### 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 to all citizens and create preconditions for inclusive and non - discriminatory participation .


### 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 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 disabilities and persons with age related or other impairments will increase significantly with the ageing of the european union ' s population . an environment where products and services are more accessible serves the needs of consumers , allows for a more inclusive society and is prerequisite for independent living for all citizens . applies throughout the text and necessitates corresponding changes throughout . )


### consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers . fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments . ### consumers of accessible products , including in particular assistive technologies , and recipients of accessible services are faced with high prices due to limited competition among suppliers . fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments .


### consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers . fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments . ### consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers and the lack of common minimum rules for accessibility in the internal market , which leads to limiting the possibility of making use of these products and enjoying these services , particularly for those with lower income and at higher risk of poverty . fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments .


### 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 therefore promotes better functioning of the internal market in order to reduce fragmentation in the market of accessible products and services , to create economies of scale , to facilitate cross border trade as well as barrier - free movement of products , services and persons and mobility of persons with functional limitations , including persons with disabilities 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 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 .


### 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 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 covering expenses arising from fragmented legislation .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community and to promote the application of article 26 of the charter of fundamental rights of the european union . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the rights of persons with disabilities and persons with age related or other impairments with a gender equality perspective , in order for them to benefit from measures designed to ensure their independence , occupational integration and participation in the life of the community and to promote the application of article 25 and 26 of the charter of fundamental rights of the european union . applies throughout the text and necessitates corresponding changes throughout . )


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


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


### 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 .


### accessibility should be achieved by the removal and prevention of barriers , preferably through a universal design or ' design for all ' approach . accessibility should not exclude the provision of reasonable accommodation when requested by national or union law . ### accessibility should be achieved by the removal and prevention of barriers , preferably through the implementation of a universal design or ' design for all ' approach . accessibility should not exclude the provision of reasonable accommodation when requested by national or union law .


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


### economic operators should be responsible for the compliance of products and services , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of accessibility and to guarantee fair competition on the union market . ### economic operators should , in cooperation with national authorities , be responsible for the compliance of products and services , in relation to their respective roles in the supply chain .


### in the absence of harmonised standards and where needed for market harmonisation purposes , the commission should be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this directive . ### in the absence of harmonised standards and where necessary for market harmonisation purposes , the commission should be able to adopt implementing acts establishing common technical specifications for the accessibility requirements set in this directive .


### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v . ### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v and that they regularly consult organisations representing persons with disabilities .


### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v . ### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v and that they hold regular consultations with organisations representing persons with disabilities .


### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v . ### member states are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in article 12 in accordance with chapter v and that they hold regular consultations with organizations representing persons with disabilities .


### &#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 ;


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


### air , bus , rail and waterborne passenger transport services , the websites , the mobile device - based services , smart ticketing and real - time information and self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in section v of annex i . ### air , bus , rail and waterborne passenger transport infrastructure , services , the websites , the mobile device - based services , smart ticketing and real - time information and self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in sections v and x of annex i .


### air , bus , rail and waterborne passenger transport services , the websites , the mobile device - based services , smart ticketing and real - time information and self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in section v of annex i . ### an appropriate number of air , bus , rail and waterborne passenger transport services , the websites , the mobile device - based services , smart ticketing and real - time information and self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in section v of annex i .


### banking services , the websites , the mobile device - based banking services , self - service terminals , including automatic teller machines used for provision of banking services shall comply with the requirements set out in section vi of annex i . ### an appropriate number of banking services , the websites , the mobile device - based banking services , self - service terminals , including automatic teller machines used for provision of banking services shall comply with the requirements set out in section vi of annex i .


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


### economic operators shall be able to present the information referred to in paragraph 1 for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the product . ### economic operators shall be able to present the information referred to in paragraph 1 for at least five years or a period that corresponds to the life - cycle of the product in question .


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


### the burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources , whether public or private . ### the burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources , made available for the purpose of improving accessibility .


### 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 inform the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . the assessment referred to in paragraph 3 shall be submitted to the market surveillance authority upon reasonable request . microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority .


