### waste and scrap resulting from destruction of goods placed under the end - use procedure shall be deemed to be placed under the temporary storage procedure . ### waste and scrap resulting from destruction of goods placed under the end - use procedure shall be deemed to be in temporary storage .


### goods under the temporary storage procedure which are directly re - exported from a temporary storage facility ### goods in temporary storage which are directly re - exported from a temporary storage facility .


### the aim of the galileo programme is to establish and operate the first global satellite navigation and positioning infrastructure specifically designed for civilian purposes . the system established under the galileo programme is completely independent of other existing or potential systems . ### the aim of the galileo programme is to establish and operate the first global satellite navigation and positioning infrastructure specifically designed for civilian purposes . given its dual use nature , member states should be able to exercise their right to use the programme also for security and defence purposes . furthermore , the union should be able to exploit its full potential for the union ' s csdp missions and operations . the system established under the galileo programme is completely independent of other existing or potential systems , thus contributing to the strategic independence and autonomy of the union , as emphasised in 2007 by the european parliament and the council .


### the systems established under the european satellite navigation programmes are infrastructures set up as trans - european networks of which the usage extends well beyond the national boundaries of the member states . furthermore , the services offered through these systems contribute , in particular , to the development of trans - european networks in the areas of transport , telecommunications and energy infrastructures . ### the systems established under the european satellite navigation programmes are infrastructures set up as trans - european networks of which the usage extends well beyond the national boundaries of the member states . furthermore , the services offered through these systems contribute , in particular , to the development of trans - european networks in the areas of transport , telecommunications and energy infrastructures . the use of the services by the union and the member states in other areas such as police , border management , crisis management and defence should be encouraged , thus giving greater impetus to civil - military cooperation .


### given the increasing usage of satellite navigation across a great number of fields of activity , an interruption in the supply of services could lead to significant harm to modern society . in addition , due to their strategic aspect , satellite navigation systems are sensitive infrastructures , that could be susceptible to malicious use . the abovementioned aspects could affect the security of the union and its member states . security requirements must therefore be taken into account in the design , implementation and operation of the infrastructures emerging from the galileo and egnos programmes . ### given the increasing usage of satellite navigation across a great number of fields of activity , an interruption in the supply of services could lead to significant harm to modern society . both the galileo and egnos programmes contribute considerably to the strategic independence and autonomy of the union . due to this strategic aspect , satellite navigation systems are sensitive infrastructures , that could be susceptible to malicious use . the abovementioned aspects could affect the security of the union and its member states . security requirements must therefore be taken into account in the design , implementation and operation of the infrastructures emerging from the galileo and egnos programmes .


### in order to optimise the use of the services provided , the systems , networks and services emerging from the galileo and egnos programmes must be compatible and interoperable with one another and , insofar as possible , with other satellite navigation systems and conventional means of radio navigation . ### in order to optimise the use of the services provided , the systems , networks and services emerging from the galileo and egnos programmes must be compatible and interoperable with one another and , insofar as possible , with other satellite navigation systems and conventional means of radio navigation . interoperability should be in line with the objective of strategic independence of the systems .


### to offer a public regulated service restricted to government - authorised users , for sensitive applications which require a high level of service continuity ; this service uses strong , encrypted signals ; ### to offer a public regulated service restricted to government - authorised users , for applications with sensitive content or of strategic importance which require a high level of service continuity ; this service uses strong , encrypted signals ;


### the systems and their operation shall be secure . ### the systems and their operation shall be secure in view of their implications for the security and defence policy interests of the union and the member states .


### the member states shall not take measures which could harm the progress of the programmes , in particular concerning intellectual property rights and the continuity of the operation of the infrastructures . ### the member states shall not take measures which could harm the progress of the programmes , in particular concerning intellectual property rights and the continuity of the operation of the infrastructures or which could harm the security and defence policy interests of the union or the member states .


### by 30 june 2018 , the commission shall present an evaluation report to the european parliament and the council , with a view to a decision being taken on the renewal , modification or suspension of the measures taken pursuant to this regulation concerning : ### by 30 june 2015 , the commission shall present a mid - term evaluation report and by 30 june 2018 , an evaluation report to the european parliament and the council , with a view to a decision being taken on the renewal , modification or suspension of the measures taken pursuant to this regulation concerning :


### representatives of the european gnss agency and the european space agency may be involved as observers in the work of the committee under the conditions laid down in its rules of procedure . ### representatives of the european gnss agency and the european space agency may be involved as observers in the work of the committee under the conditions laid down in its rules of procedure . if needed , representatives of the european external action service , the european defence agency , the european parliament or national experts on security and defence matters may also be involved as observers in the work of the committee .


### in accordance with article 114 of the treaty of the functioning of the european union , a high level of health protection should be taken as a basis , regard being had , in particular , to any new developments based on scientific facts . tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco , health protection should be given high importance , in particular to reduce smoking prevalence among young people . ### in accordance with article 114 of the treaty of the functioning of the european union , a high level of health protection should be taken as a basis , regard being had , in particular , to any new developments based on scientific facts . tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco , health protection should be given high importance , in particular to reduce smoking prevalence among young people . to that end , it is also essential to continue to provide education , information and prevention campaigns and programmes to help citizens who wish to give up smoking .


