### 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 consumer equipment with advance computing capability ' 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 on ' related consumer equipment with advance computing capability ' ; 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 .


### 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 .


### 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 .


### 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 .


### 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 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 d ; 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 ; 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 .


### e - books ; ### e - books and access to e - books ;


### 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 overall aim of the ' digital single market strategy ' , is to deliver sustainable economic and social benefits from a connected digital single market . union consumers still do not enjoy the full benefits of prices and choice that the single market can offer , because cross - border online transactions are still very limited . fragmentation also limits demand for cross - border e - commerce transactions . there is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities . it is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all union citizens regardless of their abilities can enjoy its benefits . ### the overall aim of the ' digital single market strategy ' , is to deliver sustainable economic and social benefits from a connected digital single market , facilitating trade and promoting employment within the union . union consumers still do not enjoy the full benefits of prices and choice that the single market can offer , because cross - border online transactions are still very limited . fragmentation also limits demand for cross - border e - commerce transactions . there is also a need for concerted action to make sure that new electronic content is also fully available to persons with disabilities and persons with age related or other impairments . it is therefore necessary to harmonise accessibility requirements across the digital single market and to ensure that all union citizens regardless of their abilities can enjoy its benefits .


### public contracts and concessions which are subject to directive 2014 / 23 / eu42 directive 2014 / 24 / eu and directive 2014 / 25 / eu . __________________ 42 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts ### public contracts including mixed contracts , the object of which is intended for use by persons , whether general public or staff of the contracting authority or contracting entity , and that are subject to directive 2014 / 24 / eu and directive 2014 / 25 / eu , where technical specifications are drawn up so as to take into account accessibility criteria for persons with disabilities in compliance with those directives .


### 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 .


### where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure , manufacturers shall draw up an eu declaration of conformity and affix the ce marking . ### where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure , manufacturers shall draw up an eu declaration of conformity .


### 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 .


### before making a product available on the market distributors shall verify that the product bears the ce marking , that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end - users in the member state in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 5 and and article 7 . ### before making a product available on the market distributors shall verify that the product is in conformity with this directive and is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end - users in the member state in which the product is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 5 and and article 7 .


### the european disability strategy 2010 - 2020 – a renewed commitment to a barrier - free europe – in line with the convention , establishes accessibility as one of the eight areas of action , and aims at ensuring accessibility of products and services . __________________ 33 com 636 . ### the european disability strategy 2010 - 2020 – a renewed commitment to a barrier - free europe – in line with the convention , establishes accessibility as one of the eight areas of action , which is a basic precondition for participation in society and aims at ensuring accessibility of products and services . __________________ 33 com 636 .


### in order to facilitate conformity assessment with applicable requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with regulation no 1025 / 2012 of the european parliament and of the council39 for the purpose of expressing detailed technical specifications of those requirements . the commission has already issued a number of standardisation requests to the european standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards . __________________ 39 regulation no 1025 / 2012 of 25 october 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council ### in order to facilitate conformity assessment with applicable accessibility requirements it is necessary to provide for a presumption of conformity for products and services which are in conformity with voluntary harmonised standards that are adopted in accordance with regulation no 1025 / 2012 of the european parliament and of the council39 for the purpose of expressing detailed technical specifications of those requirements . the commission has already issued a number of standardisation requests to the european standardisation organisations on accessibility which would be relevant for the preparation of harmonised standards . __________________ 39 regulation no 1025 / 2012 of 25 october 2012 of the european parliament and of the council on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council


### 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 a specific set of public sector bodies’ websites and mobile applications . in addition , it establishes 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 and mobile applications . with the purpose of , notably , ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website or mobile application , 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 not covered by that directive , fall under the scope of this directive , 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 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 .


### 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 .


### 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 appropriate corrective action to bring the product into compliance with those requirements .