### the failure of the product to meet requirements relating to those set out in article 3 of this directive , or ### the failure of the product to meet requirements relating to those set out in article 3 of this directive , resulting in a risk to safety or health , or


### provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are complied with ; ### provisions whereby a consumer may take action within the framework of an accessible and comprehensive complaints mechanism under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are complied with ;


### provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are complied with ; ### provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are complied with ; complaint mechanisms should be effective , transparent and accessible , in line with article 9 of the convention ;


### provisions whereby a consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are complied with ; ### provisions whereby a directly affected consumer may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are complied with ;


### provisions whereby public bodies or private associations , organisations or other legal entities which have a legitimate interest , in ensuring that the provisions of this directive are complied with , may take action under national law before the courts or before the competent administrative bodies on behalf of consumers to ensure that the national provisions transposing this directive are complied with . ### provisions whereby public bodies or private associations , organisations or other legal entities that are directly affected by the non - conformity of a product or service may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this directive are complied with .


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


### 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 packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and the instructions shall provide alternatives to non - text content ; 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 packaging of the product including the information provided in it and an indication of the brand , the name and the type of the product which : shall meet the requirements laid down in point a ; shall in a simple and precise way inform the users how the product incorporates accessibility features and its compatibility with assistive technology ; the instructions for the use , installation and maintenance , storage and disposal of the product , whether provided separately or integrated within the product , which shall comply with the following : shall be made available in accessible web format and electronic non - web document format that is both perceivable and operable ; and the manufacturer shall list and explain how to use the accessibility features of the product and its compatibility with assistive technologies ; 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 ; the instructions for the use , installation and maintenance , storage and disposal of the product , whether provided separately or integrated within the product , which shall comply with the following : 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 .


### 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 in 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 use conditions ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and instructions shall provide alternatives to non - text content ; 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 . 2 . user interface and functionality design : in order to make accessible the design of the products and their user interface as referred to in points and of point 1 they must be designed , where applicable , as follows : provide for communication and orientation via more than one sensory channel ; provide for alternatives to speech for communication and orientation ; provide for flexible magnification and contrast ; provide for an alternative colour to convey information ; provide for flexible ways to separate and control foreground from background including for reducing background noise and improve clarity ; provide for user control of volume ; provide for sequential control and alternatives to fine motor control ; provide for modes of operation with limited reach and strength ; provide avoidance of triggering photosensitive seizures . ### design and production : the design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities and those with age - related impairments shall be achieved by meeting the functional performance requirements set out in point ba , and shall include : the information on the use of the product provided on the product itself ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product ; the user interface of the product ; the functionality of the product ; the interfacing of the product with assistive devices .


### related terminal equipment with advance computing capability used by consumers : 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 in 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 use conditions ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and instructions shall provide alternatives to non - text content ; 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 . 2 . user interface and functionality design in order to make accessible the design of the products and their user interface as referred to in points and of point 1 they must be designed , where applicable , as follows : provide for communication and orientation via more than one sensory channel ; provide for alternatives to speech for communication and orientation ; provide for flexible magnification and contrast ; provide for an alternative colour to convey information ; provide for flexible ways to separate and control foreground from background including for reducing background noise and improve clarity ; provide for user control of volume ; provide for sequential control and alternatives to fine motor control ; provide for modes of operation with limited reach and strength ; provide avoidance of triggering photosensitive seizures . ### related terminal equipment with advance computing capability used by consumers : design and production : the design and production of products in order to maximise their reasonably foreseeable use by persons with disabilities and those with age - related impairments shall be achieved by meeting the functional performance requirements set out in point ba , and shall include : the information on the use of the product provided in the product itself : the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product ; the user interface of the product ; the functionality of the product by providing functions aimed to address the needs of persons with disabilities ; the interfacing of the product with assistive devices .


