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


### 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 .


### 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 .


### pnr data should be transferred to a single designated unit in the relevant member state , so as to ensure clarity and reduce costs to air carriers . ### pnr data should be transferred to a single designated unit in the relevant member state , so as to ensure clarity and reduce costs to air carriers and non - carrier economic operators .


### member states may permit air carriers to limit the transfer referred to in point of paragraph 2 to updates of the transfer referred to in point of paragraph 2 . ### member states may permit air carriers and non - carrier economic operators to limit the transfer referred to in point of paragraph 2 to updates of the transfer referred to in point of paragraph 2 .


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements , as deemed necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious crime . passenger information units shall provide the requested data as soon as practicable and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and . ### the passenger information unit of a member state shall have the right to request , if necessary the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database and have not yet been masked out and , if necessary , also the result of any processing thereof , if it has already been prepared pursuant to article 4 . the duly reasoned request for such data may be based on any one or a combination of data elements , as deemed necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security . passenger information units shall provide the requested data as soon as possible .


### ‘ 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 , as well as non - carrier economic operators when the air carriers have not done the booking themselves , 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 ;


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


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


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


### each member state shall adopt a list of the competent authorities entitled to request or receive pnr data or the result of the processing of pnr data from the passenger information units in order to examine that information further or take appropriate action for the purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious crime . ### each member state shall adopt a list of the competent authorities entitled to request or receive masked out pnr data or the result of the processing of pnr data from the passenger information units in order to examine that information further or take appropriate action for the specific purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security . europol shall be entitled to request or receive pnr data or the result of the processing of pnr data from the passenger information units of the member states within the limits of its mandate and when necessary for the performance of its tasks .


### 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 .


### all transfers of pnr data by air carriers to the passenger information units for the purposes of this directive shall be made by electronic means or , in the event of technical failure , by any other appropriate means , for a period of one year following the adoption of the common protocols and supported data formats in accordance with article 14 . ### 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 by electronic means or , in the event of technical failure , by any other appropriate means , for a period of one year following the adoption of the common protocols and supported data formats in accordance with article 14 .


### penalties against air carriers ### penalties against air carriers and non - carrier economic operators


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


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


### 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


### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious crime and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment the passenger information unit may compare pnr data against relevant databases , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ; ### carrying out an assessment of the passengers prior to their scheduled arrival or departure from the member state in order to identify any persons who may be involved in a terrorist offence or serious crime , including individuals who may be travelling for the purpose of the perpetration , planning , or preparation of , or participation in , terrorist acts , or the providing or receiving of terrorist training , and who require further examination by the competent authorities referred to in article 5 . in carrying out such an assessment the passenger information unit may compare pnr data against relevant databases , including international or national databases or national mirrors of union databases , where they are established on the basis of union law , on persons or objects sought or under alert , in accordance with union , international and national rules applicable to such files . member states shall ensure that any positive match resulting from such automated processing is individually reviewed by non - automated means in order to verify whether the competent authority referred to in article 5 needs to take action ;


### this directive provides for the transfer by air carriers of passenger name record data of passengers of international flights to and from the member states , as well as the processing of that data , including its collection , use and retention by the member states and its exchange between them . ### this directive provides for the transfer by air carriers of passenger name record data relating to passenger flights between eu member states and third countries , for intra - eu flights and domestic flights , as well as the processing of that data , including its collection , use and retention by the member states and its exchange between them .


### air carriers already collect and process pnr data from their passengers for their own commercial purposes . this directive should not impose any obligation on air carriers to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers . ### air carriers already collect and process pnr data from their passengers for their own commercial purposes . this directive should not impose any obligation on air carriers and non - carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non - carrier economic operators .


### 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 .


### 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 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 transnational crime .


### pnr data help law enforcement authorities prevent , detect , investigate and prosecute serious crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to construct evidence and , where relevant , to find associates of criminals and unravel criminal networks . ### pnr data help the authorities responsible for prevention , detection and law enforcement prevent , detect , investigate and prosecute serious crimes and acts of terrorism , by comparing them with various databases of persons and objects sought , to construct evidence and , where relevant , to find associates of criminals and unravel criminal networks .


