient - centredness of healthcare activities and systems , and the availability of reliable , independent and user - friendly information to patients should be optimised . healthcare practices should be informed by feedback from and communication with patients . support for member states , patient organisations and stakeholders is essential and should be coordinated at eu level in order to effectively help patients and in particular those affected by rare diseases to benefit from cross border healthcare .


### in the context of an ageing society , well - directed investments to promote health and prevent diseases can increase the number of ‘ healthy life years’ and thus enable the elderly to continue working as they grow older . chronic diseases are responsible for over 80% of premature mortality in the eu . by identifying , disseminating and promoting the up - take of validated best practices for cost - effective prevention measures focused on the key risk factors , namely smoking , abuse of alcohol and obesity , as well as on hiv / aids , the programme will contribute to prevent diseases and promote good health , also bearing in mind underlying factors of a social and environmental nature . ### in the context of an ageing society , well - directed investments to promote health and prevent diseases can increase the number of ‘ healthy life years’ and thus enable the elderly to continue working as they grow older . chronic diseases are responsible for over 80% of premature mortality in the eu . by identifying , disseminating and promoting the up - take of validated best practices for cost - effective prevention measures focused on the key risk factors , namely smoking , abuse of alcohol and obesity , as well as on hiv / aids , tuberculosis and hepatitis , the programme will contribute to prevent diseases and promote good health , also bearing in mind underlying factors of a social and environmental nature .


### the general objectives of the health for growth programme shall be to work with the member states to encourage innovation in healthcare and increase the sustainability of health systems , to improve the health of the eu citizens and protect them from cross - border health threats . ### the general objectives of the health for growth programme shall be to work with the member states to encourage innovation in healthcare and increase the sustainability of health systems , to improve the health of the eu citizens , to firmly promote the principle of prevention and protect the citizens from cross - border health threats .


### to develop common tools and mechanisms at eu level to address shortages of resources , both human and financial , and to facilitate up - take of innovation in healthcare in order to contribute to innovative and sustainable health systems . ### to develop common tools and mechanisms at eu level to address shortages or surplus of resources , both human and financial , and to facilitate up - take of innovation in healthcare in order to contribute to innovative and sustainable health systems .


### to increase access to medical expertise and information for specific conditions also beyond national borders , and to develop shared solutions and guidelines to improve healthcare quality and patient safety in order to increase access to better and safer healthcare for eu citizens . ### to increase access to medical expertise and information for specific conditions also beyond national borders and to develop shared solutions and guidelines to improve health literacy , patient empowerment , healthcare quality and patient safety in order to increase access to better and safer healthcare for eu citizens .


### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health . ### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , and operating in a gender - sensitive framework , in order to prevent diseases and promote good health .


### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health . ### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health , and to empower eu citizens and patients to play an active role in managing their health and healthcare , inter alia by enhancing their health literacy skills .


### 3 . health workforce : develop effective health workforce forecasting and planning in terms of numbers , scope of practice and skills , monitor mobility and migration of health professionals , establish efficient recruitment and retention strategies and capacity development . ### 3 . health workforce : develop effective health workforce forecasting and planning in terms of numbers , gender equality , scope of practice and skills , monitor mobility and migration of health professionals , establish efficient recruitment and retention strategies and capacity development .


### 1 . cost - effective promotion and prevention measures : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in communication and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , addressing obesity with a focus on the cross - border dimension and on member states with no or little action on these issues . ### 1 . cost - effective promotion and prevention measures : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in improving health literacy through communication and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , addressing obesity and low physical activity with a focus on the cross - border dimension and on member states with no or little action on these issues .


### 1 . cost - effective promotion and prevention measures : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in communication and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , addressing obesity with a focus on the cross - border dimension and on member states with no or little action on these issues . ### 1 . cost - effective promotion and prevention measures : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in communication and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , addressing obesity with a focus on the cross - border dimension and on member states with no or little action on these issues , and operating in a gender - sensitive framework .