### 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 ; ### making websites accessible in a consistent , standardised and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , 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 ; ### providing accessible information to facilitate complementarities with assistive services , such as information on the online availability of interpreters for persons with functional impairments , including persons with disabilities ;


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


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


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : making accessible the built environment where the service is provided , including transport infrastructure , in accordance with part c , without prejudice to national and union legislation for the protection of national treasures possessing artistic , historic or archaeological value ; making facilities accessible , including vehicles , crafts and equipment needed for the delivery of the service as follows : the design of its built space shall follow the requirements under part c in relation to boarding , disembarking , circulation and use ; the information shall be available in different ways and via more than one sensory channel ; alternatives to non - text visual content shall be provided . ensuring the accessibility of the products used in the provision of the service , in accordance with the rules laid down in part a ; 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 : making accessible the built environment where the service is provided , including transport infrastructure , in accordance with part c , without prejudice to national and union legislation for the protection of national treasures possessing artistic , historic or archaeological value ; making facilities accessible , including vehicles , crafts and equipment needed for the delivery of the service as follows : the design of its built space shall follow the requirements under part c in relation to boarding , disembarking , circulation and use ; the information shall be available in different ways and via more than one sensory channel ; alternatives to non - text visual content shall be provided . the products used in the provision of the service shall be in accordance with the rules laid down in part a ; the information about the functioning of the service and about its accessibility characteristics and facilities shall be provided in digital and 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 online 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 robust 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 .


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


### air , bus , rail and waterborn passenger transport services ; websites used for provision of passenger transport , services ; mobile device - based services , smart ticketing and real time information ; self service terminals , ticketing machines and check - in machines used for provision of passenger transport services : ### air , bus , rail and waterborn passenger transport services ; websites used for provision of passenger transport , services ; mobile device - based services , smart ticketing and real time information ; self - service terminals including payment terminals , ticketing machines and check - in machines used for provision of passenger transport services :


### self service terminals , ticketing machines and check - in machines used for provision of passenger transport services’ ### self - service terminals including payment terminals ticketing machines and check - in machines used for provision of passenger transport services’


### banking services ; websites used for provision of banking services ; mobile device - based baning services ; self service terminals , including automatic teller machines used for provision of banking services ### banking services ; websites used for provision of banking services ; mobile device - based banking services ; self - service terminals , including payment terminals and automatic teller machines used for provision of banking services


### self - service terminals , including automatic teller machines used for provision of banking services’ ### self - service terminals’ , including payment terminals , automatic teller machines used for provision of banking services


### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 . however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 38 oj l 190 , 18 . 7 . 2002 , p . 1 . ### the definition of terrorist offences applied in this directive should be the same as in council framework decision 2002 / 475 / jha on combating terrorism as amended by council decision 2008 / 919 / jha . the term serious crime applied in this directive encompasses the crimes listed in article 2 . 1 . __________________ 38 oj l 190 , 18 . 7 . 2002 , p . 1 .


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


### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with framework decision 2008 / 977 / jha . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country . ### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis , and in compliance with the revised framework decision 2008 / 977 / jha . to ensure the protection of personal data , such data should only be transferred with precise knowledge of the intended processing of the pnr data in the third country , of the limits of access to the pnr - data of the competent authorities in the third country and their subsequent use and of other safeguards applicable to the personal data transferred to the third country .


### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights . ### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 7 years , after which the data must be permanently deleted , the data must be masked out after 6 months , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , it must be ensured that an independent national supervisory authority and in particular its data protection officer are responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights .


### ‘ passenger name record’ or ' pnr data ' means a record of each passenger’s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person , whether it is contained in reservation systems , departure control systems or equivalent systems providing the same functionalities ; ### passenger name record ' or ' pnr data ' means a record of each passenger ' s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person , whether it is contained in reservation systems , departure control systems or equivalent systems providing the same functionalities ; pnr data consists of the data fields listed in the annex and does not contain sensitive data revealing the race , colour , ethnic origin , genetic features , language , religion or belief , political or any other opinion , membership in national minority , property , disability or sexual orientation of the passenger .


### ‘ reservation systems’ means the air carrier’s internal inventory system , in which pnr data are collected for the handling of reservations ; ### ' reservation systems ' means the air carrier ' s or the non - carrier economic operator ' s internal inventory system , in which pnr data are collected for the handling of reservations ;


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' . the piu shall be the sole responsible authority for collecting pnr data from the air carriers , storing them , analysing them , and transmitting the result of the analysis to the competent authorities referred to in article 5 . pius shall be also responsible for the exchange of pnr data or the results of the processing thereof between member states and to europol in accordance with article 7 . its staff members may be seconded from competent public authorities .