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


### design and production : the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable ; must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### design and production : the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by complying with the following accessibility requirements : the information on the use of the product provided on the product itself , which shall be provided in multiple accessible formats and which : shall be available by more than one sensory channel ; shall be understandable ; shall be perceivable ; shall have an adequate size of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; when relevant , compatibility with assistive devices and technologies available at union level , including hearing technologies such as hearing aids , telecoils , cochlear implants and assistive listening devices ;


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


### the demand for accessible products and services is high and the number of citizens with disabilities and / or functional limitations will increase significantly with the ageing of the european union ' s population . an environment where products and services are more accessible allows for a more inclusive society and facilitates independent living . ### the demand for accessible products and services is high and the number of citizens with disabilities and / or functional limitations will increase significantly with the ageing of the european union ' s population . an environment where products and services are more accessible allows for a more inclusive society and facilitates independent living for persons with disabilities . other persons , who also have any physical , mental , intellectual or sensory impairment , age related impairment , or other human body performance related causes , permanent or temporary which in interaction with various barriers result in their reduced access to products and services , leading to a situation that requires adaptation to their particular needs of those products and services , may also benefit from more accessible products and services .


### before placing a product on the market importers shall ensure that the conformity assessment procedure set out in annex ii has been carried out by the manufacturer . they shall ensure that the manufacturer has drawn up the technical documentation required by that annex , that the product bears the ce marking and is accompanied by the required documents and that the manufacturer has complied with the requirements set out in article 5 and . ### before placing a product on the market importers shall ensure that products are in conformity with this directive . they shall ensure that the products are accompanied by the required documents and that the manufacturer has complied with the requirements set out in article 5 and .


### manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end - users , as determined by the member state concerned . ### manufacturers shall ensure that the product is accompanied by instructions in a language which can be easily understood by consumers and end - users , as determined by the member state concerned .


### 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 .


### 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 .


### 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 . 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 . __________________ 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 .


### only in those cases where it is necessary for the prevention of an immediate and serious threat to public security may the competent authorities of a member state request directly the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 and . such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned . passenger information units shall respond to such requests as a matter of priority . in all other cases the competent authorities shall channel their requests through the passenger information unit of their own member state . ### only in those cases where it is strictly necessary for the prevention of an immediate and serious threat to public security may the competent authorities of a member state request directly the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 and . such requests shall relate to a specific investigation or prosecution of terrorist offences or serious transnational crime and shall be reasoned . passenger information units shall respond to such requests as a matter of priority . in all other cases the competent authorities shall channel their requests through the passenger information unit of their own member state .


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


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements , as deemed necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious crime . passenger information units shall provide the requested data as soon as practicable and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and . ### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements , as deemed necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . passenger information units shall provide the requested data as soon as practicable and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and .


### 24 to 48 hours before the scheduled time for flight departure ; ### once , 24 to 48 hours before the scheduled time for flight departure ;


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


### two or more member states may establish or designate a single authority to serve as their passenger information unit . such passenger information unit shall be established in one of the participating member states and shall be considered the national passenger information unit of all such participating member states . the participating member states shall agree on the detailed rules for the operation of the passenger information unit and shall respect the requirements laid down in this directive . ### two or more member states may establish or designate a single authority to serve as their passenger information unit . such passenger information unit shall be established in only one of the participating member states and shall be considered the national passenger information unit of all such participating member states . the participating member states shall agree jointly on the detailed rules for the operation of the passenger information unit and shall respect the requirements laid down in this directive .


### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation , as laid down in article 21 of the charter of fundamental rights of the european union .


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime . ### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in the most exceptional circumstances in response to a specific real - time threat or a specific investigation or prosecution related to terrorist offences or serious transnational crime .


### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which , do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive . ### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which do not transmit the data required under this directive , to the extent that they are already collected by them , or do not do so in the required format , or do not handle and process the data in accordance with the data protection rules laid down in this directive and in directive 95 / 46 / ec , or otherwise infringe the national provisions adopted pursuant to this directive .


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


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


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


### responding , on a case - by - case basis , to duly reasoned requests from competent authorities to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious crime , and to provide the competent authorities with the results of such processing ; and ### responding , on a case - by - case basis , to duly reasoned requests from competent authorities to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious transnational crime , and to provide the competent authorities with the results of such processing ; and


### the competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . such sensitive data shall be permanently deleted not later than 30 days from the last receipt of pnr containing such data by competent authorities .