### 3 . support capacity building against health threats in member states : develop preparedness and response planning , public health response coordination , common approaches on vaccination ; develop guidelines on protective measures in an emergency situation , guidelines on information and guides to good practice ; set up a new mechanism for joint procurement of medical countermeasures ; develop common communication strategies . ### 3 . support capacity building against health threats in member states : develop preparedness and response planning , public health response coordination , common approaches on vaccination ; develop guidelines on protective measures in an emergency situation , guidelines on information and guides to good practice ; set up a new mechanism for joint procurement of medical countermeasures ; develop common communication strategies ; strengthen cooperation among the member states in order to address the impact on public health systems from the increasing flows of illegal migration .


### the notification referred to in paragraph 1 shall be transmitted at least five calendar months before formal negotiations are to commence with the third country concerned . ### the notification referred to in paragraph 1 shall be transmitted at least five calendar months before formal negotiations to amend an existing agreement are to commence with the third country concerned . where a member state intends to conclude a new agreement , the notification shall be transmitted at least six calendar months before the formal negotiations are to commence with the third country concerned .


### relations between the european union and the hashemite kingdom of jordan are developing within the framework of the european neighbourhood policy . an association agreement between the european communities and their member states , of the one part , and jordan , of the other part , entered into force in may 2002 . bilateral political dialogue and economic cooperation have been further developed within the framework of enp action plans , of which the most recent covers the period 2010 - 2015 . in 2010 , the union granted jordan ' ' advanced status ' partnership , implying expanded areas of cooperation between both parties . ### relations between the european union and the hashemite kingdom of jordan are developing within the framework of the european neighbourhood policy . an association agreement between the european communities and their member states , of the one part , and jordan , of the other part , entered into force in may 2002 . bilateral political dialogue and economic cooperation have been further developed within the framework of enp action plans , of which the most recent covers the period 2010 - 2015 . in 2010 , the union granted jordan ' ' advanced status ' partnership , implying expanded areas of cooperation between both parties . in 2013 the association agreement between the european communities and their member states , of the one part , and jordan , of the other part , was complemented by a framework agreement between the union and jordan on the general principles for the participation of jordan in union programmes , furthering cooperation between the union and jordan .


### jordan ' s economy has been significantly affected by domestic events related to the events in the southern mediterranean since the end of 2010 , known as the ' arab spring ' , and by the ongoing regional unrest , notably in neighbouring egypt and syria . combined with a weaker global environment , the repeated disruptions to the flow of natural gas from egypt , which have forced jordan to replace gas imports from egypt with more expensive fuels for electricity generation , and the important inflow of refugees from syria have resulted in important external and budgetary financial gaps . ### jordan ' s economy has been significantly affected by domestic events related to the events in the southern mediterranean since the end of 2010 , known as the ' arab spring ' , and by the ongoing regional unrest , notably in neighbouring egypt and syria . in particular , the high inflow of refugees from syria who have sought refuge in jordan is having a severe impact on jordan ' s economy . in the context of a much weaker global economic environment , the repeated disruptions to the flow of natural gas from egypt , which have forced jordan to replace gas imports from egypt with more expensive fuels for electricity generation , and the significant financial resources required to provide humanitarian assistance to the refugees from syria who are present on jordan ' s territory , have resulted in important external and budgetary financial gaps .


### jordan has embarked on a series of political reforms , most notably leading to the adoption by the jordanian parliament in september 2011 of over 40 constitutional amendments , representing a significant step towards a fully - fledged democratic system . political and economic support from the union to jordan ' s reform process is consistent with the union ' s policy towards the southern mediterranean region , as set out in the context of the enp . ### under the guidance of h . m . king abdullah ii , jordan has embarked on a very wide - ranging process of political reforms , most notably leading to the adoption by the jordanian parliament in september 2011 of over 40 constitutional amendments , representing a significant step towards a fully - fledged democratic system . it is important to support the process of reforms . therefore , political and economic support from the union to jordan ' s reform process is not only consistent with the union ' s policy towards the southern mediterranean region , as set out in the context of the enp , but is also in the union ' s interest .