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime and the prevention of immediate and serious threats to public security or a branch of such an authority to act as its passenger information unit responsible for collecting pnr data from the air carriers and non - carrier economic operators , storing them , processing them and transmitting the pnr data or the result of the processing thereof to the competent authorities referred to in article 5 . the passenger information unit is also responsible for the exchange of pnr data or the result of the processing thereof with passenger information unit of other member states in accordance with article 7 . its staff members may be seconded from competent public authorities . it shall be provided with adequate resources in order to fulfil its tasks .


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


### responding , on a case - by - case basis , to duly reasoned requests from competent authorities to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious crime , and to provide the competent authorities with the results of such processing ; and ### responding , on a case - by - case basis based on sufficient evidence , to duly reasoned requests from competent authorities or europol to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious crime listed in article 2 . 1 or the prevention of an immediate and serious threat to public security , and to provide the competent authorities with the results of such processing


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


### competent authorities shall consist of authorities competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime . ### competent authorities shall consist of authorities competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security .


### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned . ### member states shall adopt the necessary measures to ensure that air carriers and non - carrier economic operators transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier and the non - carrier economic operator that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers and the non - carrier economic operators shall transfer the pnr data to the passenger information units of all the member states concerned .


### air carriers shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure , by any other appropriate means ensuring an appropriate level of data security : ### air carriers and non - carrier economic operator shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure , by any other appropriate means ensuring an appropriate level of data security :


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


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


### air carriers shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure , by any other appropriate means ensuring an appropriate level of data security : ### air carriers and non - carrier economic operators shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure , by any other appropriate means ensuring an appropriate level of data security :


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


### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : ### in view of the importance of coherence between the internal and the external aspects of security , and in order to improve international cooperation , a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if :


### all processing of pnr data by air carriers , all transfers of pnr data by passenger information units and all requests by competent authorities or passenger information units of other member states and third countries , even if refused , shall be logged or documented by the passenger information unit and the competent authorities for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of data processing , in particular by the national data protection supervisory authorities . these logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with article 9 at the expiry of those five years , in which case the logs shall be kept until the underlying data are deleted . ### all processing of pnr data by air carriers and non - carrier economic operators , all transfers of pnr data by passenger information units and all requests by competent authorities or passenger information units of other member states and third countries , even if refused , shall be logged or documented by the passenger information unit and the competent authorities for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of data processing , in particular by the national data protection supervisory authorities and the data protection officer . these logs shall be kept for a period of seven years unless the underlying data have not yet been deleted in accordance with article 9 at the expiry of those seven years , in which case the logs shall be kept until the underlying data are deleted .


### once the period of one year from the date of adoption of the common protocols and supported data formats has elapsed , all transfers of pnr data by air carriers to the passenger information units for the purposes of this directive shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer , and in a supported data format to ensure their readability by all parties involved . all air carriers shall be required to select and identify to the passenger information unit the common protocol and data format that they intend to use for their transfers . ### once the period of one year from the date of adoption of the common protocols and supported data formats has elapsed , all transfers of pnr data by air carriers and non - carrier economic operators to the passenger information units for the purposes of this directive shall be made electronically using secure methods in the form of accepted common protocols which shall be common to all transfers to ensure the security of the data during transfer , and in a supported data format to ensure their readability by all parties involved . all air carriers and non - carrier economic operators shall be required to select and identify to the passenger information unit the common protocol and data format that they intend to use for their transfers .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , including in cases of transfers of data to third countries , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 .


### union fishing vessels shall be prohibited from discharging offal during shooting and hauling . ### where possible , union fishing vessels shall be prohibited from discharging offal during shooting and hauling .


### union fishing vessels shall convert offal into fish meal and retain all waste material with any discharge restricted to liquid discharge / sump water . where this is not feasible , fishing vessels shall batch waste for two hours or longer . ### where possible and appropriate , union fishing vessels shall convert offal into fish meal and retain all waste material with any discharge restricted to liquid discharge / sump water . where this is not feasible , fishing vessels shall batch waste for two hours or longer .