### the labelling provisions also need to be adapted to new scientific evidence . for example the indication of the yields for tar , nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others . evidence also suggests that large combined health warnings are more effective than text - only warnings . in this light combined health warnings should become mandatory throughout the union and cover significant and visible parts of the packet surface . a minimum size should be set for all health warnings to ensure their visibility and effectiveness . ### the labelling provisions also need to be adapted to new scientific evidence . for example the indication of the yields for tar , nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others . evidence also suggests that large combined health warnings are more effective than text - only warnings . in this light combined health warnings should become mandatory throughout the union and , to ensure they are effective , cover significant and visible parts of the packet surface .


### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism . the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed . ### in order to ensure the integrity and the visibility of health warnings and maximise their efficacy , provisions should be made regarding the design characteristics of the warnings as well as regarding certain aspects of the appearance of the tobacco package , including the opening mechanism the package and the products may mislead consumers , in particular young people , suggesting that products are less harmful . for instance , this is the case with certain texts or features , such as ‘ low - tar’ , ‘ light’ , ‘ ultra - light’ , ‘ mild’ , ‘ natural’ , ‘ organic’ , ‘ without additives’ , ‘ without flavours’ , ‘ slim’ , names , pictures , and figurative or other signs . likewise , the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful . a recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful . this should be addressed .


### in order to ensure uniform conditions for the implementation of this directive , in particular concerning the format of ingredients reporting , the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 . ### in order to ensure uniform conditions for the implementation of this directive , in particular concerning the format of ingredients reporting and the determination of products with characterising flavours or with increased levels of toxicity and addictiveness , implementing powers should be conferred on the commission those powers should be exercised in accordance with regulation no 182 / 2011 .


### ‘ place on the market’ means to make products available to consumers located in the union , with or without payment , including by means of distance sale ; in case of cross - border distance sales the product is deemed to be placed on the market in the member state where the consumer is located ; ### ' place on the market ' means to make products available to consumers located in the union , with or without payment ;


### ‘ substantial change of circumstances’ means an increase of the sales volumes by product category , such as pipe tobacco , cigar , cigarillo , by at least 10% in at least 10 member states based on sales data transmitted in accordance with article 5 ; or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 member states for the respective product category based on ____ [ this date will be set at the moment of adoption of the directive ] eurobarometer report or equivalent prevalence studies ; ### ‘ substantial change of circumstances’ means an increase of the sales volumes by product category , such as pipe tobacco , cigar , cigarillo , by at least 25% throughout the union based on sales data transmitted in accordance with article 5 ; or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points throughout the union for the respective product category based on ____ [ this date will be set at the moment of adoption of the directive ] eurobarometer report or equivalent prevalence studies


### cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with three official languages . ### cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with more than two official languages .


### the health warning shall comply with the requirements laid down in article 10 . it shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with three official languages . ### the health warning shall comply with the requirements laid down in article 10 . it shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with more than two official languages .


### the airport managing body and the operating air carrier shall ensure that at the check - in desks and at the boarding gate , a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers : &#171 ; if you are denied boarding or if your flight is cancelled or delayed for at least two hours , ask at the check - in counter or boarding gate for the notice stating your rights , particularly with regard to assistance and possible compensation&#187 ; . ### the airport managing body and the operating air carrier shall ensure that at the check - in desks and at the boarding gate , a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers : &#171 ; if you are denied boarding or if your flight is cancelled or delayed for at least two hours , ask at the check - in counter or boarding gate for the notice stating your rights , particularly with regard to the place where you can obtain assistance and with regard to any compensation for which you are eligible&#187 ; .


### the revised annex vi to marpol introduces , inter alia , stricter sulphur limits for marine fuel in secas as well as in sea areas outside secas . most member states are obliged to require ships to use fuel with maximum 1 . 00% sulphur content in secas as of 1 july 2010 based on their international commitments . in order to ensure coherence with international law as well as to secure proper enforcement of new globally established sulphur standards in the union , the provisions of directive 1999 / 32 / ec should be aligned with the revised annex vi to marpol . in order to ensure a minimum quality of fuel used by ships either for fuel or technology based compliance , marine fuel the sulphur content of which exceeds the general standard of 3 . 5 % by mass should not be allowed for use or placing on the market in the union . ### the revised annex vi to marpol introduces , inter alia , stricter sulphur limits for marine fuel in secas as well as in sea areas outside secas . most member states are obliged to require ships to use fuel with maximum 1 . 00% sulphur content in secas as of 1 july 2010 under their international commitments . in order to ensure a minimum quality of fuel used by ships either for fuel - or technology - based compliance , marine fuel the sulphur content of which exceeds the general standard of 3 . 5 % by mass should not be allowed for use or placing on the market in the union .


### member states shall take all appropriate measures to ensure that the lifts covered by this directive may be placed on the market and put into service only if they do not endanger the health or safety of persons or , where appropriate , the safety of property , when properly installed and maintained and used for their intended purpose . ### member states shall take all appropriate measures to ensure that the lifts covered by this directive may be placed on the market and put into service only if they do not endanger the health or safety of persons or , where appropriate , the safety of property , when properly installed and maintained and used for their intended purpose or for a purpose that can be reasonably foreseen within the scope of application of this directive .


### ‘ lack of conformity’ means lack of and improper performance of the travel services included in a package . ### ' improper performance ' means failure to perform or not performing the travel services in accordance with the contract '


### the transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees , charges or other costs arising from the transfer . those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser . ### the transferor of the contract and the transferee should be jointly and severable liable for the payment of the balance due and for any additional fees , charges or other costs arising from the transfer including the cancellation costs of third parties . those cost shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser .


### such measures should aim at removing incentives for the fleets of the country allowing non - sustainable fishing to fish on the stock of common interest . this can be achieved by , for example , restricting imports of fish products caught by vessels conducting fisheries on a stock of common interest under the responsibility of a country allowing non - sustainable fishing , restricting the provision of port services to those vessels , or avoiding that union fishing vessels or union fishing equipment may be used for fishing the stock of common interest under the responsibility of the country allowing non - sustainable fishing . ### such measures should aim at removing incentives for the fleets of the country allowing non - sustainable fishing to fish on the stock of common interest . this can be achieved by , for example , limiting trade in order to protect fish stocks , restricting imports of fish products caught by vessels conducting fisheries on a stock of common interest under the responsibility of a country allowing non - sustainable fishing , restricting the provision of port services to those vessels , or avoiding that union fishing vessels or union fishing equipment may be used for fishing the stock of common interest under the responsibility of the country allowing non - sustainable fishing ;


### the europe 2020 project bond initiative has a double objective : first to help finance projects of european policy priorities , and second , to facilitate greater private sector involvement in the long - term capital market financing of infrastructure projects . it will redirect some eu budget spending towards growth - enhancing areas , taking into account the unions budgetary discipline and the ceilings under the current multiannual financial framework . ### the europe 2020 project bond initiative has a double objective : first to help finance projects of european policy priorities , and second , to provide the requisite credit enhancement to attract capital market investors to the long - term capital market financing of infrastructure projects . it will redirect some eu budget spending towards growth - enhancing areas , taking into account the unions budgetary discipline and the ceilings under the current multiannual financial framework .


### the commission shall establish a union - wide list of projects of common interest . the list shall be reviewed and updated as necessary every two years . the first list shall be adopted by 31 july 2013 at the latest . ### the commission shall establish a union - wide list of projects of common interest . the list shall be reviewed and updated every two years . the first list shall be adopted by 31 july 2013 at the latest .


### projects of common interest falling under the categories set out in points 1 to and 2 of annex ii , except for hydro - pumped electricity storage projects , shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 of article 5 or if they fulfil the following criteria : ### projects of common interest falling under the categories set out in points 1 to and 2 of annex ii shall be also eligible for union financial support in the form of grants for works in accordance with the provisions of [ regulation of the european parliament and the council establishing the connecting europe facility ] , if they are carried out according to the procedure referred to in paragraph 6 of article 5 or if they fulfil the following criteria :


### it is in the union ' s interest to deepen its relations with partners who are playing an increasingly important role in the international economy and trade , in south - south trade and cooperation , in multilateral fora including group of twenty finance ministers and central bank governors , in global governance and in addressing challenges of global concern . the union needs to build comprehensive partnerships with new players on the international scene , in order to promote a stable and inclusive international order , pursue common global public goods , defend core interests of the union and increase knowledge of the union in these countries . ### it is in the union ' s interest to deepen its relations with partners who are playing an increasingly important role in the international economy and trade , in south - south trade and cooperation , in the management of resources and energy markets , in multilateral fora including group of twenty finance ministers and central bank governors , in global governance and in addressing challenges of global concern . the union needs to build comprehensive partnerships with new players on the international scene , in order to promote a stable and inclusive international order , pursue common global public goods , defend core interests of the union and increase knowledge of the union in these countries .


### in particular , fighting climate change is recognised as one of the great challenges which the union faces and the area where urgent international action is necessary . in accordance with the intent stated in the commission communication ‘ a budget for europe 2020’ of increasing the climate related proportion of the union budget to at least 20% , this regulation should contribute to that goal . ### fighting climate change is recognised as one of the global challenges and an area where urgent international action is necessary . therefore , the union should act with a view to securing a global deal on tackling climate change .


### improving market access and developing trade , investment and business opportunities for european companies by means of economic partnerships and business and regulatory cooperation . this objective shall be measured by the union ' s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation ; ### improving market access and developing trade , investment and business opportunities for european companies in particular small and medium - sized enterprises , by means of economic partnerships and business and regulatory cooperation . this objective shall be measured by the union ' s share in foreign trade with key partner countries and by trade and investments flows to partner countries specifically targeted by actions , programmes and measures under this regulation . special attention shall be paid to supporting small and medium - sized enterprises within the union and their internationalisation , bearing in mind their role in the union ' s economy ;


### in implementing this regulation , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies when formulating policy , strategic planning and programming and implementing measures . ### in implementing this regulation and when formulating policy , strategic planning and programming and implementing measures , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies and programmes .


### as referred to in article 13 , paragraph 2 of the ‘ erasmus for all’ regulation , in order to promote the international dimension of higher education , an indicative amount of eur 1 812 100 000 from the different external instruments , will be allocated to actions of learning mobility to or from non eu countries and to cooperation and policy dialogue with authorities / institutions / organisations from these countries . the provisions of the ‘ erasmus for all’ regulation will apply to the use of those funds . ### as referred to in article 13 , paragraph 2 of the ‘ erasmus for all’ regulation , in order to promote the international dimension of higher education , an indicative amount of eur 1 812 100 000 from the different external instruments , will be allocated to actions of learning mobility to or from non eu countries , also encompassing the business sector , and to cooperation and policy dialogue with authorities / institutions / organisations from these countries . the provisions of the ‘ erasmus for all’ regulation will apply to the use of those funds .