### proposal for a directive of the european parliament and of the council of amending directive 2006 / 66 / ec on batteries and accumulators and waste batteries and accumulators as regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless power tools ### proposal for a directive of the european parliament and of the council amending directive 2006 / 66 / ec on batteries and accumulators and waste batteries and accumulators as regards the placing on the market of portable batteries and accumulators containing cadmium intended for use in cordless power tools and of button cells with low mercury content


### in order to supplement or amend directive 2006 / 66 / ec , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission in respect of annex iii regarding treatment and recycling requirements , criteria for the assessment of equivalent conditions regarding treatment and recycling outside the european union , producer registration , capacity labelling of portable and automotive batteries and accumulators , and exemptions from the labelling requirements . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to supplement or amend directive 2006 / 66 / ec , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of a common methodology for the calculation of annual sales of portable batteries and accumulators to end - users , annex iii regarding treatment and recycling requirements , criteria for the assessment of equivalent conditions regarding treatment and recycling outside the union , producer registration , capacity labelling of portable and automotive batteries and accumulators , and exemptions from the labelling requirements . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### in order to ensure uniform conditions for the implementation of directive 2006 / 66 / ec , implementing powers should be conferred on the commission in respect of transitional arrangements regarding minimum collection rates , a common methodology for the calculation of annual sales of portable batteries and accumulators to end - users , and a questionnaire or outline for national implementation reports . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 28 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of directive 2006 / 66 / ec , implementing powers should be conferred on the commission in respect of transitional arrangements regarding minimum collection rates and a questionnaire or outline for national implementation reports . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### the commission shall establish by means of implementing acts a common methodology for the calculation of annual sales of portable batteries and accumulators to end - users by 26 september 2007 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 24’ . ### the commission shall be empowered to adopt delegated acts in accordance with article 23a in order to establish or amend a common methodology for the calculation of annual sales of portable batteries and accumulators to end - users . ’ ;


### the delegation of power referred to in articles 12 , 15 , article 17 and articles 21 and 21 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive . ### the delegation of power referred to in articles 10 , 12 , 15 , article 17 and article 21 and 21 shall be conferred on the commission for a period of five years from the date of entry into force of this directive . the commission shall draw up a report in respect of the delegations of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the delegation of power referred to in articles 12 , 15 , article 17 and articles 21 and 21 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 10 , 12 , 15 , article 17 and article 21 and 21 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 12 , 15 , article 17 and articles 21 and 21 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ’ ; ### a delegated act adopted pursuant to articles 10 , 12 , 15 , article 17 and article 21 and 21 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ’ ;


### the processing of personal data under this regulation shall comply with the rules on data security adopted by the commission further to article 22 of regulation no 45 / 2001 . ### the commission shall ensure that personal data processed in imi complies with the rules on data security adopted by the commission further to article 22 of regulation no 45 / 2001 .


### imi actors shall ensure that the data subject may effectively exercise the right of access to data relating to him or her , and the right to have inaccurate or incomplete data corrected and unlawfully processed data deleted , in accordance with national legislation . the correction and deletion shall be carried out within 60 days by the imi actor responsible . ### imi actors shall ensure that the data subject may effectively exercise the right of access to data relating to him or her in imi , and the right to have inaccurate or incomplete data corrected and unlawfully processed data deleted , in accordance with national legislation . the correction and deletion shall be carried out as soon as possible but not later than within 30 days after the request of data subject is received by the imi actor responsible .


### the commission and the member states shall ensure that equality between men and women and the integration of the gender perspective are promoted during the various stages of the implementation of the financial contribution . the commission and the member state shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation and type of contract of employment or employment relationship in access to and during the various stages of the implementation of the financial contribution . ### the commission and the member states shall ensure that equality between men and women and the integration of the gender perspective are promoted during the various stages of the implementation of the financial contribution . the commission and the member state shall take appropriate steps to prevent any discrimination based on sex , racial or ethnic origin , religion or belief , disability , age , sexual orientation and type of contract of employment or employment relationship in access to and during the various stages of the implementation of the financial contribution . in applying for and using resources from the european globalisation fund , a member state shall particularly support the more vulnerable groups in society , including women , in whose case the significant gender pay gap also affects the amount of employment insurance benefits , while long - term unemployment further reduces pensions .