### nets shall be cleaned after every fishing operation to remove entangled fish and benthic material to discourage interactions with birds during gear deployment . ### where possible , nets shall be cleaned after every fishing operation to remove entangled fish and benthic material to discourage interactions with birds during gear deployment .


### the number and size of operators vary across the different stages of the food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . ### the number and size of operators vary across the different stages of the agri - food supply chain . differences in bargaining power relate to the different levels of concentration of operators and can enable the unfair exercise of bargaining power by using unfair trading practices . unfair trading practices are in particular harmful for small and medium - sized operators in the agri - food supply chain . agricultural producers , who supply primary agricultural products , are largely small and medium - sized . nevertheless , all operators , regardless of their economic dimension are vulnerable to unfair trading practices .


### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations , provided that all those persons meet the definition of micro , small and medium - sized enterprises set out in the annex to commission recommendation 2003 / 361 / ec12 . those micro , small or medium suppliers are particularly vulnerable to unfair trading practices and least able to weather them without negative effects on their economic viability . as the financial pressure on small and medium - sized enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect small and medium - sized intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 . ### a minimum union standard of protection against certain manifestly unfair trading practices should be introduced to reduce the occurrence of such practices and to contribute to ensuring a fair standard of living for agricultural producers . it should benefit all agricultural producers or any natural or legal person that supplies food products , including producer organisations and associations of producer organisations . as the financial pressure on enterprises caused by unfair trading practices often passes through the chain and reaches agricultural producers , rules on unfair trading practices should also protect intermediary suppliers at the stages downstream of primary production . protection of intermediary suppliers should also avoid unintended consequences of trade diversion away from agricultural producers and their associations , who produce processed products , to non - protected suppliers . __________________ 12 oj l 124 , 20 . 5 . 2003 , p . 36 .


### the relevant rules should apply to business conduct by larger , that is to say non - small and medium - sized , operators in the food supply chain as they are the ones who normally possess stronger relative bargaining power when trading with small and medium - sized suppliers . ### the relevant rules should apply to all business operators in the agri - food supply chain .


### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting small and medium - sized suppliers and buyers against unfair trading practices occurring in business - to - business relationships in the food supply chain , subject to the limits of union law applicable to the functioning of the internal market . ### as a majority of member states already have national rules on unfair trading practices , albeit diverging , it is appropriate to use the tool of a directive to introduce a minimum protection standard under union law . this should enable member states to integrate the relevant rules into their national legal order in such a way as to bring about a cohesive regime . member states should not be precluded from adopting and applying on their territory stricter national laws protecting all suppliers and buyers regardless of their economic dimension against unfair trading practices occurring in business - to - business relationships in the agri - food supply chain , subject to the limits of union law applicable to the functioning of the internal market .


### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the food supply chain . where a complainant requests that his identity remain confidential because of fear of retaliation , the enforcement authorities of the member states should honour such a request . ### in order to ensure an effective enforcement of the prohibitions laid down in this directive , member states should designate an authority that is entrusted with their enforcement . the authority should be able to act either on its own initiative or by way of complaints by parties affected by unfair trading practices in the agri - food supply chain . whenever a complaint is logged the enforcement authority of the member states should guarantee that the complainant’s identity remains anonymous .


### this directive applies to certain unfair trading practices which occur in relation to the sales of food products by a supplier that is a small and medium - sized enterprise to a buyer that is not a small and medium - sized enterprise . ### this directive applies to certain unfair trading practices which occur in relation to the sales of agricultural and food products as well as the services related to those products , by a supplier to a buyer . the provisions of this directive do not cover agri - food supply to cooperatives or other associated entities by their members .


