### in accordance with regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and general principles of union law , any measure taken in the course of a surveillance operation should be proportionate to the objectives pursued , non - discriminatory and it should fully respect human dignity , fundamental rights and the rights of refugees and asylum seekers , including the principle of non - refoulement . member states and the agency are bound by the provisions of the asylum acquis , and in particular of council directive 2005 / 85 / ec of 1 december 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status with regard to applications for asylum made in the territory , including at the border or in the transit zones of member states . ### in accordance with regulation no 562 / 2006 of the european parliament and of the council of 15 march 2006 establishing a community code on the rules governing the movement of persons across borders and general principles of union law , any measure taken in the course of a surveillance operation should be proportionate to the objectives pursued , non - discriminatory and it should fully respect human dignity , fundamental rights , the rights of refugees and asylum seekers and the principle of non - refoulement . member states and the agency are bound by the provisions of the asylum acquis , and in particular of directive 2013 / 32 / eu of the european parliament and of the council1 with regard to applications for international protection made in the territory , including at the border , in the territorial waters or in the transit zones of member states . _________________ 1 directive 2013 / 32 / eu of the european parliament and of the council of 26 june 2013 on common procedures for granting and withdrawing international protection .


### pursuant to regulation no 2007 / 2004 , border surveillance operations coordinated by the agency are conducted in accordance with an operational plan . accordingly , as regards sea operations , the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place , including references to international and union law , regarding interception , rescue at sea and disembarkation . in turn , this regulation governs the issues of interception , rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the agency . ### pursuant to regulation no 2007 / 2004 , border surveillance operations coordinated by the agency are conducted in accordance with an operational plan . accordingly , as regards sea operations , the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place , including references to international and union law , regarding interception , rescue at sea and disembarkation . in turn , this regulation governs the issues of interception , rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the agency in accordance with international law and fundamental rights .


### this regulation respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably the right to life , human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , non - refoulement , non - discrimination , the right to an effective remedy , the right to asylum and the rights of the child . ### this regulation respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , notably the right to life , human dignity , prohibition of torture and of inhuman or degrading treatment or punishment , right to liberty and security , non - refoulement , non - discrimination , the right to an effective remedy , the right to asylum and the rights of the child , in particular when unaccompanied .


### ‘ participating member state’ means a member state which participates in a sea operation by providing assets or human resources , but which is not a host member state ; ### ‘ participating member state’ means a member state which participates in a sea operation by providing technical equipment or border guards and other staff , but which is not the host member state ;


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


### in case of disembarkation in a third country , the participating units shall identify the intercepted or rescued persons and assess their personal circumstances to the extent possible before disembarkation . they shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement . ### in case of disembarkation in a third country , unless provided for in article 3 and article 4 and , the participating units shall inform the intercepted or rescued persons of the place of disembarkation in an appropriate way and they shall give them an opportunity to express any reasons for believing that disembarkation in the proposed place would be in violation of the principle of non - refoulement .


### the participating units shall address the special needs of children , victims of trafficking , persons in need of urgent medical assistance , persons in need of international protection and other persons in a particularly vulnerable situation throughout the sea operation . ### the participating units shall address the special needs of children , in particular unaccompanied minors , victims of trafficking , persons in need of urgent medical assistance , persons in need of international protection and other persons in a particularly vulnerable situation throughout the sea operation .


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


### where the ship is about to enter or it has entered the territorial sea or the contiguous zone of a member state that is not participating in the sea operation , the participating units shall communicate information about the ship to the international coordination centre , which shall convey this information to the national coordination centre of the member state concerned . ### where the ship is about to enter or it has entered the territorial sea or , where formally proclaimed , the contiguous zone , of a member state that is not participating in the sea operation , the participating units shall communicate information about the ship to the international coordination centre , which shall convey this information to the national coordination centre of the member state concerned .


### requesting information and documentation on ownership , registration and elements relating to the voyage , and on the identity , nationality and other relevant data on persons on board ; ### requesting information and documentation on ownership , registration and elements relating to the voyage , and on the identity , nationality and other relevant data on persons on board , including their health conditions , in order to assess if there are persons with special medical needs on board ;


### conducting the ship or persons on board to the host member state or to another member state participating in the operation . ### conducting the ship or persons on board to the member state under the jurisdiction of which such action is taken .


### making persons on board aware that they are may not be authorised to cross the border and that persons directing the craft may face penalties for facilitating the voyage ; ### making persons on board aware that they are may not be authorised to cross the border and that persons directing the ship may face penalties for facilitating the voyage ;


### where , though flying a foreign flag or refusing to show its flag , there are reasonable grounds to suspect that the ship is , in reality , of the same nationality as a participating unit , that participating unit shall verify the ship’s right to fly its flag . to this end , it may approach the suspected ship . if suspicion remains after the documents have been checked , it shall proceed to a further examination on board the ship , which must be carried out with all possible consideration . the participating member state of which the ship is allegedly flying the flag shall be contacted through the appropriate channels . ### where , though flying a foreign flag or refusing to show its flag , there are reasonable grounds to suspect that the ship is , in reality , of the same nationality as a participating unit , that participating unit shall verify the ship’s right to fly its flag . to this end , it may approach the suspected ship . if suspicion remains after the documents have been checked , it shall proceed to a further examination on board the ship , which shall be carried out with all possible consideration . the participating member state of which the ship is allegedly flying the flag shall be contacted through the appropriate channels .