### member states shall ensure that the pnr data are deleted upon expiry of the period specified in paragraph 2 . this obligation shall be without prejudice to cases where specific pnr data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state . ### member states shall ensure that the pnr data are permanently deleted upon expiry of the period specified in paragraph 2 . this obligation shall be without prejudice to cases where specific pnr data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state .


### immediately after flight closure , that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board . ### once , immediately after flight closure , that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board .


### on the basis of information provided by the member states , the commission shall : review the feasibility and necessity of including internal flights in the scope of this directive , in the light of the experience gained by those member states that collect pnr data with regard to internal flights . the commission shall submit a report to the european parliament and the council within two years after the date mentioned in article 15 ; undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### on the basis of information provided by the member states , the commission shall undertake a review of the operation of this directive and submit a report to the european parliament and the council within two years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to compliance with the standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . ### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities .


### ‘ passenger name record’ or ' pnr data ' means a record of each passenger’s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person , whether it is contained in reservation systems , departure control systems or equivalent systems providing the same functionalities ; ### ‘ passenger name record’ or ' pnr data ' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person , whether it is contained in reservation systems , departure control systems or equivalent systems providing the same functionalities . passenger data includes data created by air carriers or their authorised agents for each journey booked by or on behalf of any passenger and contained in carriers’ reservation systems , dcs , or equivalent systems providing similar functionality . pnr data consists of the data fields set out in the annex ;


### ' serious transnational crime ' means the offences under national law referred to in article 2 of council framework decision 2002 / 584 / jha if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a member state , and if : they are committed in more than one state ; they are committed in one state but a substantial part of their preparation , planning , direction or control takes place in another state ; they are committed in one state but involve an organised criminal group that engages in criminal activities in more than one state ; or they are committed in one state but have substantial effects in another state . ### ' serious transnational crime ' means the following offences under national law referred to in article 2 of framework decision 2002 / 584 / jha : – participation in a criminal organisation , – terrorism , – trafficking in human beings , – sexual exploitation of children and child pornography , – illicit trafficking in narcotic drugs and psychotropic substances , – illicit trafficking in weapons , munitions and explosives , – laundering of the proceeds of crime , – counterfeiting currency , including of the euro , – computer - related crime , – murder , grievous bodily injury , – illicit trade in human organs and tissue , – kidnapping , illegal restraint and hostage - taking , – organised or armed robbery , – forgery of means of payment , – illicit trafficking in hormonal substances and other growth promoters , – illicit trafficking in nuclear or radioactive materials , – rape , – arson , – crimes within the jurisdiction of the international criminal court , – unlawful seizure of aircraft / ships , – sabotage , if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years under the national law of a member state , and if : they are committed in more than one state ; they are committed in one state but a substantial part of their preparation , planning , direction or control takes place in another state ; they are committed in one state but involve an organised criminal group that engages in criminal activities in more than one state ; or they are committed in one state but have substantial effects in another state . member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality .


### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the instructions set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 . ### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the required documents , by the instructions and other information set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 .


### connexion systems for equipment referred to in point that are not held or worn by a person , that are intended to connect that equipment to an external device or structure , that are removable and not intended to be permanently fixed to a structure ; ### connexion systems for equipment referred to in point that are not held or worn by a person , but which are essential to the equipment ' s function , that are intended to connect that equipment to an external device or structure , that are removable and not intended to be permanently fixed to a structure ;


### all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that ppe protects the health and safety of persons and that they make available on the market only products which comply with this regulation . this regulation should provide a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution chain . ### all economic operators intervening in the supply and distribution chain should take appropriate measures to ensure they make available on the market only ppe which is in conformity with this regulation . this regulation should provide a clear and proportionate distribution of obligations which correspond to the role of each economic operator in the supply and distribution chain .