### paragraph 1 shall not apply to systems , components or separate technical units produced for vehicles intended exclusively for racing on roads . if systems , components or separate technical units on a list in a delegated act to this regulation have a dual use , for vehicles intended exclusively for racing on roads and for vehicles intended for use on public roads , they may not be sold or offered for sale to consumers . ### paragraph 1 shall not apply to systems , components or separate technical units produced for vehicles intended exclusively for racing vehicles not intended for use on public roads . if systems , components or separate technical units included in the dedicated list in a delegated act to this regulation have a dual use , for vehicles intended exclusively for racing on roads and for vehicles intended for use on public roads , they may not be sold or offered for sale to consumers , unless they comply with the requirements of this article . where appropriate , the commission shall adopt provisions for identifying the parts or equipment referred to in this paragraph .


### in the online music sector , where collective management of authors ' rights on a territorial basis remains the norm , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy . ### unlike other creative sectors where direct licensing plays a more prominent role , the collective management of authors ' rights on a territorial basis remains the norm in the music sector . therefore , it is essential to create conditions conducive to the most effective licensing practices by collecting societies , in an increasingly cross - border context . it is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi - territorial collective licensing of authors ' online rights in musical works . these provisions should ensure the necessary minimum quality of the cross - border services provided by collecting societies , notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights . they should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi - territorial service . these provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi - territorial basis where it cannot fulfil the requirements itself . there should be an obligation on the requested society , provided that it aggregates repertoire and offers or grants multi - territorial licences , to accept the mandate of the requesting society . the development of legal online music services across the union should also contribute to the fight against piracy .


### the provisions of this directive are without prejudice to the application of competition law rules , and any other relevant law in other areas including confidentiality , trade secrets , privacy , access to documents , the law of contract and private international law relating to the conflict of laws and the jurisdiction of courts . ### the provisions of this directive are without prejudice to the application of competition law rules , and any other relevant law in other areas including confidentiality , in particular with respect to individual agreements and non - disclosure agreements , trade secrets , privacy , access to documents , the law of contract and private international law relating to the conflict of laws and the jurisdiction of courts .


### ‘ member of a collecting society’ means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ‘ member of a collecting society’ means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , such as trade unions , fulfilling the membership requirements of the collecting society ;


### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members at all levels of the decision - making process shall be fair and balanced .


### the directive should provide for a flexible entry system based on demand and objective criteria , such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned . ### the directive must provide for a flexible entry system based on demand and objective criteria , such as a valid work contract or a binding job offer that specifies the level of remuneration applicable to seasonal workers in the sector concerned .


### ‘ activity dependent on the passing of the seasons’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations ; ### ‘ seasonal work’ means an activity that is tied to a certain time of the year by an event or pattern during which labour levels are required that are far above those necessary for usually ongoing operations ;


### the main motive for cross - border organised crime is financial gain . in order to be effective , law enforcement and judicial authorities should be given all means to trace , freeze , manage and confiscate the proceeds of crime . ### one decisive outcome of cross - border organised crime is that it generates substantial financial gain . in order to provide the necessary counterweight to this criminal strategy , law enforcement and judicial authorities have to be given all means to trace , freeze , manage and confiscate the proceeds of crime .


### reliable data sources on the freezing and confiscation of the proceeds of crime are scarce . in order to allow for the evaluation of this directive , it is necessary to collect a comparable minimum set of appropriate statistical data on asset tracing , judicial and asset disposal activities . ### reliable data sources on the freezing and confiscation of the proceeds of crime are scarce . in order to allow for the evaluation of this directive , it is necessary to collect a proper set of appropriate comparable statistical data on asset tracing , judicial and asset disposal activities .


### ' proceeds ' means any economic advantage derived from a criminal offence ; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits ; ### ' proceeds ' means any economic advantage derived directly or indirectly from a criminal offence ; it may consist of any form of property and includes any subsequent reinvestment or transformation of direct proceeds by a suspected or accused person and any valuable benefits ;


### ‘ property’ means property of any description , whether corporeal or incorporeal , movable or immovable , and legal documents or instruments evidencing title or interest in such property ; ### ‘ property’ means property of any description , whether corporeal or incorporeal , movable or immovable , and legal documents or instruments evidencing title or interest in such property , as well as property held jointly with a spouse ;


### implementation of the common transport policy requires an efficient air transport system allowing the safe , regular and sustainable operation of air transport services , optimising capacity and facilitating the free movement of goods , persons and services . ### implementation of the common transport policy and the improvement , in all member states , of air traffic control systems require an efficient air transport system allowing the safe , regular and sustainable operation of air transport services , optimising capacity and facilitating the free movement of goods , persons and services ;


### the disparities between the various restriction measures applied to new psychoactive substances can also lead to displacement of harmful new psychoactive substances between the member states , hampering efforts to restrict their availability to consumers and undermining consumer protection across the union . ### the disparities in the provisions governing restrictions on the trade in psychoactive substances significantly increase the risk of illegal smuggling channels arising for these substances and lead to laws being circumvented in order to obtain the necessary permits .


### the disparities between the various restriction measures applied to new psychoactive substances can also lead to displacement of harmful new psychoactive substances between the member states , hampering efforts to restrict their availability to consumers and undermining consumer protection across the union . ### the disparities between the various restriction measures applied to new psychoactive substances can also lead to displacement of harmful new psychoactive substances between the member states , hampering efforts to restrict their availability to consumers and undermining consumer protection across the union . the disparities in the provisions governing restrictions on the trade in psychoactive substances significantly increase the risk of illegal smuggling channels arising for these substances and lead to laws being circumvented in order to obtain the necessary permits .