### where there are reasonable grounds to suspect that a ship without nationality or one that may be assimilated to a ship without nationality is engaged in the smuggling of migrants by sea , the participating unit may board and stop the ship with a view to verifying its statelessness . if suspicions prove to be founded further appropriate measures as laid down in paragraph 1 may be taken in accordance with national law and international law . ### where there are reasonable grounds to suspect that a stateless ship is engaged in the smuggling of migrants by sea , the participating unit may board and search the ship with a view to verifying its statelessness . if suspicions prove to be founded further appropriate measures as laid down in paragraph 1 may be taken in accordance with national law and international law .


### the national official representing the host member state or a participating member state at the international coordination centre shall be designated under national law as an authority for the authorisation to verify the right of a ship to fly the flag of the member state concerned or to take any of the measures laid down in paragraph 1 . ### the national official representing the host member state or a participating member state at the international coordination centre shall be responsible to facilitate communications with the relevant authorities of the member state concerned in seeking authorisation to verify the right of a ship to fly its flag or to take any of the measures laid down in paragraph 1 .


### during a sea operation , participating units shall render assistance to any ship or person in distress at sea . they shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found . ### before a sea operation , member states shall instruct their participating units to comply with the obligation to render assistance to any ship or person in distress at sea , in accordance with applicable provisions of international conventions governing search and rescue and fundamental rights . they shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found .


### during a sea operation , participating units shall render assistance to any ship or person in distress at sea . they shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found . ### during a sea operation , according to international law on search and rescue , participating units shall render assistance to any ship or person in distress at sea . they shall do so regardless of the nationality or status of such a person or the circumstances in which that person is found .


### when facing , in the course of a sea operation , a situation of uncertainty , alert or distress as regards a ship or any person on board , the participating unit shall forward as soon as possible all available information to the rescue coordination centre responsible for the search and rescue region in which the situation occurs . ### when facing , in the course of a sea operation , a situation of uncertainty , alert or distress , the participating unit shall forward as soon as possible all available information to the rescue coordination centre responsible for the search and rescue region in which the situation occurs .


### the modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan . those modalities for disembarkation shall not have the effect of imposing obligations on member states not participating in the sea operation unless they expressly provide authorisation for measures to be taken in their territorial sea or contiguous zone in accordance with article 6 or article 8 . ### for the purposes of sea operations coordinated by the agency , the modalities for the disembarkation of the persons intercepted or rescued in a sea operation shall be set out in the operational plan . the participating units shall cooperate with the responsible rescue coordination centre to provide a suitable port or place of safety for the rescued persons and to ensure their rapid and effective disembarkation . the modalities shall be in accordance with international law and relevant bilateral agreements which comply with international law .


### in the case of interception in the territorial sea or the contiguous zone as laid down in article 6 or article 8 , disembarkation shall take place in the host member state or in the participating member state in whose territorial waters or contiguous zone the interception takes place . ### in the case of interception in the territorial sea or the contiguous zone as laid down in article 6 or article 8 , disembarkation shall take place in the host member state or in the participating member state in whose territorial sea or contiguous zone the interception takes place .


### in the case of interception in the territorial sea or the contiguous zone as laid down in article 6 or article 8 , disembarkation shall take place in the member state in whose territorial waters or contiguous zone the interception takes place . ### in the case of interception in the territorial sea or the contiguous zone as laid down in article 6 or article 8 , disembarkation shall take place in the member state in whose territorial sea or contiguous zone the interception takes place .


### research and innovation activities supported by horizon 2020 should respect fundamental ethical principles . the opinions of the european group on ethics in science and new technologies should be taken into account . research activities should also take into account article 13 tfeu and reduce the use of animals in research and testing , with a view ultimately to replacing animal use . all activities should be carried out ensuring a high level of human health protection in accordance with article 168 tfeu . ### research and innovation activities supported by horizon 2020 should respect fundamental ethical principles . the opinions of the european group on ethics in science and new technologies should be taken into account . research activities should also take into account article 13 tfeu and reduce the use of animals in research and testing , with a view ultimately to replacing animal use . research activities should also respect the legal or administrative provisions and customs of member states . all activities should be carried out ensuring a high level of human health protection in accordance with article 168 tfeu .


### the european commission does not explicitly solicit the use of human embryonic stem cells . the use of human stem cells , be they adult or embryonic , if any , depends on the judgement of the scientists in view of the objectives they want to achieve and is subject to stringent ethics review . no project involving the use of human embryonic stem cells should be funded that does not obtain the necessary approvals from the member states . no activity should be funded that is forbidden in all member states . no activity should be funded in a member state where such activity is forbidden . ### there are considerable differences between national laws on research using human embryos and human embryonic stem cells . union policy should not seek to harmonise national legislation . in connection with the seventh framework programme , the commission declared that it would ' continue with the current practice and [ would ] not submit to the regulatory committee proposals for projects which include research activities which destroy human embryos , including for the procurement of stem cells ' 1 . this commitment should be inserted into this regulation in order to ensure legal certainty . __________________ 1 point 12 of the commission statement re article 6 , annexed to decision no 1982 / 2006 / ec of the european parliament and of the council of 18 december 2006 concerning the seventh framework programme of the european community for research , technological development and demonstration activities .


### linkages and interfaces shall be implemented across and within the priorities of horizon 2020 . particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies , to bridging from discovery to market application , to cross - disciplinary research and innovation , to social and economic sciences and humanities , to fostering the functioning and achievement of the era , to cooperation with third countries , to responsible research and innovation including gender , and to enhancing the attractiveness of the research profession and to facilitating cross - border and cross - sector mobility of researchers . ### linkages and interfaces shall be implemented across and within the priorities of horizon 2020 . particular attention shall be paid in this respect to the development and application of key enabling and industrial technologies , to bridging from discovery to market application , to cross - disciplinary research and innovation , to social and economic sciences and humanities , to fostering the functioning and achievement of the era , to the development of research into the legal systems of the member states , to cooperation with third countries , to responsible research and innovation including gender , and to enhancing the attractiveness of the research profession and to facilitating cross - border and cross - sector mobility of researchers .