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


### two or more member states may establish or designate a single authority to serve as their passenger information unit . such passenger information unit shall be established in one of the participating member states and shall be considered the national passenger information unit of all such participating member states . the participating member states shall agree on the detailed rules for the operation of the passenger information unit and shall respect the requirements laid down in this directive . ### two or more member states may establish a single body or designate a body , for example at europol , to serve as their passenger information unit . the passenger information unit shall be established in one of the participating member states or at the headquarters of the higher - level body , such as europol , for instance , and shall be considered the national passenger information unit of all such participating member states . the participating member states shall agree on the detailed rules for the operation of the passenger information unit and shall respect the requirements laid down in this directive .


### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which , do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive . ### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers and non - carrier economic operators which , do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive .


### ‘ terrorist offences’ means the offences under national law referred to in articles 1 to 4 of council framework decision 2002 / 475 / jha ; ### ‘ terrorist offences’ means the offences under national law referred to in articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism as amended by council decision 2008 / 919 / jha .


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime . ### the passenger information unit of a member state shall have the right to request , if necessary the passenger information unit of any other member state to provide it with pnr data that have been already masked out . the passenger information unit shall only provide the full pnr data where it is reasonably believed that it is necessary for the purpose of article 4 and only when authorised to do so by an authority competent under article 9 .


### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious crime . ### as a result of the legal and technical differences between national provisions concerning the processing of personal data , including pnr , air carriers and non - carrier economic operators are and will be faced with different requirements regarding the types of information to be transmitted , as well as the conditions under which this information needs to be provided to competent national authorities . these differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing , detecting , investigating and prosecuting terrorist offences or serious crime .


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


### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers . ### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers and non - carrier economic operators transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers and non - carrier economic operators .


### 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 : ### 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 in duly reasoned request based on sufficient evidence and if :


### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . ### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states and to europol where any elements indicate such a transfer to be helpful for the prevention , detection , investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security . the passenger information units of the receiving member states may transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities through using their passenger information unit and using europol ' s existing secure information exchange network application .


### pnr data are necessary to effectively prevent , detect , investigate and prosecute terrorist offences and serious crime and thus enhance internal security . ### pnr data are necessary to effectively prevent , detect , investigate and prosecute terrorist offences and serious crime and thus enhance internal and international security .


### 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 .


### each member state shall adopt a list of the competent authorities entitled to request or receive pnr data or the result of the processing of pnr data from the passenger information units in order to examine that information further or take appropriate action for the purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious crime . ### each member state shall adopt a list of the competent authorities entitled to request or receive masked out pnr data or the result of the processing of pnr data from the passenger information units in order to examine that information further or take appropriate action for the specific purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security . europol shall be entitled to request or receive pnr data or the result of the processing of pnr data from the passenger information units of the member states within the limits of its mandate and when necessary for the performance of its tasks .


### ‘ 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 ;


### the period during which pnr data are to be retained should be proportionate to the purposes of the prevention , detection , investigation and prosecution of terrorist offences and serious crime . because of the nature of the data and their uses , it is necessary that the pnr data are retained for a sufficiently long period for carrying out analysis and for use in investigations . in order to avoid disproportionate use , it is necessary that , after an initial period , the data are anonymised and only accessible under very strict and limited conditions . ### the period during which pnr data are to be retained should be proportionate to the purposes of the prevention , detection , investigation and prosecution of terrorist offences and serious crime . because of the nature of the data and their uses , it is necessary that the pnr data are retained for a sufficiently long period for carrying out analysis and for use in investigations . in order to avoid disproportionate use , it is necessary that , after an initial period , the data are masked out and only accessible under very strict and limited conditions .


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


### 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 .


### 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 .


### two or more member states may establish or designate a single authority to serve as their passenger information unit . such passenger information unit shall be established in one of the participating member states and shall be considered the national passenger information unit of all such participating member states . the participating member states shall agree on the detailed rules for the operation of the passenger information unit and shall respect the requirements laid down in this directive . ### two or more member states may establish a single body or designate a body , for example at europol , to serve as their passenger information unit . the passenger information unit shall be established in one of the participating member states or at the headquarters of the higher - level body , such as europol , for instance , and shall be considered the national passenger information unit of all such participating member states . the participating member states shall agree on the detailed rules for the operation of the passenger information unit and shall respect the requirements laid down in this directive .