### in order to facilitate the management of community funding , to help accelerate the investments in the member states and regions and to increase the impact of the funding on the economy it is necessary to further simplify the rules governing cohesion policy . ### in order to facilitate the management of community funding , to help accelerate the investments at all levels of government – from national to local – and to increase the impact of the funding on the economy and its actors , in particular smes , thereby boosting employment , it is necessary to further simplify the rules governing cohesion policy .


### in order to facilitate the adaptation of operational programmes to respond to the current financial and economic crisis , the member states should provide an analysis justifying the revision of an operational programme instead of an evaluation . ### in order to facilitate the adaptation of operational programmes to respond to the current financial and economic crisis and its effects on businesses and employment , the member states should provide an analysis justifying the revision of an operational programme instead of an evaluation .


### in considering whether to grant a registration , the competent authority shall take into account the competence and integrity of the applicant . ### in considering whether to grant a registration , the competent authority shall take into account the competence and previous transaction history of the applicant , as well as any cases in which the applicant has breached the legislation .


### member states shall ensure that any financial loss incurred by the consumer resulting from the non - compliance of a payment service provider involved in the switching process with its obligations under article 10 is refunded by that payment service provider . ### member states shall ensure that fees and charges incurred by the consumer resulting from the errors of a payment service provider involved in the switching process under article 10 are refunded by that payment service provider .


### member states shall ensure that a payment account with basic features includes the following payment services : ### member states shall ensure that a payment account with basic features includes essential payment services . member states shall take into consideration the recommendation 2011 / 442 / eu when determining which payment services are essential .


### member states should examine all applications on the substance , i . e . assess whether the applicant in question qualifies for international protection in accordance with directive [ … / . . / ec ] [ the qualification directive ] except where the present directive provides otherwise , in particular where it can be reasonably assumed that another country would do the examination or provide sufficient protection . in particular , member states should not be obliged to assess the substance of an application for international protection where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection and the applicant will be readmitted to this country . ### member states should examine all applications on the substance , i . e . assess whether the applicant in question qualifies for international protection in accordance with directive [ … / . . / ec ] [ the qualification directive ] . in particular , member states are obliged to assess the substance of an application for international protection where a first country of asylum has granted the applicant refugee status or otherwise sufficient protection and the applicant will be readmitted to this country .


### commercial fisheries in the baltic sea and in rivers connected with it on the territory of member states ; ### commercial fisheries and service vessels in the baltic sea and in rivers connected with it on the territory of member states ;


### recreational fisheries of salmon in the baltic sea where such fisheries are conducted by service vessels . ### recreational fisheries of salmon in the baltic sea and rivers on the territories of member states flowing into the baltic ;


### – decision making on infrastructure charging , including determination and collection of the charges , ### – decision making on infrastructure charging , including determination of the charges ,


### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societies . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use . ### this directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collective management organisations . it also lays down requirements for multi - territorial licensing by collecting societies of authors ' rights in musical works for online use .


### ‘ member of a collecting society’ means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , fulfilling the membership requirements of the collecting society ; ### ‘ member of a collecting society’ means a rightholder or an entity directly representing rightholders , including other collecting societies and associations of rightholders , such as trade unions , fulfilling the membership requirements of the collecting society ;


### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members in the decision - making process shall be fair and balanced . ### the statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society ' s decision - making process . the representation of the different categories of members at all levels of the decision - making process shall be fair and balanced .


### facilitate access to finance for small - and medium - sized enterprises and organisations in the european cultural and creative sectors ; ### facilitate access to finance for small - and medium - sized enterprises and organisations in the european cultural and creative sectors , as well as for private sector organisations , social economy organisations and other relevant civil society organisations ;


### furthermore , the union has been strengthening its bilateral relations with other increasingly prominent middle - income developing countries in asia and latin america by expanding cooperation partnership and policy dialogues to areas and subjects beyond development cooperation . in the case of russia , relations have also evolved , including through the union - russia partnership for modernisation , underlining the importance of russia as a strategic partner for the union both in bilateral relations and in global affairs . ### furthermore , the union has been strengthening its bilateral relations with other increasingly prominent middle - income developing countries in asia and latin america by expanding cooperation partnership and policy dialogues to areas and subjects beyond development cooperation . in the case of russia , relations have also evolved , including through initiatives such as the union - russia partnership for modernisation and the eu - russia energy dialogue , underlining the importance of russia as a strategic partner for the union both in bilateral relations and in global affairs .


### in implementing this regulation , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies when formulating policy , strategic planning and programming and implementing measures . ### in implementing this regulation and when formulating policy , strategic planning and programming and implementing measures , the union shall aim to ensure coherence and consistency with other areas of its external action , in particular the development cooperation instrument for developing countries , and with other relevant union’s policies and programmes .