### research on human stem cells , both adult and embryonic , may be financed , depending both on the contents of the scientific proposal and the legal framework of the member states involved . no funding shall be granted for research activities that are prohibited in all the member states . no activity shall be funded in a member state where such activity is forbidden . ### research on other types of human stem cells may be financed , depending both on the contents of the scientific proposal and the legal framework of the member states involved . no funding shall be granted for research activities that are prohibited in all the member states . no activity shall be funded in a member state where such activity is forbidden .


### ensuring a consistent and high level of protection of the personal data of individuals and facilitating the exchange of personal data between competent authorities of members states is crucial in order to ensure effective judicial co - operation in criminal matters and police cooperation . to that aim , the level of protection of the rights and freedoms of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties must be equivalent in all member states . effective protection of personal data throughout the union requires strengthening the rights of data subjects and the obligations of those who process personal data , but also equivalent powers for monitoring and ensuring compliance with the rules for the protection of personal data in the member states . ### ensuring a consistent and high level of protection of the personal data of individuals and facilitating the exchange of personal data between competent authorities of members states is crucial in order to ensure effective judicial co - operation in criminal matters and police cooperation . to that aim , minimum standards must be ensured in all member states with regard to any processing of personal data by competent authorities for the purposes of prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties .


### the protection of individuals should be technological neutral and not depend on the techniques used ; otherwise this would create a serious risk of circumvention . the protection of individuals should apply to processing of personal data by automated means , as well as to manual processing if the data are contained or are intended to be contained in a filing system . files or sets of files as well as their cover pages , which are not structured according to specific criteria , should not fall within the scope of this directive . this directive should not apply to the processing of personal data in the course of an activity which falls outside the scope of union law , in particular concerning national security , or to data processed by the union institutions , bodies , offices and agencies , such as europol or eurojust . ### the protection of individuals should be technological neutral and not depend on the techniques used ; otherwise this would create a serious risk of circumvention . the protection of individuals should apply to processing of personal data by automated means , as well as to manual processing if the data are contained or are intended to be contained in a filing system . files or sets of files as well as their cover pages , which are not structured according to specific criteria , should not fall within the scope of this directive . this directive should not apply to the processing of personal data in the course of an activity which falls outside the scope of union law , in particular concerning national security .


### the principles of protection should apply to any information concerning an identified or identifiable natural person . to determine whether a natural person is identifiable , account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable . ### the principles of protection should apply to any information concerning an identified or identifiable natural person . to determine whether a natural person is identifiable , account should be taken of all the means likely reasonably to be used either by the controller or by any other person working together with the controller to identify the individual . the principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable .


### member states should ensure that a transfer to a third country only takes place if it is necessary for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the controller in the third country or international organisation is an authority competent within the meaning of this directive . a transfer may take place in cases where the commission has decided that the third country or international organisation in question ensures an adequate level or protection , or when appropriate safeguards have been adduced . ### member states should ensure that a transfer to a third country only takes place if it is necessary for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and the controller in the third country or international organisation is an authority competent within the meaning of this directive .


### while this directive applies also to the activities of national courts , the competence of the supervisory authorities should not cover the processing of personal data when they are acting in their judicial capacity , in order to safeguard the independence of judges in the performance of their judicial tasks . however , this exemption should be limited to genuine judicial activities in court cases and not apply to other activities where judges might be involved in accordance with national law . ### while this directive applies also to the activities of national courts , the competence of the supervisory authorities should not cover the processing of personal data when they are acting in their judicial capacity , in order to safeguard the independence of judges in the performance of their judicial tasks .


### this directive lays down the rules relating to the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties . ### this directive lays down the rules relating to the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of risk prevention , the investigation , detection or prosecution of criminal offences and the execution of criminal penalties .


### in accordance with this directive , member states shall : ### the minimum requirements of this directive shall be no impediment to member states retaining or introducing provisions on the protection of personal data that ensure a higher level of protection .


### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person , in particular by reference to an identification number , location data , online identifiers or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ; ### ' data subject ' means an identified natural person or a natural person who can be identified , directly or indirectly , by means reasonably likely to be used by the controller or by any other natural or legal person working together with the controller , in particular by reference to an identification number , location data , online identifiers or to one or more factors specific to the physical , physiological , genetic , mental , economic , cultural or social identity of that person ;


### ' competent authorities’ means any public authority competent for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; ### ) ' competent authorities’ means any public authority competent for risk prevention , the investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the european union institutions , bodies , offices and agencies ;


### processed fairly and lawfully ; ### processed lawfully , fairly and in a transparent and verifiable manner ;


### kept in a form which permits identification of data subjects for no longer than it is necessary for the purposes for which the personal data are processed ; ### kept in a form which permits identification of data subjects but for no longer than is necessary for the purposes for which the personal data are processed ;


### processed under the responsibility and liability of the controller , who shall ensure compliance with the provisions adopted pursuant to this directive . ### processed under the responsibility and liability of the controller , who shall ensure and demonstrate compliance with the provisions adopted pursuant to this directive .


### processed under the responsibility and liability of the controller , who shall ensure compliance with the provisions adopted pursuant to this directive . ### processed and used in the course of their duties only by competent staff working in competent authorities ;


### different degrees of accuracy and reliability of personal data ### factual accuracy


### member states shall ensure that , as far as possible , the different categories of personal data undergoing processing are distinguished in accordance with their degree of accuracy and reliability . ### the competent authorities shall ensure that , as far as possible , personal data are factually accurate , complete and , if necessary , up to date .