### &#8220 ; buyer&#8221 ; means any natural or legal person established in the union who buys food products by way of trade . the term ' buyer ' may include a group of such natural and legal persons ; ### ' buyer ' means any natural or legal person , irrespective of that person ' s place of establishment , who buys agricultural and food products by way of trade , for processing , distribution or retail , and / or provides services related to those products , in the union ; the term ' buyer ' may include a group of such natural and legal persons ;


### “supplier” means any agricultural producer or any natural or legal person , irrespective of their place of establishment , who sells food products . the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations and associations of producer organisations ; ### “supplier” means any agricultural producer or any natural or legal person , established in the union , who sells food products ; the term “supplier” may include a group of such agricultural producers or such natural and legal persons , including producer organisations , associations of producer organisations or agricultural cooperatives ;


### “food products” means products listed in annex i to the treaty intended for use as food as well as products not listed in that annex , but processed from those products for use as food ; ### ' agricultural and food products ' means products listed in annex i to the treaty as well as products not listed in that annex , but processed from those products for use as food ;


### “perishable food products” means food products that will become unfit for human consumption unless they are stored , treated , packaged or otherwise conserved to prevent them from becoming unfit . ### “perishable food products” means agricultural and food products which are naturally suitable for commercialisation and consumption for a period of up to thirty days or that require regulated temperature or packaging conditions for storage , and / or commercialisation and / or transportation ;


### member states shall ensure that the following trading practices are prohibited , if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement : ### member states shall ensure that the following trading practices are prohibited , if they are not agreed in clear and unambiguous terms at the conclusion of the supply agreement or if they are the result of economic dependence of the supplier on the buyer , which enables the buyer to impose those terms :


### each member state shall designate a public authority to enforce the prohibitions laid down in article 3 at national level . ### each member state shall designate a single public authority to enforce the prohibitions laid down in article 3 at national level .


### the enforcement authority shall ensure , if so requested by the complainant , the confidentiality of the identity of the complainant and any other information , in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information in a possible request for confidentiality . ### the enforcement authority shall ensure the confidentiality of the identity of the complainant , as well as other information in respect of which the complainant considers disclosure harmful to his interests . the complainant shall identify such information .


### member states may provide for rules designed to combat unfair trading practices going beyond those set out in articles 3 , 5 , 6 and 7 , provided that such national rules are compatible with the rules on the functioning of the internal market . ### member states may provide for rules designed to combat unfair trading practices going beyond this directive provided that national rules are compatible with the rules on the functioning of the internal market .


### no sooner than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions . ### no later than three years after the date of application of this directive , the commission shall carry out an evaluation of this directive and present a report on the main findings to the european parliament , the council and the european economic and social committee and the committee of the regions .


### ensuring traceability of ppe throughout the supply chain helps to make market surveillance simpler and more efficient . an efficient traceability system facilitates the market surveillance authorities ' task of tracing economic operators who made non - compliant product available on the market . ### ensuring traceability of ppe throughout the supply chain helps to make market surveillance simpler and more efficient . an efficient traceability system facilitates the market surveillance authorities ' task of tracing economic operators who made non - compliant product available on the market and to determine precisely , clearly and transparently the share of responsibility borne by each operator .


### in order to ensure that ppe is examined on the basis of the state of the art the limit of validity of the eu type - examination certificate should set to a maximum of five years . a process for reviewing the certificate should be provided for . a minimum content of the certificate should be required in order to facilitate the work of the market surveillance authorities . ### in order to ensure that ppe is examined on the basis of the state of the art the limit of validity of the eu type - examination certificate should set to a maximum of seven years . a process for reviewing the certificate should be provided for . such review should consist of a simple and expedient procedure . a minimum content of the certificate should be required in order to facilitate the work of the market surveillance authorities .


### in order to take into account the progress of technical knowledge and new scientific evidence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend the list of ppe included in each category . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### in order to take into account the progress of technical knowledge and new scientific evidence , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission to amend the list of ppe included in each category . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level and consult representatives of employee and employer ' s organisations from sectors that habitually make use of ppe in their operations . the commission , when preparing and drawing - up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### member states should lay down rules on penalties applicable to infringements of the provisions of this regulation and ensure that they are implemented . those penalties should be effective , proportionate and dissuasive . ### member states should lay down rules on penalties applicable to infringements of the provisions of this regulation and ensure that they are implemented . those penalties should be imposed expediently , be effective , proportionate and dissuasive .


### at trade fairs , exhibitions , and demonstrations , member states shall not prevent the showing of ppe which does not comply with this regulation provided that a visible sign clearly indicates that the ppe does not comply with this regulation and is not available on the market until it has been brought into conformity . ### at trade fairs , exhibitions , and demonstrations , member states shall not prevent the showing of ppe which does not comply with this regulation provided that visible signs can be found within the area assigned to the exhibiting party that clearly indicate that the ppe does not comply with this regulation and is not available on the market until it has been brought into conformity .