### the promotion of initiatives and actions of union or mutual interest in areas such as climate change , environmental matters including biodiversity , resource efficiency , raw materials , energy , transport , science , research and innovation , employment and social policy , sustainable development , including promotion of decent work , and corporate social responsibility , south - south trade and cooperation , education , culture , tourism , information and communication technologies , health , justice , customs , taxation , financial , statistics and any other matter pertaining to the union’s specific interests or of mutual interest between the union and third countries ; ### the promotion of initiatives and actions of union or mutual interest in areas such as climate change , environmental matters including biodiversity , resource efficiency , raw materials , transport , employment and social policy , sustainable development , including promotion of decent work , and corporate social responsibility , south - south trade and cooperation , education , culture , tourism , health , justice , customs , taxation , financial , statistics and any other matter pertaining to the union’s specific interests or of mutual interest between the union and third countries ;


### the commission shall adopt a decision , by means of implementing acts , approving the partnership contract no later than six months after its submission by the member state , provided that any observations made by the commission have been satisfactorily taken into account . the partnership contract shall not enter into force before 1 january 2014 . ### the commission shall adopt a decision , by means of implementing acts , approving the partnership contract no later than six months after its submission by the member state , provided that any observations made by the commission have been satisfactorily taken into account . as part of its decision to adopt the partnership contract , the commission shall take account of the effective involvement of the autonomous regional territories called to enter into the partnership contract , in accordance with the institutional system of each member state . the partnership contract shall not enter into force before 1 january 2014 .


### intellectual property rights are vital business assets that help to ensure that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected . ### intellectual property rights are business assets vital to the whole european production system , including small and medium sized enterprises , that help to ensure that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected .


### the constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the union economy , but also to the health and safety of union consumers . therefore , effective , immediate and coordinated actions at european and global levels are needed to successfully combat this phenomenon . ### the constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the union economy , but also to the health and safety of union consumers . therefore , effective , immediate and coordinated actions at european and global levels are needed to successfully combat this phenomenon . in this context , it is worth stressing the importance of greater cooperation and exchange of information between the customs authorities of each member state .


### 4reclamation plant operators shall ensure that reclaimed water destined for a use specified in section 1 of annex i , shall , at the outlet of the reclamation plant , comply with the following : ### 4obligations of reclamation plant operators and distributors as regards water quality


### in order to effectively protect the environment and human health , reclamation plant operators should be primarily responsible for the quality of reclaimed water . for the purposes of compliance with the minimum requirements and any additional conditions , set by the competent authority , reclamation plant operators should monitor the quality of reclaimed water . it is therefore appropriate to establish the minimum requirements for monitoring , consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring . certain requirements for routine monitoring are specified in accordance with directive 91 / 271 / eec . ### in order to effectively protect the environment and human health , distributors and reclamation plant operators should be primarily responsible for the quality of reclaimed and distributed water . for the purposes of compliance with the minimum requirements and any additional conditions , set by the competent authority , reclamation plant operators and distributors should monitor the quality of reclaimed water . it is therefore appropriate to establish the minimum requirements for monitoring , consisting of the frequencies of the routine monitoring and the timing and performance targets for validation monitoring . certain requirements for routine monitoring are specified in accordance with directive 91 / 271 / eec .


### health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in member states . harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products . it is therefore appropriate to introduce minimum harmonisation by setting minimum requirements for water quality and monitoring . those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed , if necessary , by competent authorities together with any relevant preventive measures . in order to identify stricter or additional requirements for water quality , the reclamation plant operators should perform key risk management tasks . the parameters are based on the technical report of the commission joint research center and reflect the international standards on water reuse . ### health standards in relation to food hygiene for agricultural products irrigated with reclaimed water can be achieved only if quality requirements for reclaimed water destined for agricultural irrigation do not differ significantly in member states . harmonisation of requirements will also contribute to the efficient functioning of the internal market in relation to such products . it is therefore appropriate to introduce minimum harmonisation by setting minimum quality and monitoring requirements in respect of water , products and soils . those minimum requirements should consist of minimum parameters for reclaimed water and other stricter or additional quality requirements imposed , if necessary , by competent authorities together with any relevant preventive measures . in order to identify stricter or additional requirements for water quality , the reclamation plant operators , distributors and end - users should perform key risk management tasks . the parameters are based on the technical report of the commission joint research center and reflect the international standards on water reuse .


### in order to ensure compliance with the requirements and conditions referred to in paragraph 1 , the reclamation plant operator shall monitor water quality in accordance with the following : ### in order to ensure compliance with the requirements and conditions referred to in paragraph 1 , the reclamation plant operator and distributor shall monitor water quality in accordance with the following :


### “unless otherwise provided for in an international agreement concluded by the union , one of the following conditions is fulfilled” ### “unless one of the following conditions is fulfilled”


### artificial barriers to the operation of the internal market should be removed , while still allowing the member states and the union to implement a variety of road - charging policies for all types of vehicles at local , national or international level . the equipment installed in vehicles should allow such road - charging policies to be implemented in accordance with the principles of non - discrimination between the citizens of all member states . the interoperability of electronic toll systems at union level therefore needs to be ensured as soon as possible . ### artificial barriers to the operation of the internal market should be removed , while still allowing the member states and the union to implement a variety of road - charging policies for all types of vehicles at local , national or international level . the equipment installed in vehicles should allow such road - charging policies to be implemented in accordance with the principles of non - discrimination between the citizens of all member states . the interoperability of electronic toll systems at union level therefore needs to be ensured as soon as possible in order to reduce financial outlay and the administrative burden .