### 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 2 years , after which the data must be permanently deleted , the data must be anonymised after a very short period , the collection and use of sensitive data and any form of direct or indirect discrimination on the basis of the data collected are prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that the independent national supervisory authority provided for in directive 95 / 46 / ec on the protection of individuals with regard to the processing of personal data and on the free movement of such data is responsible for advising and monitoring how pnr data are processed and is obliged to report to the competent authorities any infringements of the procedures for transferring and processing such data . 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 .


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime . ### the passenger information unit of a member state shall have the right to request , if necessary the passenger information unit of any other member state to provide it with pnr data that have been already masked out . the passenger information unit shall only provide the full pnr data where it is reasonably believed that it is necessary for the purpose of article 4 and only when authorised to do so by an authority competent under article 9 .


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


### obligations on air carriers ### obligations on air carriers and non - carrier economic operators


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


### 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 .


### air carriers already collect and process pnr data from their passengers for their own commercial purposes . this directive should not impose any obligation on air carriers to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers . ### air carriers already collect and process pnr data from their passengers for their own commercial purposes . this directive should not impose any obligation on air carriers and non - carrier economic operators to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers and non - carrier economic operators .


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


### importers shall ensure that the ppe is accompanied by the instructions referred to in point 1 . 4 of annex ii in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### importers shall ensure that the ppe is accompanied by the instructions referred to in point 1 . 4 of annex ii in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned and when possible should be language neutral .


### ' for the purposes of environmental protection , member states may set up minimum quality standards for the treatment of the weee that has been collected . ' ### in article 8 paragraph 5 , subparagraph 1 is replaced by the following : ' for the purposes of environmental protection , member states shall set up minimum quality standards for the treatment of the weee that has been collected . these standards shall be published . '


### “5 . for the purposes of environmental protection , member states may set up minimum quality standards for the treatment of the weee that has been collected . ' ### in article 8 paragraph 5 , subparagraph 1 is replaced by the following : “5 . for the purposes of environmental protection , member states shall set up minimum quality standards for the treatment of the weee that has been collected . they shall publish these standards . '


### 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 .


### 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 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 . 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 .


### 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


### for that purpose , the commission shall ensure the availability , from manufacturers or national authorities , as the case may be , of robust non - personal data on real - world co2 emissions and energy consumption of heavy - duty vehicles . ### for that purpose , the commission shall ensure the availability , from manufacturers or national authorities , as the case may be , of robust non - personal data on real - world co2 emissions and energy consumption of heavy - duty vehicles , based on a standardisation of existing data collection systems .


### in designing the incentive mechanism for the deployment of zero - emission heavy - duty vehicles , also smaller lorries , buses and coaches that are not subject to the co2 emission targets under this regulation should be included . these vehicles also have significant benefits in terms of helping to address air pollution problems in cities . however , it should be noted that zero - emission buses are already on the market and are incentivised through demand - side measures such as public procurement . in order to ensure that the incentives are well balanced between the different types of vehicles , the savings resulting from the zero - emission smaller lorries , buses and coaches should therefore also be subject to a cap . ### in designing the incentive mechanism for the deployment of zero - emission heavy - duty vehicles , also smaller lorries , buses and coaches that are not subject to the co2 emission targets under this regulation should be included . these vehicles also have significant benefits in terms of helping to address air pollution problems in cities . however , it should be noted that zero - emission buses are already on the market and are incentivised through demand - side measures such as public procurement . in order to ensure that the incentives are well balanced between the different types of vehicles , the savings resulting from the zero - emission smaller lorries , buses and coaches should therefore also be subject to a cap . as legal entities for buses , coaches and trucks may differ within the same manufacturer , a ' group of connected manufacturers ' , as defined in the 510 / 2011 regulation , should be allowed to act as a manufacturer .


### in order to fully realise the energy efficiency potential and ensure that the road transport sector as a whole contributes to the greenhouse gas emission reductions agreed , it is appropriate to complement the already existing co2 emission standards for new passenger cars and light commercial vehicles by setting co2 emission performance standards for new heavy - duty vehicles . these standards will be a driver for innovation in fuel - efficient technologies , contributing to the strengthening of the technological leadership of the union’s manufacturers and suppliers . ### in order to fully realise the energy efficiency potential and ensure that the road transport sector as a whole contributes to the greenhouse gas emission reductions agreed , it is appropriate to complement the already existing co2 emission standards for new passenger cars and light commercial vehicles by setting co2 emission performance standards for new heavy - duty vehicles . these standards will be a driver for innovation in fuel - efficient technologies , contributing to the strengthening of the technological leadership of the union’s manufacturers and suppliers and securing high - skilled jobs in the long term .