### the european agency for the management of operational cooperation at the external borders of the member states of the european union established by council regulation no 2007 / 2004 of 26 october 2004 is responsible for the coordination of operational cooperation between member states in the field of management of the external borders , including as regards border surveillance . the agency is also responsible to assist member states in circumstances requiring increased technical assistance at the external borders , taking into account that some situations may involve humanitarian emergencies and rescue at sea . specific rules with regard to border surveillance activities carried out by maritime and aerial units of one member state at the sea border of other member states or on the high seas in the context of operational cooperation coordinated by the agency are necessary to further strengthen such cooperation . ### the european agency for the management of operational cooperation at the external borders of the member states of the european union established by council regulation no 2007 / 2004 of 26 october 2004 is responsible for the coordination of operational cooperation between member states in the field of management of the external borders , including as regards border surveillance . the agency is also responsible to assist member states in circumstances requiring increased technical assistance at the external borders , taking into account that some situations may involve humanitarian emergencies and rescue at sea . specific rules with regard to border surveillance activities carried out by maritime and aerial units of one member state at the sea border of other member states or on the high seas in the context of operational cooperation coordinated by the agency are necessary to further strengthen such cooperation . to this end , the agency shall endeavour to use innovative applications of existing technologies in order to improve and simplify information gathering as well as information sharing especially for those maritime areas facing the greatest pressure of unauthorised crossings and having the greater difficulty , because of geographical and climatic reasons , to adequately monitor such traffic .


### ‘ place of safety’ means a location where rescue operations are considered to terminate and where the survivors ' safety of life including as regards the protection of their fundamental rights is not threatened , where their basic human needs can be met and from which transportation arrangements can be made for the survivors ' next destination or final destination ; ### ‘ place of safety’ means a location where rescue operations are considered to terminate and where the survivors ' safety of life including as regards the protection of their fundamental and human rights is ensured , where their basic human needs can be met and from which transportation arrangements can be made for the survivors ' next destination or final destination ;


### border guards participating in a sea operation shall be trained with regard to relevant provisions of fundamental rights , refugee law and the international legal regime of search and rescue . ### border guards participating in a sea operation shall be trained with regard to relevant provisions of fundamental rights , refugee law and the international legal regime of search and rescue , and provided with specialised practical training in on - the - spot assistance to people in distress , particularly the provision of humanitarian assistance and emergency medical care .


### upon detection , the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and , pending further measures , it shall be surveyed at a prudent distance . the participating units shall communicate information about the ship immediately to the international coordination centre . ### upon detection , the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and , pending further measures , it shall be surveyed at a prudent distance taking all due precautions . the participating units shall communicate information about the ship immediately to the international coordination centre .


### requesting information and documentation on ownership , registration and elements relating to the voyage , and on the identity , nationality and other relevant data on persons on board ; ### requesting information and documentation on ownership , registration , provenance , point of departure and other elements relating to the voyage , and on the identity , nationality and other relevant data on persons on board ;


### in the zone contiguous to the territorial sea of a member state , which is a host member state or a participating member state , the measures laid down in article 6 shall be taken in accordance with article 6 . ### in the formally proclaimed zone contiguous to the territorial sea of a member state , which is a host member state or a participating member state , the measures laid down in article&#160 ; 6 shall be taken in accordance with article&#160 ; 6 .


### in the case of search and rescue situations as laid down in article 9 , the participating units shall cooperate with the responsible rescue coordination centre to provide a suitable port or place of safety for the rescued persons and to ensure their rapid and effective disembarkation . ### in the case of search and rescue situations as laid down in article 9 , the participating units shall cooperate with the responsible rescue coordination centre to provide a suitable port or place of safety for the rescued persons and to ensure their rapid and effective disembarkation , subject to the application of article 4 .


### member states shall provide that in the case of a personal data breach , the controller notifies , without undue delay and , where feasible , not later than 24 hours after having become aware of it , the personal data breach to the supervisory authority . the controller shall provide , on request , to the supervisory authority a reasoned justification in cases where the notification is not made within 24 hours . ### member states shall provide that in the case of a personal data breach , the controller notifies , without undue delay and after having become aware of it , the personal data breach to the supervisory authority . for the most serious breaches , member states shall provide that the controller notifies the breach to the supervisory authority not later than 24 hours after having become aware of it .


### member states shall provide that any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this directive shall have the right to receive compensation from the controller or the processor for the damage suffered . ### member states shall provide that any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this directive shall have the right to receive compensation from the controller or the processor for the damage suffered in line with national law .