### ' electronic toll domain ' means a road , a road network , a structure such as a bridge or a tunnel , or ferry , where road fees are collected using , exclusively or partially , automatic detection mechanisms such as communication with on - board equipment inside the vehicle or automatic number plate recognition ; ### ' electronic toll domain ' means a road , a road network , a structure such as a bridge or a tunnel , or ferry , where road fees are collected using , exclusively or partially , automatic detection mechanisms such as communication with on - board equipment inside the vehicle and automatic number plate recognition ;


### self - service terminals : automatic teller machines , ticketing machines and check - in machines ### self - service terminals : automatic teller machines , ticketing machines , check - in machines and payment terminals


### member states may decide , in the light of national conditions , that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services , and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of annex i , section x , in order to maximise their use by persons with functional limitations , including persons with disabilities . ### member states shall ensure that the built environment used by clients of passenger transport services and products including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking and postal services , and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of annex i , section x , in order to maximise their use by persons with functional limitations , including persons with disabilities and the elderly .


### the manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure . the obligations for conformity assessment should rest with the manufacturer . ### the manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure . the manufacturer shall be held liable for any conformity problems identified during checks by the market surveillance authority , in cooperation with organisations representing people with disabilities .


### member states may decide , in the light of national conditions , that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services , and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of annex i , section x , in order to maximise their use by persons with functional limitations , including persons with disabilities . ### member states shall ensure that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services , and customer services centres and shops under the scope of telephony operators complies with the accessibility requirements of annex i , section x , in order to maximise their use by persons with functional limitations , including persons with disabilities .


### in some situations , common accessibility requirements of the built environment would facilitate the free movement of the related services and of persons with disabilities . therefore , this directive enables member states to include the built environment used in the provision of the services under the scope of this directive , ensuring compliance with the accessibility requirements set in annex x . ### in some situations , built environment accessibility is a precondition for the proper enjoyment of the related services by persons with disabilities . therefore , this directive requires member states to include the built environment used in the provision of the services under the scope of this directive , ensuring compliance with the accessibility requirements set in annex x .


### a safeguard procedure should be set up which applies only in the event of disagreement between member states over measures taken by a member state under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this directive . it should allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an earlier stage in respect of such products . ### a safeguard procedure should be set up which applies only in the event of disagreement between member states over measures taken by a member state whereby interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this directive . it should allow market surveillance authorities , in cooperation with organisations representing persons with disabilities and the relevant economic operators , to act at an earlier stage in respect of such products .


### the following self - service terminals : automatic teller machines , ticketing machines and check - in machines shall comply with the requirements set out in section ii of annex i . ### the following self - service terminals : automatic teller machines , ticketing machines , check - in machines and payment terminals shall comply with the requirements set out in section ii of annex i .


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


### importers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market . ### importers shall provide the competent national authority , with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market .


### where , on completion of the procedure set out in article 19 and , objections are raised against a measure taken by a member state , or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay enter into consultation with the member states and the relevant economic operator or operators and shall evaluate the national measure . on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not . ### where , on completion of the procedure set out in article 19 and , objections are raised against a measure taken by a member state , or where the commission considers a national measure to be contrary to union legislation , the commission shall without delay enter into consultation with the member states , and with the organisations representing persons with disabilities and the relevant economic operator or operators , and shall evaluate the national measure . on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not .


### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 30 days after their transfer to the passenger information unit of the first member state on whose territory the international flight is landing or departing . ### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 7 days after their transfer .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious transnational crime , as well as guaranteeing the protection of the fundamental rights of citizens , notably privacy and the protection of personal data . in particular , such lists should not contain any personal data , and in particular any data that could reveal racial , ethnic or social origin , genetic features , language , religion or personal beliefs , political or any other opinions , membership of a national minority , property , birth , disability , sexual orientation , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain only the details referred to in this directive .


### to prevent , detect , investigate and prosecute terrorist offences and serious crime , it is therefore essential that all member states introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the member states of the european union . ### to prevent , detect , investigate and prosecute terrorist offences and serious transnational crime , it is therefore essential that all member states introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the member states of the european union .


### any processing of pnr data revealing a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately . ### any processing of pnr data revealing a person’s race or ethnic or social origin , genetic features , language , religion or personal beliefs , political or any other opinions , membership of a national minority , property , birth , disabilities , sexual preferences , or trade union membership , or of data concerning that person’s health or sexual life , shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately .


### 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 .


### member states shall ensure that air carriers , their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of pnr data to the passenger information unit , the purposes of their processing , the period of data retention , their possible use to prevent , detect , investigate or prosecute terrorist offences and serious crime , the possibility of exchanging and sharing such data and their data protection rights , in particular the right to complain to a national data protection supervisory authority of their choice . the same information shall be made available by the member states to the public . ### member states shall ensure that air carriers , their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of pnr data to the passenger information unit , the purposes of their processing , the period of data retention , their possible use to prevent , detect , investigate or prosecute terrorist offences and serious transnational crime , the possibility of exchanging and sharing such data and their data protection rights , such as the right to access , correct , erase and block data , and the right to complain to a national data protection supervisory authority of their choice . the same information shall be made available by the member states to the public .


### each member state shall provide that the national supervisory authority established in implementation of article 25 of framework decision 2008 / 977 / jha shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the member states pursuant to the present directive . the further provisions of article 25 framework decision 2008 / 977 / jha shall be applicable . ### each member state shall provide that the national supervisory authority established in implementation of article 28 of directive 46 / 95 / ec and article 25 of framework decision 2008 / 977 / jha shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the member states pursuant to the present directive . the further provisions of article 25 of framework decision 2008 / 977 / jha shall be applicable .


### 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 gender , 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 .