### member states shall ensure that , as far as possible , personal data based on facts are distinguished from personal data based on personal assessments . ### the competent authorities shall ensure that personal data which are inaccurate , incomplete or no longer up to date are not transmitted or made available . to that end , the competent authorities shall , as far as practicable , verify the quality of personal data before they are transmitted or made available . as far as possible , in all transmissions of data , available information shall be added which enables the receiving member state to assess the degree of accuracy , completeness , up - to - dateness and reliability . if personal data were transmitted without request the receiving authority shall verify without delay whether these data are necessary for the purpose for which they were transmitted . 3 . if it emerges that incorrect data have been transmitted or data have been unlawfully transmitted , the recipient must be notified without delay . the recipient shall be obliged to rectify the data without delay in accordance with paragraph 1 and article 15 or to erase them in accordance with article 16 .


### member states shall prohibit the processing of personal data revealing race or ethnic origin , political opinions , religion or beliefs , trade - union membership , of genetic data or of data concerning health or sex life . ### the processing of personal data revealing racial or ethnic origin , political opinions , religious or philosophical beliefs or trade - union membership and of data concerning health or sex life shall be permitted only if


### the processing is authorised by a law providing appropriate safeguards ; ### the processing is absolutely necessary and authorised by a law providing appropriate safeguards ; or


### the processing is necessary to protect the vital interests of the data subject or of another person ; ### does not affect the english version


### the processing relates to data which are manifestly made public by the data subject . ### does not affect the english version


### member states shall provide that measures which produce an adverse legal effect for the data subject or significantly affect them and which are based solely on automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall be prohibited unless authorised by a law which also lays down measures to safeguard the data subject ' s legitimate interests . ### measures which produce an adverse legal effect for the data subject or significantly affects him and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to the data subject shall be permitted only if authorised by a law which also lays down measures to safeguard the data subject ' s legitimate interests .


### member states shall provide that the controller takes all reasonable steps to have transparent and easily accessible policies with regard to the processing of personal data and for the exercise of the data subjects ' rights . ### member states shall provide that the controller takes appropriate and reasonable steps to have transparent and easily accessible policies with regard to the processing of personal data and for the exercise of the data subjects ' rights .


### member states shall provide that any information and any communication relating to the processing of personal data are to be provided by the controller to the data subject in an intelligible form , using clear and plain language . ### member states shall provide that any information and any communication relating to the processing of personal data are to be provided by the controller to the data subject in as intelligible a form as possible , using clear and plain language .


### member states may adopt legislative measures restricting , wholly or partly , the data subject ' s right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned : ### member states may adopt legislative measures restricting , wholly or partly , depending on the individual case , the data subject ' s right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned :


### to avoid prejudicing the prevention , detection , investigation and prosecution of criminal offences or the execution of criminal penalties ; ### to avoid prejudicing the prevention of risks , the detection , investigation and prosecution of criminal offences or the execution of criminal penalties ;


### to protect the rights and freedoms of others . ### to protect the data subject or the rights and freedoms of others .


### member states shall provide for the right of the data subject to request , in particular in cases referred to in article 13 , that the supervisory authority checks the lawfulness of the processing . ### member states shall provide for the right of the data subject to request , within the bounds of what is set out in articles 12 and 13 , that the supervisory authority checks the lawfulness of the processing .


### member state shall provide that the controller informs the data subject of the right to request the intervention of the supervisory authority pursuant to paragraph 1 . ### member state shall provide that the controller informs the data subject , at the request of the latter , of the right to request the intervention of the supervisory authority pursuant to paragraph 1 .


### member states shall provide for the right of the data subject to obtain from the controller the rectification of personal data relating to them which are inaccurate . the data subject shall have the right to obtain completion of incomplete personal data , in particular by way of a corrective statement . ### member states shall provide for the right of the data subject to obtain the rectification of personal data relating to them which are inaccurate . the data subject shall have the right to obtain completion of incomplete personal data , in particular by way of a corrective statement .


### member states shall provide that the controller informs the data subject in writing on any refusal of rectification , on the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy . ### member states shall lay down whether the data subject may assert these rights directly against the controller or through the intermediary of the competent national supervisory authority . 3 . if the data subject asserts their rights against the controller and the latter refuses the rectification or completion , the controller must inform the data subject in writing on the refusal of rectification , on the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy


### the controller shall carry out the erasure without delay . ### member states shall lay down whether the data subject may assert this right directly against the controller or through the intermediary of the competent national supervisory authority . 2a . if the data subject asserts their rights against the controller and the latter refuses the rectification or completion , the controller must inform the data subject in writing on the refusal of rectification , on the reasons for the refusal and on the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy .


### member states shall provide for the right of the data subject to obtain from the controller the erasure of personal data relating to them where the processing does not comply with the provisions adopted pursuant to articles 4 to , 7 and 8 of this directive . ### member states shall provide for the right of the data subject to obtain from the controller the erasure of personal data relating to them where the processing does not comply with the provisions adopted pursuant to articles 4 , 6 , 7 and 8 of this directive .


### instead of erasure , the controller shall mark the personal data where : ### if the provisions of this directive state that personal data should be erased , , blocking shall be sufficient where :


### the data subject opposes their erasure and requests the restriction of their use instead . ### erasure would affect the data subject’s legitimate interests or the data subject opposes their erasure and requests the restriction of their use instead .