### in order to ensure compliance with the essential safety requirements , it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer . directive 89 / 686 / eec classifies ppe into three categories that are subject to different conformity assessment procedures . in order to ensure a consistently high level of safety for all ppe , the list of products subject to one of the conformity assessment procedures relating to the production phase should be enlarged . the conformity assessment procedures for each category of ppe should be set , as far as possible , on the basis of the conformity assessment modules laid down in decision no 768 / 2008 / ec . ### in order to ensure compliance with the essential health and safety requirements , it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer . directive 89 / 686 / eec classifies ppe into three categories that are subject to different conformity assessment procedures . in order to ensure a consistently high level of safety for all ppe , the list of products subject to one of the conformity assessment procedures relating to the production phase should be enlarged . the conformity assessment procedures for each category of ppe should be set , as far as possible , on the basis of the conformity assessment modules laid down in decision no 768 / 2008 / ec .


### some products on the market that provide a protective function to the user are excluded from the scope of directive 89 / 686 / eec . in order to ensure as high level of protection for the user of those products as for the ppe covered by directive 89 / 686 / eec , the scope of this regulation should include ppe for private use against damp , water and heat , in line with similar ppe for professional use which is already covered by directive 89 / 686 / eec . artisanal products , such as handmade gloves , for which the manufacturer does not explicitly claim a protective function are not personal protective equipment ; they are therefore not concerned by this inclusion . it is also appropriate to clarify the exclusion list set out in annex i to directive 89 / 686 / eec by adding a reference to products covered by other legislation and therefore are excluded from the ppe regulation . ### some products on the market that provide a protective function to the user are excluded from the scope of directive 89 / 686 / eec where they are only intended for private use . in order to provide a high level of protection , items for protecting the hands against extreme heat in a domestic environment should be included within the scope of this regulation if they specifically make a protective claim . artisanal products , such as handmade gloves and oven gloves , for which the manufacturer does not explicitly claim a protective function are not personal protective equipment ; they should therefore not be included in the scope of this regulation . instead , self - certification should be encouraged for those products . many manufacturers are already doing this today .


### economic operators should be responsible for the compliance of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of public interests , such as health and safety , and the protection of users and to guarantee fair competition on the union market . ### economic operators should be responsible for the compliance of the ppe , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of public interests , such as health and safety , and the protection of users and , where appropriate , other persons , to guarantee fair competition on the union market .


### conformity assessment bodies shall take out liability insurance unless liability is assumed by the state in accordance with national law , or the member state itself is directly responsible for the conformity assessment . ### conformity assessment bodies shall take out liability insurance unless liability is assumed by the member state in accordance with national law , or the member state itself is directly responsible for the conformity assessment .


### an importer or distributor shall be considered a manufacturer for the purposes of this regulation and he shall be subject to the obligations of the manufacturer set out in article 8 where he places ppe on the market under his name or trademark or modifies ppe already placed on the market in such a way that the conformity with the applicable essential health and safety requirements set out in annex ii may be affected . ### an importer or distributor shall be considered a manufacturer for the purposes of this regulation and he shall be subject to the obligations of the manufacturer set out in article 8 where he places ppe on the market under his name or trademark or modifies ppe already placed on the market in such a way that compliance with this regulation may be affected .


### to this end , protective glasses must be so designed and manufactured as to possess , for each harmful wave length , a spectral transmission factor such that the radiant - energy illumination density capable of reaching the user ' s eye through the filter is minimized and , under no circumstances , exceeds the maximum permissible exposure value . ### to this end , eye protective equipment must be so designed and manufactured as to possess , for each harmful wave length , a spectral transmission factor such that the radiant - energy illumination density capable of reaching the user ' s eye through the filter is minimized and , under no circumstances , exceeds the maximum permissible exposure value .


### certificates shall be issued for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met . ### certificates shall be issued for a maximum period of time as defined by the certification scheme and may be renewed , under the same conditions , provided that the relevant requirements continue to be met .


### the reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this directive . ### the reports referred to in paragraph 1 shall include an evaluation of the environmental and socioeconomic impacts of this directive .


### the national air pollution control programme shall be updated every two years . ### the national air pollution control programme shall be updated every four years .


### member states shall , to the extent necessary , include the emission reduction measures laid down in part 1 of annex iii or measures having equivalent environmental effect , with a view to meeting the relevant national emission reduction commitments . ### member states may include the emission reduction measures laid down in part 1 of annex iii or measures having equivalent environmental effect , with a view to meeting the relevant national emission reduction commitments .