### it shall apply from . . . [ one year after the date of entry into force of this regulation ] . ### it shall apply from . . . [ two years after the date of entry into force of this regulation ] .


### the promotion of economic , social and territorial cohesion and the establishment of an economic and monetary union are key objectives under the treaties . ### the promotion of economic , social and territorial cohesion and solidarity among member states and the establishment of an economic and monetary union are key objectives under the treaties . further , requirements linked to the promotion of a high level of employment , the guarantee of adequate social protection , the fight against social exclusion , and a high level of education , training and protection of human health should be taken into account ;


### member states should invest the support received under eisf in eligible public investment and also maintain the level of public investment in general compared to the average level of public investment over the five last years in order to ensure that the objective pursued by this regulation is achieved . in that respect , there is the expectation that member states should give priority to maintaining eligible investment in programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund , the european maritime and fisheries fund and the european agricultural fund for rural development . . ### member states should invest the support received under eisf in eligible public investment and also maintain at least the level of public investment in general compared to the average level of public investment over the five last years before the request of support in order to ensure that the objective pursued by this regulation is achieved . in that respect , there is the expectation that member states should give priority to maintaining eligible investment in programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund plus , the european maritime and fisheries fund and the european agricultural fund for rural development ;


### the unprecedented financial crisis and economic downturn that hit the world and the euro area has shown that in the euro area available instruments such as the single monetary policy , automatic fiscal stabilisers and discretionary fiscal policy measures at national level are insufficient to absorb large asymmetric shocks . ### the unprecedented global financial crisis and economic downturn has shown the strong limitations in the euro area of the available instruments based almost exclusively in the single monetary policy and automatic fiscal stabilisers , structural reforms and discretionary fiscal policy measures at national level which have shown their insufficiency to absorb large asymmetric shocks even in member states with low levels of debt and with sound public finances which reveal the need to develop instruments that enhance political and budgetary coordination at the eu level ;


### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of those reform priorities . those strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and / or union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund , the european maritime and fisheries fund and the european agricultural fund for rural development , , the eisf and investeu , where relevant . ### at union level , the european semester of economic and social policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of those reform priorities . those strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and / or union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund plus , the european maritime and fisheries fund and the european agricultural fund for rural development , , the eisf and investeu , where relevant ;


### gross fixed capital formation financed by programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund , the european maritime and fisheries fund and the european agricultural fund for rural development ; ### gross fixed capital formation financed by programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund plus , the european maritime and fisheries fund and the european agricultural fund for rural development .


### the commission may nevertheless conclude when adopting the decision in accordance with article 6 that such level of public investment is unsustainable , in which case it shall determine the level of public investment to be maintained . ### the commission may nevertheless conclude when adopting the decision in accordance with article 6 that such level of public investment is unsustainable , if possible , giving reasons , in which case it shall determine the level of public investment to be maintained ;


### strenghtening economic cohesion amongst member states whose currency is the euro would contribute to the stability of the monetary union and to the harmonious development of the union as a whole . ### strengthening economic cohesion amongst member states whose currency is the euro would contribute to the stability of the monetary union and to the harmonious development of the union as a whole , aiming at full employment and social cohesion ;


### maintain the same level of its public investment compared to the average level of its public investment in the five previous years . ### maintain at least the same level of its public investment compared to the average level of its public investment in the five previous years before the request of support ;


### a member state shall be considered to experience a large asymmetric shock if the following activation criteria are simultaneously fulfilled : ### a member state shall be considered to experience a large asymmetric shock if at least three of the following activation criteria are fulfilled :