### member states may provide that the rights of information , access , rectification , erasure and restriction of processing referred to in articles 11 to 16 are carried out in accordance with national rules on judicial proceedings where the personal data are contained in a judicial decision or record processed in the course of criminal investigations and proceedings . ### member states may provide that the information , access , rectification , erasure and blocking provided for in articles 11 to 16 are in harmony with national procedural law where the personal data are contained in a judicial decision or record which is bound to the taking of a court decision .


### member states shall provide that where a processing operation is carried out on behalf of a controller , the controller must choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of the provisions adopted pursuant to this directive and ensure the protection of the rights of the data subject . ### member states shall provide that where a processing operation is carried out on behalf of a controller , the controller must choose a processor providing sufficient guarantees to implement the technical and organisational measures set out in article 27 ; that the processing will also meet the requirements of the provisions adopted pursuant to this directive and ensure the protection of the rights of the data subject ; and that the data subject will follow the instructions of the controller .


### member states shall provide that the carrying out of processing by a processor must be governed by a legal act binding the processor to the controller and stipulating in particular that the processor shall act only on instructions from the controller , in particular , where the transfer of the personal data used is prohibited . ### the carrying out of processing by a processor must be governed by a legal act or a written agreement stipulating that the processor shall act only on instructions from the controller .


### member states shall provide that the controller and the processor implements appropriate technical and organisational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected , having regard to the state of the art and the cost of their implementation . ### member states shall provide that the controller implements technical and organisational measures to prevent the unintentional or unlawful destruction , accidental loss , unauthorised alteration , unauthorised disclosure or access , in particular where the processing involves transmission over a network or making available by granting direct automated access , and all other unlawful forms of processing personal data . having regard to the state of the art and the cost of their implementation , these measures must ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected .


### in respect of automated data processing , each member state shall provide that the controller or processor , following an evaluation of the risks , implements measures designed to : ### in respect of automated data processing , each member state shall take suitable measures to :


### ensure that the functions of the system perform , that the appearance of faults in the functions is reported and that stored personal data cannot be corrupted by means of a malfunctioning of the system . ### does not affect english version .


### the commission may adopt , where necessary , implementing acts for specifying the requirements laid down in paragraphs 1 and 2 to various situations , notably encryption standards . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 57 . ### the member states may adopt , where necessary , provisions for specifying the requirements laid down in paragraphs 1 and 2 to various situations , notably encryption standards .


### the transfer is necessary for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; ### the transfer is necessary for the prevention of risk , the investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; and


### the conditions laid down in this chapter are complied with by the controller and processor . ### the conditions laid down in this chapter are complied with .


### where no decision adopted in accordance with article 41 of regulation … . / 2012 exists , the commission shall assess the adequacy of the level of protection , giving consideration to the following elements : ### where no decision adopted in accordance with article 41 of regulation … . / 2012 exists , the commission shall assess the adequacy of the level of protection , giving consideration to all the circumstances generally surrounding data transfers or categories of data transfer which can be assessed without reference to specific transfer operations . the assessment shall give particular consideration to the following elements :


### the commission may decide , within the scope of this directive , that a third country or a territory or a processing sector within that third country or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 57 . ### the commission shall be empowered to adopt delegated acts in accordance with article 56 to supplement the list in annex [ x ] of third countries , territories or processing sectors within third countries or international organisations which ensure an adequate level of protection within the meaning of paragraph 2 . when determining the level of protection , the commission must consider whether the relevant legislation , both general and sectoral , in force in the third country or international organisation , guarantees effective and enforceable rights including effective administrative and judicial redress for data subjects , in particular for those data subjects whose personal data are being transferred .


### the implementing act shall specify its geographical and sectoral application , and , where applicable , identify the supervisory authority mentioned in point of paragraph 2 . ### according to article 340 tfeu and settled case - law of the court of justice , the union shall , in accordance with the general principles common to the laws of the member states , make good any damage caused by its institutions in the performance of their duties , including any damage due to wrongful use of personal data following an incorrect determination under paragraphs 2 and 3 .


### member states shall provide that the controller informs the recipient of the personal data of any processing restrictions and takes all reasonable steps to ensure that these restrictions are met . ### member states shall provide that the controller informs the recipient of the personal data of any processing restrictions and takes all reasonable steps to ensure that these restrictions are met . the first sentence shall also apply to any processing restrictions with which the controller must comply pursuant to paragraph 3 of article 7 .


### for the purposes of paragraph 1 , the commission shall take appropriate steps to advance the relationship with third countries or with international organisations , and in particular their supervisory authorities , where the commission has decided that they ensure an adequate level of protection within the meaning of article 34 . ### for the purposes of paragraph 1 , the commission shall take appropriate steps , within the scope of application of this directive , to advance the relationship with third countries or with international organisations , and in particular their supervisory authorities , where the commission has decided that they ensure an adequate level of protection within the meaning of article 34 . in so doing the commission shall have due regard to the competences of the member states and the legal or practical measures taken in connection with the exercise of those competences .


### where the term of office expires or the member resigns , the member shall continue to exercise their duties until a new member is appointed . ### where the term of office expires or the member resigns , the member shall , if so requested , continue to exercise their duties until a new member is appointed .


### member states shall provide that each supervisory authority exercises , on the territory of its own member state , the powers conferred on it in accordance with this directive . ### member states shall provide that each supervisory authority exercises , on the territory of its own member state , at least the powers conferred on it in accordance with this directive .