### if undertakings established in the territory of a member state are obliged by law , regulation , administrative provision or collective agreement , to sub - contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration , , the member state may , on a non–discriminatory and proportionate basis , provide that such undertakings shall be under the same obligation regarding subcontracts with undertakings referred to in article 1 posting workers to its territory . ### if undertakings established in the territory of a member state are obliged by law , regulation , administrative provision or collective agreement , to sub - contract in the context of their contractual obligations only to undertakings that guarantee certain terms and conditions of employment covering remuneration , the member state making use of the option provided for in this paragraph shall ensure that an undertaking concluding subcontracts with another undertaking as referred to in article 1 of this directive informs that undertaking in writing about the terms and conditions of employment covering remuneration which have to be guaranteed before the parties enter into relevant contractual relationships .


### for the purpose of this directive , remuneration means all the elements of remuneration rendered mandatory by national law , regulation or administrative provision , collective agreements or arbitration awards which have been declared universally applicable and / or , in the absence of a system for declaring collective agreements or arbitration awards to be of universal application , other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph , in the member state to whose territory the worker is posted . ### in the context of this directive , remuneration shall be defined in accordance with the national law and / or practice of the member state to whose territory the worker is posted , by means of national law , regulation or administrative provision , collective agreements or arbitration awards which have been declared universally applicable or , in the absence of a system for declaring collective agreements or arbitration awards to be of universal application , other collective agreements or arbitration awards within the meaning of paragraph 8 second subparagraph , in the member state to whose territory the worker is posted . for the calculation of the remuneration within the meaning of this directive minimum rates of pay , including pay for hourly work and / or piecework according to pay groups and overtime rates , allowances , bonuses as well as other mandatory elements shall be taken into account . the elements used for the calculation of the remuneration need to constitute elements that are paid to locally hired workers according to the provisions of this article . if expenses incur on account of the posting , such as travel , board and lodging and are provided by the employer , these expenses paid as a compensation shall not be considered to be part of the minimum rates of pay .


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


### because of the highly mobile nature of work in international road transport , the implementation of the posting of workers directive raises particular legal questions and difficulties . it would be most suited for these challenges to be addressed through sector - specific legislation together with other eu initiatives aimed at improving the functioning of the internal road transport market . ### because of the highly mobile nature of work in international transport , the posting of workers raises particular legal questions and difficulties . the commission has announced that it will address this issue through sector - specific legislation and by that means exempt this sector from the provisions of directive 96 / 71 / ec . therefore , transport services such as transit , international transport and linked cabotage are excluded from the scope of this directive .


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


### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration in accordance with point . ### member states shall publish in the single official national website referred to in article 5 of directive 2014 / 67 / eu the constituent elements of remuneration , their geographic and personal scope and the method of calculation in accordance with point . for the purpose of calculating the sums due to a posted worker , double payments of equal or similar nature shall be avoided . a miscalculation or omission of payments to a posted worker resulting from inaccessible , incorrect or insufficient information published in the single official national website will not be sanctioned by national authorities .


### the elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers . it is therefore justified to impose on member states the obligation to publish the constituent elements of remuneration on the single website provided for by article 5 of the enforcement directive . ### the information on constituent elements of remuneration under national law or collective agreements or arbitration awards which have been declared universally applicable within the meaning of article 3 should be clear , up to date , transparent and publicly available to all service providers . it is therefore justified to impose on member states the obligation to publish this information on the single website provided for by article 5 of the enforcement directive . social partners are also obliged to make public all collective agreements , which are applicable according to this directive . similarly , foreign subcontractors should be informed in writing about terms and conditions of employment that they should apply towards posted workers .


### the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra . ### the management board shall be composed of one representative from each member state and one representative of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra .


### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations , in accordance to article 26 . ### in so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks , berec may , where appropriate , consult the relevant nras and cooperate with competent union bodies , agencies , offices and advisory groups , with competent authorities of third countries and / or with international organisations .


### the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra . ### the management board shall be composed of one member from each member state and one representative of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or other high - level representative of the nra .