### eisf should be considered as a first step in the development over time of a fully - fledged insurance mechanism to cater for macro - economic stabilisation . currently , eisf would be based on loans and granting of interest rate subsidies . in parallel , it is not excluded that the esm or its legal successor would be involved in the future by providing financial assistance to member states whose currency is the euro facing adverse economic conditions in support of public investment . moreover , a voluntary insurance mechanism with a borrowing capacity based on voluntary contributions by member states could be set up in the future to provide for a powerful instrument for the purpose of macro - economic stabilisation against asymmetric shocks . ### eisf should be considered as a step towards the development over time of a fully - fledged insurance mechanism to cater for macro - economic stabilisation . currently , eisf would be based on loans and granting of interest rate subsidies . in parallel , it is not excluded that the esm or its legal successor would be involved in the future by providing financial assistance to member states whose currency is the euro facing adverse economic conditions in support of public investment . moreover , an insurance mechanism with a borrowing capacity based on contributions by member states should be set up in the future to provide for a powerful instrument for the purpose of macro - economic stabilisation against asymmetric shocks . in the future consideration could be given as whether the commission should evaluate the possibility to create a macro - economic stabilization function to confront asymmetric shocks or a significant downturn ;


### the year following the disbursement of the eisf loan , the commission shall examine whether the member state concerned has respected the criteria referred to in paragraph 1 . in particular , the commission shall also verify the extent to which the member state concerned has maintained eligible public investment in programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund , the european maritime and fisheries fund and the european agricultural fund for rural development . ### one year after the disbursement of the eisf loan , the commission shall examine whether the member state concerned has respected the criteria referred to in paragraph 1 . in particular , the commission shall also verify the extent to which the member state concerned has maintained eligible public investment in programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund plus , the european maritime and fisheries fund and the european agricultural fund for rural development ;


### unless otherwise provided for in an international agreement concluded by the union , one of the following conditions is fulfilled ### unless otherwise provided for in an international agreement on wet - lease signed by the union based on an existing air transport agreement which has been signed before 1 january 2008 , one of the following conditions is fulfilled :


### the commission shall , by [ 5 years after the entry into force of this directive ] , submit a report to the european parliament and to the council on the application of articles 6 and 7 of this directive by the member states . in its report , the commission shall focus in particular on , and shall , as appropriate , make proposals to cover , the following aspects : ### the commission shall , by [ 4 years after the entry into force of this directive ] , submit a report to the european parliament and to the council on the application of articles 6 and 7 of this directive by the member states . in its report , the commission shall focus in particular on , and shall , as appropriate , make proposals to cover , the following aspects :


### this directive lays down the conditions necessary to ensure the interoperability of electronic road toll systems and to facilitate the cross - border exchange of information on the failure to pay road fees in the union . it applies to the electronic collection of all types of road fees , on the entire union road network , urban and interurban , motorways , major and minor roads , and various structures such as tunnels , bridges and ferries . ### this directive lays down the conditions necessary to ensure the interoperability of electronic road toll systems and to facilitate the cross - border exchange of information on the failure to pay road fees in the union . it applies to the electronic collection of all types of road fees , and all unpaid road tolls including those not under the etc system , on the entire union road network , urban and interurban , motorways , major and minor roads , and various structures such as tunnels , bridges and ferries .


### data relating to the owners or holders of the vehicle . ### data necessary to identify and contact to the owners or holders of the vehicle .


### 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 .


### 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 ; ### 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 aa , and shall include : 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 .


### 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 .


### 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 .


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


### where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1 , the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets , to withdraw the product from that market or to recall it . the market surveillance authorities shall inform the commission and the other member states , without delay , of those measures . ### where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1 , the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict products being made available on their national markets or to withdraw the product from that market . the market surveillance authorities shall inform the commission and the other member states , without delay , of those measures .


### “e - commerce” means the online sale of products and services . ### ' e - commerce ' means the online sale of products and services , including any third party elements needed for the provision of the online sale .


### consumer terminal equipment with advanced computing capability related to telephony services ; ### consumer terminal equipment related to telephony 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 .


### the commission’s report shall take into account the viewpoints of the economic stakeholders and relevant non - governmental organisations , including organisations of persons with disabilities and those representing older persons . ### the commission’s report shall take into account the viewpoints of the economic stakeholders and relevant non - governmental organisations , including organisations of persons with disabilities .


### 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 .


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


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this directive 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 related to accessibility , manufacturers 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 . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this directive 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 , manufacturers 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 , 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 .