### monitors and ensures the application of the provisions adopted pursuant to this directive and its implementing measures ; ### monitors and ensures the application of , at least , the provisions adopted pursuant to this directive and its implementing measures ;


### hears complaints lodged by any data subject , or by an association representing and duly mandated by that data subject in accordance with article 50 , investigates , to the extent appropriate , the matter and informs the data subject the association of the progress and the outcome of the complaint within a reasonable period , in particular where further investigation or coordination with another supervisory authority is necessary ; ### hears complaints lodged by any data subject , investigates , to the extent appropriate , the matter and informs the data subject of the progress and the outcome of the complaint within a reasonable period , in particular where further investigation or coordination with another supervisory authority is necessary ;


### conducts investigations either on its own initiative or on the basis of a complaint , or on request of another supervisory authority , and informs the data subject concerned , if the data subject has addressed a complaint , of the outcome of the investigations within a reasonable period ; ### conducts investigations on the basis of a complaint , or on request of another supervisory authority , and informs the data subject concerned , if the data subject has addressed a complaint , of the outcome of the investigations within a reasonable period ; the supervisory authority may also conduct such investigations on its own initiative , within the limits of national legislation ;


### the power to engage in legal proceedings where the provisions adopted pursuant to this directive have been infringed or to bring this infringement to the attention of the judicial authorities . ### the power to engage in legal proceedings where the provisions adopted pursuant to this directive have been infringed or to bring this infringement to the attention of the judicial authorities . decisions by the supervisory authority which give rise to complaints may be appealed against through the courts


### without prejudice to any available administrative remedy , including the right to lodge a complaint with a supervisory authority , member states shall provide for the right of every natural person to a judicial remedy if they consider that that their rights laid down in provisions adopted pursuant to this directive have been infringed as a result of the processing of their personal data in non - compliance with these provisions . ### without prejudice to any available administrative remedy , including the right to lodge a complaint with a supervisory authority , member states shall provide for the right of every natural person to a judicial remedy if their rights laid down in provisions adopted pursuant to this directive have been infringed as a result of the processing of their personal data in non - compliance with these provisions .


### member states shall lay down the rules on penalties , applicable to infringements of the provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . ### member states shall adopt suitable measures to ensure the full implementation of the provisions of this framework decision and shall in particular lay down the rules on penalties , applicable to infringements of the provisions adopted pursuant to this directive and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive .


### the delegation of power referred to in article 28 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive . ### the delegation of power referred to in article 34 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this directive .


### the delegation of power referred to in article 28 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in article 34 may be revoked at any time by the european parliament or by the council . a decision of revocation shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to article 28 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to article 34 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of 2 months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by 2 months at the initiative of the european parliament or the council .


### international agreements concluded by member states prior to the entry force of this directive shall be amended , where necessary , within five years after the entry into force of this directive . ### international agreements concluded by member states prior to the entry force of this directive shall be amended , where necessary , within ten years after the entry into force of this directive except where they are in any case subject to separate controls . 2 . notwithstanding paragraph 1 , the provisions of article 36 shall apply by analogy , in the event of a negative adequacy decision , to international agreements concluded before the entry into force of this directive . .


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training and , where relevant , with other eu agencies . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations .


### baile átha cliath / dublin / corcaigh / cork – zeebrugge / antwerpen / rotterdam . ### baile átha cliath / dublin / corcaigh / cork – le havre / calais / dunkerque – zeebrugge / antwerpen / rotterdam .


### ‘ baile átha cliath / dublin / corcaigh / cork – zeebrugge / antwerpen / rotterdam . ### “baile átha cliath / dublin / corcaigh / cork – le havre / calais / dunkerque - zeebrugge / antwerpen / rotterdam . shannon foynes - dublin - rosslare - waterford - cork - brest - roscoff - cherbourg - caen - le havre - rouen - paris ' .


### ensuring the connection between ireland and the other member states on the north sea – mediterranean core network corridor is crucial for ongoing and future infrastructure investments and for providing legal clarity and certainty for infrastructure planning . ### ensuring the connection between ireland and the other member states on the atlantic and north sea – mediterranean core network corridors is crucial for ongoing and future infrastructure investments and for providing legal clarity and certainty for infrastructure planning .


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


### the reclamation plant operator shall draw - up a water reuse risk management plan based on the key risk management tasks set out in annex ii . the water reuse risk management plan shall propose any additional requirements to those specified in annex i necessary to further mitigate any risks , and shall , inter alia , identify hazards , risks and appropriate preventive measures . ### the reclamation plant operator concerned shall draw - up a water reuse risk management plan based on the key risk management tasks set out in annex ii . the water reuse risk management plan shall propose any additional requirements to those specified in annex i necessary to further mitigate any risks , and shall , inter alia , identify hazards , risks and appropriate preventive measures .


### it is necessary to ensure the safe use of reclaimed water , thereby encouraging water reuse at union level and enhancing public confidence in it . supply of reclaimed water for particular uses should therefore only be permitted on the basis of a permit , granted by competent authorities of member states . in order to ensure harmonised approach at union level , traceability and transparency , the substantive rules for that permit should be laid down at the union level . however , the details of the procedures for granting permits should be determined by member states . member states should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this regulation . ### it is necessary to ensure the safe use of reclaimed water , thereby encouraging the development of water reuse at union level , encouraging eu farmers to adopt this practice and enhancing public confidence in it . supply of reclaimed water for particular uses should therefore only be permitted on the basis of a permit , granted by competent authorities of member states . in order to ensure harmonised approach at union level , traceability and transparency , the substantive rules for that permit should be laid down at the union level . however , the details of the procedures for granting permits should be determined by member states , whose competent authorities are themselves responsible for assessing the risks linked to water reuse . member states should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this regulation .