### importers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring the ppe into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , importers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### importers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring the ppe into conformity , to withdraw it or to recall it , as appropriate . such action should be taken no later than five working works days from the day on which importers become aware of that information . furthermore , where the ppe presents a risk , importers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken .


### the manufacturer shall keep a copy of the eu type - examination certificate , its annexes and additions together with the technical documentation at the disposal of the national authorities for 10 years after the ppe has been placed on the market . ### the manufacturer shall keep a copy of the eu type - examination certificate , its annexes and additions together with the technical documentation at the disposal of the national authorities for 10 years after the ppe has been made available on the market .


### the manufacturer shall , for a period ending 10 years after the ppe has been placed on the market , keep at the disposal of the national authorities : ### the manufacturer shall , for a period ending 10 years after the ppe has been made available on the market , keep at the disposal of the national authorities :


### providing surveillance and communication services based on state - of - the - art technology , including space - based and ground infrastructure and sensors mounted on any kind of platform , such as remotely piloted aircraft systems ; ### providing surveillance and communication services based on state - of - the - art technology , including space - based and ground infrastructure and sensors mounted on any kind of platform ;


### capacity building by elaborating guidelines , recommendations and best practices as well as by supporting the training and exchange of staff , with a view to enhancing the exchange of information and cooperation on coast guard functions ; ### capacity building by elaborating guidelines , recommendations and best practices as well as by providing training and exchange of staff ;


### the modalities of the cooperation on coastguard functions of the agency with the european border and coast guard agency and the european fisheries control agency shall be determined in a working arrangement , in accordance with the financial rules applicable to the agencies . ### the modalities of the cooperation on coastguard functions of the agency with the european border and coast guard agency and the european fisheries control agency shall be determined in a working arrangement , in accordance with their respective mandates and the financial rules applicable to the agencies .


### member states shall report the data concerning the implementation of article 7 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 1d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 7 for each calendar year to the commission . reliable reporting of statistical data concerning waste management is vital to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the implementation reports under this directive , member states should use an adequate waste specific methodology developed by the commission and the national statistical offices of the member states . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] .


### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . they shall ensure that data from all actors collecting or treating weee are reported . the data shall be reported in the format established by the commission in accordance with paragraph 5d .


### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . the report shall be drawn up every three years . ### the commission shall review the data reported in accordance with this article and publish a report on the results of its review . the report shall assess of the organisation of the data collection , the sources of data and the methodology used in member states as well as the completeness , reliability , timeliness and consistency of that data . the assessment may include specific recommendations for improvement . it shall ensure an assessment of the state of implementation by member states . the report shall be drawn up every three years .


### this regulation is part of the third ' europe on the move ' package , which delivers on the new industrial policy strategy of september 201721 , and is designed to complete the process of enabling the union to reap the full benefits of the modernisation and decarbonisation of mobility . the aim of the package is to make european mobility safer and more accessible , european industry more competitive , european jobs more secure , and the mobility system to be cleaner and better adapted to the imperative of tackling climate change . this will require the full commitment of the union , member states and stakeholders , not least in strengthening efforts to reduce co2 emissions and air pollution . __________________ 21 investing in a smart , innovative and sustainable industry a renewed eu industrial policy strategy , com 0479 final ### this regulation is part of the third ' europe on the move ' package , which delivers on the new industrial policy strategy of september 201721 , and is designed to complete the process of enabling the union to reap the full benefits of the modernisation and decarbonisation of mobility . the aim of the package is to make european mobility safer and more accessible , european industry more competitive , european jobs more secure , and the mobility system to be cleaner , more sustainable and better adapted to the imperative of tackling climate change . in order to find a good balance between strengthening efforts to reduce co2 emissions and air pollution , boosting innovation in the union ' s automotive industry and enhancing the union ' s competitiveness , the full commitment of the union , member states and stakeholders is required . __________________ 21 investing in a smart , innovative and sustainable industry a renewed eu industrial policy strategy , com 0479 final