### 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 ' products ' ; 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 such a way as to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by the following : the products they use in the provision of the service shall be in accordance with the rules laid down in point b ' products ' ; the information about the functioning of the service and about its accessibility characteristics and facilities shall be provided in multiple accessible formats as follows : the information shall be made available in accessible web format and electronic non - web document format by making it understandable , perceivable and operable ; the economic operator shall list and explain how to use the accessibility features of the service and its compatibility with assistive technologies ; the electronic information , including the related online and mobile applications and websites needed in the provision of the service shall be provided in accordance with point ; making websites and mobile based services , including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; providing accessible information to facilitate complementarities with assistive services ; functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations including persons with disabilities .


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


### 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 .


### 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 necessary for market harmonisation purposes , the commission should be able to adopt implementing acts establishing common technical specifications for the accessibility requirements set in this directive .


### telephony services and related consumer terminal equipment with advanced computing capability ; ### telephony services and related consumer terminal equipment ;


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


### the information referred to in paragraph 4 shall include all available details , in particular the data necessary for the identification of the non - compliant product , the origin of the product , the nature of the alleged non - compliance and the risk involved , the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator . in particular , the market surveillance authorities shall indicate whether the non - compliance is due to any of the following : ### the information referred to in paragraph 4 shall include all available details , in particular the data necessary for the identification of the non - compliant product , the origin of the product , the nature of the alleged non - compliance , the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator . in particular , the market surveillance authorities shall indicate whether the non - compliance is due to any of the following :


### 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 .


### 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 .


### 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 .


### the preparation and implementation of programmes under regulation no 1303 / 2013 of the european parliament and of the council laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund ; 43 and regulation no 1304 / 2013 of the european parliament and of the council . 44 __________________ 43 regulation no 1303 / 2013 of the european parliament and of the council of 17 december 2013 laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund and laying down general provisions on the european regional development fund , the european social fund , the cohesion fund and the european maritime and fisheries fund and repealing council regulation no 1083 / 2006 . 44 regulation no 1304 / 2013 of the european parliament and of the council of 17 december 2013 on the european social fund and repealing council regulation no 1081 / 2006 . ### the preparation and implementation of programmes under regulation no 1303 / 2013 of the european parliament and of the council43 and regulation no 1304 / 2013 of the european parliament and of the council44 , adopted or implemented after . . . [ six years after the date of entry into force of this directive ] . __________________ 43 regulation no 1303 / 2013 of the european parliament and of the council of 17 december 2013 laying down common provisions on the european regional development fund , the european social fund , the cohesion fund , the european agricultural fund for rural development and the european maritime and fisheries fund and laying down general provisions on the european regional development fund , the european social fund , the cohesion fund and the european maritime and fisheries fund and repealing council regulation no 1083 / 2006 . 44 regulation no 1304 / 2013 of the european parliament and of the council of 17 december 2013 on the european social fund and repealing council regulation no 1081 / 2006 .


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


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


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


### 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 .


### manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this directive 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 related to accessibility , manufacturers 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 . ### manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this directive 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 , manufacturers 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 , in the course of that evaluation , the market surveillance authorities find that the product does not comply with the requirements laid down in this directive , they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the product into compliance with those requirements , to withdraw the product from the market , or to recall it within a reasonable period , commensurate with the nature of the risk , as they may prescribe . ### where , in the course of that evaluation , the market surveillance authorities find that the product does not comply with the requirements laid down in this directive , they shall without delay require the relevant economic operator to take all such appropriate corrective action to bring the product into compliance with those requirements or to withdraw the product from the market , commensurate with the nature of the non - compliance , as they may prescribe .


### 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 .


### 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 .


### ensuring the accessibility of the products used in the provision of the service , in accordance with the rules laid down in part a ; ### the products used in the provision of the service , in accordance with the rules laid down in part a ;


### 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 .


### “e - commerce” means the online sale of products and services . ### ' e - commerce ' means the online sale of products and services , including any third party elements needed for the provision of the online sale .


### 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 .


### chapters i , ii to v , and vii , apply to the following services : ### chapters i , ii to v , and vii , apply to the following services provided after . . . [ six years after the date of entry into force of this directive ] , without prejudice to article 27a :


### all economic operators intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this directive . it is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process . ### all economic operators falling within the scope of this directive and intervening in the supply and distribution chain should ensure that they make available on the market only products which are in conformity with the accessibility requirements of this directive . it is necessary to provide for a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution process .