### the water resources of the union are increasingly coming under pressure , leading to water scarcity and quality deterioration . in particular , climate change and drought are contributing significantly to the strain on the availability of freshwater , arising from urban development and agriculture . ### the water resources of the union are increasingly coming under pressure , leading to water scarcity and quality deterioration . in particular , climate change , unpredictable weather patterns&#160 ; and drought are contributing significantly to the strain on the availability of freshwater , arising from urban development and agriculture .


### reuse of appropriately treated waste water , for example from urban waste water treatment plants or industrial installations , is considered to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination , but such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse , and , as regards in particular agricultural products , the potential obstacles to the free movement of such products irrigated with reclaimed water . ### reuse of appropriately treated waste water , for example from urban waste water treatment plants or industrial installations , is considered to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination . but such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse , and , as regards in particular agricultural products , the potential obstacles to the free movement of such products irrigated with reclaimed water . at the same time , it should be borne in mind that , in certain member states , the irrigation infrastructure is inadequate or non - existent .


### 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 , human health and soil quality , reclamation plant operators and the competent authorities shall be primarily responsible for the quality of reclaimed water . in order to guarantee users , and in particular farmers , water of a quality consistent with the parameters set , reclamation plant operators should monitor the quality of reclaimed water in accordance with the minimum requirements and any additional conditions set by the competent authority . 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 .


### the platform should involve the social partners at eu level , both cross - industry and in those sectors more severely affected by undeclared work , and cooperate with relevant international organisations , such as the international labour organisation , and union decentralised agencies , in particular eurofound and european agency for safety and health at work . the involvement of eurofound and european agency for safety and health at work in the work of the platform as observers will not extend their existing mandates . ### the platform should involve the european parliament , the social partners at eu level , both cross - industry and in those sectors more severely affected by undeclared work , and cooperate with relevant international organisations , such as the international labour organisation , and union decentralised agencies , in particular eurofound and european agency for safety and health at work . the involvement of eurofound and european agency for safety and health at work in the work of the platform as observers will not extend their existing mandates .


### undeclared work has serious budgetary implications through decreased tax and social security revenues . it has negative impacts on employment , productivity , compliance with working conditions ' standards , skills development and life - long learning . it undermines the financial sustainability of social protection systems , deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare . ### undeclared work has serious budgetary implications through decreased tax and social security revenues . it has negative impacts on employment , productivity , compliance with working conditions ' standards , skills development and life - long learning . it undermines the financial sustainability of social protection systems , deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare . undeclared work should be tackled in the member states through the application of appropriate tax and social policies .


### additional instruments are therefore necessary to avoid in the future that large asymmetric shocks result into deeper and broader situations of stress and weaken cohesion . ### additional instruments are therefore necessary to avoid the possibility in the future that large asymmetric shocks will result in deeper and broader situations of stress and weaken economic , social , and territorial cohesion .


### the activation of eisf support should therefore be determined by a double activation trigger based on both the level of national unemployment rate compared to its past average and the change in unemployment compared to a certain threshold . ### the activation of eisf support should therefore be determined by a double activation trigger based on both the level of national unemployment rate compared to its past average and the change in unemployment compared to a certain threshold . the formula for calculating the amount of eisf loan support should also take into account the trend in the youth unemployment rate in the member state requesting support .


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


### employment , unemployment rate , participation rates , indicators of part time employment , hours worked ; ### employment , unemployment rate , youth unemployment rate , participation rates , indicators of part time employment , hours worked ;


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


### the commission is empowered to adopt delegated acts in accordance with article 11 amending annexes i and iv in order to adapt them to technical progress . ### the commission is empowered to adopt delegated acts in accordance with article 11 amending annex i in order to adapt it to technical progress .


### this directive does not affect the member states ' freedom to lay down rules governing road infrastructure charging and taxation matters . ### this directive does not affect the member states ' freedom to lay down rules governing road infrastructure charging and taxation matters . nonetheless , it does stipulate that an interoperable electronic tolling system would help to achieve the objectives laid down by union legislation on road tolls .


### eets providers shall make available to users on - board equipment which is suitable for use , interoperable and capable of communicating with all electronic toll systems in service in the member states using the technologies listed in annex iv . ### eets providers shall make available to users on - board equipment which is suitable for use , interoperable and capable of communicating with all electronic toll systems in service in the member states using the technologies listed in paragraph 1 .


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


### ' light - duty vehicle ' means any vehicle which is not a heavy - duty vehicle . ### ' light - duty vehicle ' means a car , a minibus or a van .


### electronic tolling and co - operative its applications use similar technologies and neighbouring frequency bands for short range vehicle - to - vehicle and vehicle - to - infrastructure communication . in the future , the potential for merging electronic tolling with c - its in the 5 . 9 ghz band , currently used by c - its , should be explored , after a thorough assessment of the costs , benefits , technical barriers and possible solutions thereto . ### electronic tolling and co - operative its applications use similar technologies and neighbouring frequency bands for short range vehicle - to - vehicle and vehicle - to - infrastructure communication . in the future , the potential for exploring possible synergies between the electronic tolling platform and cooperative intelligent transport systems should be examined , on the basis of a detailed cost - benefit analysis .


### existing electronic toll systems which use technologies other than those listed in annex iv shall comply with those technologies if substantial technological improvements are carried out . ### existing electronic toll systems which use technologies other than those listed in the first paragraph of this article shall comply with those technologies if substantial technological improvements are carried out .