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


### – name , including the names of other passengers on pnr and number of travellers on pnr travelling together ; ### name , including the names of other passengers on pnr , emergency contact names and number of travellers on pnr travelling together ;


### 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 . 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 . ### 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 . such decisions shall not be taken on the basis of a person’s race or ethnic or social origin , genetic features , language , religion or personal belief , political or any other opinions , membership of a national minority , property , birth , disability , sexual orientation , trade union membership , health or sexual life .


### 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 .


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


### this directive is without prejudice to any obligations and commitments of the union by virtue of bilateral and / or multilateral agreements with third countries . ### this directive is without prejudice to any obligations and commitments of the union by virtue of bilateral and / or multilateral agreements with third countries , but any new agreements with third countries shall not include provisions which lower the level of data protection below that which is provided for in this directive .


### 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 .


### 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 otherwise infringe the national provisions adopted pursuant to this directive . the penalties laid down in article 4 of directive 2004 / 82 / ec of 29 april 2004 shall apply for the purposes of this directive .


### the processing of pnr data domestically in each member state by the passenger information unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with framework decision 2008 / 977 / jha of 27 november 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters41 . __________________ 41 oj l 350 , 30 . 12 . 2008 , p . 60 . ### the processing of pnr data domestically in each member state by the passenger information unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with framework decision 2008 / 977 / jha of 27 november 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters41 and subsequent amendments thereto . __________________ 41 oj l 350 , 30 . 12 . 2008 , p . 60 .


### the pnr data collected in accordance with this directive may be processed only for the following purposes : the prevention , detection , investigation and prosecution of terrorist offences and serious crime according to article 4 and ; and the prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime according to article 4 and . ### the pnr data collected in accordance with this directive may be processed only for the purposes of prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime in accordance with article 4 . deleted deleted


### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 . ### member states should share with other member states the pnr data that they receive where such transfer is necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . the provisions of this directive should be without prejudice to other union instruments on the exchange of information between police and judicial authorities , including council decision 2009 / 371 / jha of 6 april 2009 establishing the european police office 39 and council framework decision 2006 / 960 / jha of 18 september 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the european union40 . such exchange of pnr data between law enforcement and judicial authorities should be governed by the rules on police and judicial cooperation . __________________ 39 oj l 121 , 15 . 5 . 2009 , p . 37 . 40 oj l 386 , 29 . 12 . 2006 , p . 89 .


### the result of matching referred to in article 4 and shall be kept by the passenger information unit only as long as necessary to inform the competent authorities of a positive match . where the result of an automated matching operation has , further to individual review by non - automated means , proven to be negative , it shall , however , be stored so as to avoid future ‘ false’ positive matches for a maximum period of three years unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of the five years , in which case the log shall be kept until the underlying data are deleted . ### the result of matching referred to in article 4 shall be kept by the passenger information unit only as long as strictly necessary to inform the competent authorities without delay of a positive match . where the result of an automated matching operation has , further to individual review by non - automated means , proven to be negative , it shall , however , be stored so as to avoid future ‘ false’ positive matches for a maximum period of one year unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of two years , in which case the log shall be kept until the underlying data are deleted .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious transnational crime , as well as guaranteeing the protection of the fundamental rights of citizens , notably privacy and the protection of personal data . in particular , such lists should not contain any personal data , and in particular any data that could reveal racial , ethnic or social origin , genetic features , language , religion or personal beliefs , political or any other opinions , membership of a national minority , property , birth , disability , sexual orientation , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain only the details referred to in this directive .


### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 . however , 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 . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 . 38 oj l 190 , 18 . 7 . 2002 , p . 1 . ### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the list of serious transnational crimes included in this directive should be drawn up by selected a number of the offences referred to in article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 and the united nations convention against transnational organized crime . member states must exclude serious offences as defined in article 2 of council framework decision 2002 / 584 / jha that are not transnational in nature and minor offences for which the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . __________________ 37 oj l 164 , 22 . 06 . 02 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 . 38 oj l 190 , 18 . 7 . 2002 , p . 1 .


### 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 .


### the member states should take all necessary measures to enable air carriers to fulfil their obligations under this directive . dissuasive , effective and proportionate penalties , including financial ones , should be provided for by member states against those air carriers failing to meet their obligations regarding the transfer of pnr data . where there are repeated serious infringements which might undermine the basic objectives of this directive , these penalties may include , in exceptional cases , measures such as the immobilisation , seizure and confiscation of the means of transport , or the temporary suspension or withdrawal of the operating licence . ### the member states should take all necessary measures to enable air carriers to fulfil their obligations under this directive . dissuasive , effective and proportionate penalties , including financial ones , should be provided for by member states against those air carriers failing to meet their obligations regarding the transfer of pnr data and to uphold the fundamental rights of passengers , in particular their right to privacy and to the protection of their personal data when such lists are drawn up . where there are repeated serious infringements which might undermine the basic objectives of this directive , these penalties may include , in exceptional cases , measures such as the immobilisation , seizure and confiscation of the means of transport , or the temporary suspension or withdrawal of the operating licence .


### 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


### ‘ push method’ means the method whereby air carriers transfer the required pnr data into the database of the authority requesting them ; ### ’push method’ means the method whereby air carriers transfer the pnr data to the passenger information unit ;


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of the operation of this directive and submit a report to the european parliament and the council within two years after the date mentioned in article 15 . such a review shall cover all the elements of this directive , with special attention to the effectiveness and necessity of pnr data transfer for the purposes of preventing and prosecuting terrorist offences or serious transnational crime and to the 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 .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious transnational crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security .