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


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


### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering or when the perpetrator is a politically exposed person , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime ,


### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least four years , at least in serious cases . ### each member state shall ensure that the offences referred to in article 3 shall be punishable by a minimum term of imprisonment of three years , particularly where aggravating circumstances described in article 6 are applicable .


### all offences , including tax crimes relating to direct taxes and indirect taxes as defined in the national law of the member states , which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or , as regards member states that have a minimum threshold for offences in their legal system , all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months ; ### all other offences which are punishable by deprivation of liberty or a detention order for a maximum of more than one year or , as regards member states that have a minimum threshold for offences in their legal system , all offences punishable by deprivation of liberty or a detention order for a minimum of more than six months ;


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### for the effective countering of money laundering by criminal law measures , a conviction should be possible without being necessary to identify the specifics of the crime that generated the property , the type of crime that generated the property , let alone require a prior or simultaneous conviction for that crime . moreover , member states should take the necessary measures to ensure that the lawful origin of property , wealth and assets is demonstrated by the investigated person in every case involving large amounts of money of unclear origin , suspicious acquisitions or bank transactions , money transfer schemes such as hawala or any other potential proceeds of crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , or that the person being investigated comes from a member state where she / he is protected by immunity from prosecution , arrest and detention .


### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec . ### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those growing problems and also reinforce the application of directive 2015 / 849 / eu34 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _________________ 34 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


### the identity of the perpetrator of the criminal activity that generated the property or other circumstances relating to that criminal activity ; ### the identity of the perpetrator of the criminal activity , the type of crime that generated the property or other circumstances relating to that criminal activity ;


### ' cross - border region ' means the territory covered by neighbouring land border regions in two or more member states at nuts level 3 regions ; ### ' cross - border region ' means the territory covered by neighbouring land and maritime border regions in two or more member states at nuts level 3 regions ;


### where member states restrict the number of customs offices competent to release cultural goods for free circulation or to place them under a special procedure other than transit , they shall communicate the details of those customs offices as well as any changes in that respect to the commission . ### member states may restrict the number of customs offices competent to allow the import of cultural goods . where member states apply that restriction , they shall communicate the details of those customs offices as well as any changes in that respect to the commission .


### an electronic system may be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences . ### an electronic system shall be developed for the storage and the exchange of information between the authorities of the member states within the framework of regulation no 952 / 2013 . any such system shall address the receipt , processing , storage and exchange of import licences .


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex ;


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the union , the templates for import licence applications and forms , as well as for importer statements and their accompanying documents , as well as further procedural rules on their submission and processing . implementing powers should also be conferred on the commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between member states in the framework of the regulation no 952 / 2013 . such establishment can form part of the work programme established under article 280 of that regulation . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council28 . __________________ 28 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### member states shall organise training and capacity building activities to ensure the effective implementation of this regulation by the authorities concerned . they may also use awareness - raising campaigns to sensitise in particular buyers of cultural goods . ### the commission , with the cooperation of the member states , shall organise : training and capacity - building activities and awareness - raising campaigns to ensure the effective implementation of this regulation , ii . actions to foster the effective cooperation of source countries iii . an exchange of best practices aimed at promoting uniform implementation of this regulation , especially the appropriate practices from member states that have national legislation in force on the import of cultural goods before the entry into force of this regulation .


### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , 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 modifications to the minimum age threshold criterion for the different categories of cultural goods . that delegation should also allow the commission to update the annex following amendments to the combined nomenclature . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 . ### in order to take account of experience with the implementation of this regulation and of changing geopolitical and other circumstances which place cultural goods at risk , while not impeding trade with third countries disproportionally , 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 modifications to the annex following amendments to the combined nomenclature . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201627 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . __________________ 27 oj l 123 , 12 . 5 . 2016 , p . 1 .


### the release for free circulation and the placing under a special procedure other than transit in the union of the cultural goods referred to in points , , , , , , , and of the annex shall be subject to the submission of an importer statement to the customs authorities of the member state of entry . ### the import of the cultural goods referred to in points , , , , , , , and of annex i shall be subject to an extended description of goods to be supplied to the customs authorities of the member state of entry .