### promote employment , growth , social inclusion and local development in rural areas , including bio - economy and sustainable forestry ; ### promote employment , growth , social inclusion , greater participation of women in the rural economy , and local development in rural areas , including bio - economy and sustainable forestry ;


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


### the demand for accessible products and services is high and the number of citizens with disabilities and / or functional limitations will increase significantly with the ageing of the european union ' s population . an environment where products and services are more accessible allows for a more inclusive society and facilitates independent living . ### the demand for accessible products and services is high and the number of persons with functional limitations , including persons with disabilities in line with article 1 of the convention on the rights of persons with disabilities , will increase significantly with the ageing of the european union’s population . an environment where products and services are more accessible allows for a more inclusive society and is a prerequisite for independent living .


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


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


### 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


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


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : ensuring the accessibility of the products they use in the provision of the service , in accordance with the rules laid down in point b on ' related terminal equipment with advance computing capability used by consumers ' providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel , alternatives to non - text content shall be provided ; the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; providing accessible information to facilitate complementarities with assistive services ; including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations . ### the provision of services in such a way as to maximise their foreseeable use by persons with functional limitations , including persons with disabilities shall be achieved by the following : the products they use in the provision of the service shall be in accordance with the rules laid down in point b on ' related terminal equipment with advance computing capability used by consumers ' ; the information about the functioning of the service and about its accessibility characteristics and facilities shall be provided in multiple accessible formats as follows : the information shall be made available in accessible web format and electronic non - web document format that is understandable , perceivable and operable ; the economic operator shall list and explain how to use the accessibility features of the service and its compatibility with assistive technologies ; the electronic information , including the related online and mobile applications and websites needed in the provision of the service shall be provided in accordance with point ; shall be provided on alternative non - electronic formats upon request . the alternative non - electronic formats may include large print , braille , or easy - to - read text . making websites and mobile based services , including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; providing accessible information to facilitate complementarities with assistive services ; functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations including persons with disabilities : where a service provides two - way voice communication , it shall also support real - time text in parallel and on the same call ; where a service supports two - way communication and that service is specified for use with relay services , support shall be provided for voice , real - time text and / or video , alone or in any combination , on both outgoing and incoming calls ; where a service supports two - way communication and is specified for use with emergency services , support shall be provided for voice , real - time text and / or video , alone or in any combination , on both outgoing and incoming calls .


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel , alternatives to non - text content shall be provided ; the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### the provision of services in such a way as to maximise their foreseeable use by persons with functional limitations , including persons with disabilities shall be achieved by the following : the information about the functioning of the service and about its accessibility characteristics and facilities , shall be provided in multiple accessible formats as follows : the information shall be made available in accessible web format and electronic non - web document format by making it understandable , perceivable and operable ; the economic operator shall list and explain how to use the accessibility features of the service and its compatibility with assistive technologies ; the electronic information , including the related online and mobile applications and websites needed in the provision of the service shall be provided in accordance with point ; making websites and mobile based services , including mobile applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### e - books shall comply with the requirements set out in section vii of annex i . ### e - books and related equipment shall comply with the requirements set out in section vii of annex i .


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


### the purpose of this directive is to contribute to the proper functioning of the internal market by approximating laws , regulations and administrative provisions of the member states , by eliminating barriers to the free movement of certain accessible products and services this will increase the availability of accessible products and services on the internal market . ### the purpose of this directive is to contribute to the proper functioning of the internal market by approximating laws , regulations and administrative provisions of the member states , by eliminating barriers to the free movement of accessible products and services this will increase the availability of accessible products and services on the internal market .


### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority . ### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the market surveillance authority of the member state in the market of which the product or service is placed or made available . the assessment must be submitted to the relevant market surveillance authority in accordance with paragraph 3 , if so requested .


### 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 competent national authorities with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by the authority concerned . 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 .


### each product and service has to comply with the accessibility requirements identified in article 3 and listed in annex i to be accessible for persons with disabilities and older persons . the e - commerce accessibility obligations also apply to the online sale of services under article 1 to of this directive . ### for each product and service within the scope of this directive an accessibility report should be available , outlining which of the accessibility requirements identified in article 3 and listed in annex i have been implemented to make the product or service accessible for persons with disabilities and older persons . the accessibility report is a list or statement of accessibility features that form part of the general description of the product as required in annex ii and of the services as required in annex iii . the e - commerce accessibility obligations also apply to the online sale of services under article 1 to of this directive .


### telephony services , including emergency services and the related consumer terminal equipment with advanced computing capability , shall comply with the requirements set out in section iii of annex i . ### telephony services , including emergency services and the related consumer terminal equipment with advanced computing capability , shall comply with the requirements set out in section iii of annex i . member states shall ensure the availability of at least one text based relay service and one video based relay service , within the entire territory of the member state and continuously , in consultation with users ' organisations , including organisations representing persons with disabilities , that these relay services are interoperable with the telephony services . member states shall also ensure the availability of audio , video and real - time text communication with national , regional , and local emergency services , including support lines .


### chapters i , ii to v , and vii apply to the following products : ### chapters i , ii to v , and vii apply to the following new products placed on the market after the date of application of this directive :


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


### the approximation of national measures at union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services , to create economies of scale , to facilitate cross - border trade and mobility , as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the union . ### the approximation of national measures at union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services , to contribute to job creation , to create economies of scale , to facilitate cross - border trade and mobility and reduce and prevent cross - border barriers , as well as to help economic operators to concentrate resources on innovation and on their further economic development instead of using those resources for complying with fragmented legal requirements across the union .


### 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 .


### &#8220 ; accessible products and services&#8221 ; are products and services that are perceptible , operable and understandable for persons with functional limitations , including persons with disabilities , on an equal basis with others ; ### ' accessible products and services&#8221 ; are products and services which are usable for people with disabilities on an equal basis with others in a general manner and without substantial external help ;