### preparing candidate european cybersecurity certification schemes for ict products and services in accordance with article 44 of this regulation ; ### preparing candidate european cybersecurity certification schemes for ict products and services in cooperation with industry in accordance with article 44 of this regulation ;


### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . ### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . to improve the overall level of preparedness and resilience , the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing available information regarding significant incidents and by compiling reports with a view to providing guidance to businesses , citizens and relevant authorities at european and national level . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users . these campaigns should promote safer individual online behaviour and raise awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , forgery and illegal content , as well as advocate data protection and basic authentication to prevent data and identity theft . the agency should play a central role in accelerating end - user awareness on security of devices .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group and the permanent stakeholders’ group . the group and the permanent stakeholders’ group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . where relevant , enisa may in addition set up a certification stakeholder working group , composed of members of the permanent stakeholders’ group and any other relevant stakeholders , to provide expert advice on areas covered by a specific candidate scheme .


### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to deliver a co - ordinated eu response and increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . alongside eu - wide certification , there is a range of voluntary measures widely accepted in the market place , depending on the product , service , use or standard ; these measures as well as the industry bottom up approach , including the use of security - by - design , leveraging and contributing to international standards , should be encouraged .


### organise , in cooperation with the member states and union institutions , bodies , offices and agencies regular outreach campaigns to increase cybersecurity and its visibility in the union . ### organise , in cooperation with the member states and union institutions , bodies , offices , agencies and other relevant stakeholders regular outreach campaigns to increase cybersecurity and its visibility in the union .


### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia , particulate matter and methane in accordance with the national emission reduction commitments applicable from 2020 and 2030 , as laid down in annex ii . ### member states shall , as a minimum , limit their annual anthropogenic emissions of sulphur dioxide , nitrogen oxides , volatile organic compounds other than methane , ammonia and particulate matter .


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


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


### in order to promote cost - effective achievement of the national emission reduction commitments and of the intermediate emission levels , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council . 21 member states should also have the possibility to jointly meet their commitments and intermediate emission levels regarding methane and of making use of decision n°406 / 2009 / ec of the european parliament and of the council for so doing . 22 for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 . ### in order to promote cost - effective achievement of the national emission reduction commitments and of the intermediate emission levels , member states should be entitled to account for emission reductions from international maritime traffic if emissions from that sector are lower than the levels of emissions that would result from compliance with union law standards , including the sulphur limits for fuels set in directive 1999 / 32 / ec of the council . 21 for the purpose of checking compliance with their national emission ceilings , emission reduction commitments and intermediate emission levels , member states could adjust their national emission inventories in view of improved scientific understanding and methodologies regarding emissions . the commission could object to the use of any of these flexibilities by a member state , should the conditions set out in this directive not be met . __________________ 21 council directive 1999 / 32 / ec of 26 april 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending directive 93 / 12 / eec . 22 decision n°406 / 2009 / ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community’s greenhouse gas emission reduction commitments up to 2020 .


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


### it is within member states ' competence to set rules on remuneration in accordance with their law and practice . however , national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross - border provision of services . ### it is within member states ' competence to set rules on remuneration in accordance with their law and practice . however , these national rules on remuneration applied to posted workers must be proportionate , non - discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross - border provision of services .


### in a competitive internal market , service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency , or the quality and innovation of their goods and services . ### in a competitive internal market , service providers compete not only on the basis of costs but also on factors such as supply of skills , productivity and efficiency , and wages are always based on a series of parameters , including experience , profile , level of responsibilities , labour market conditions or on the quality and innovation of their goods and services .


### in a competitive internal market , service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency , or the quality and innovation of their goods and services . ### in a competitive internal market , service providers compete not only on the basis of labour costs but also on factors such as productivity and efficiency , and wages are always based on a series of parameters , including experience , profile , level of responsibilities , labour market conditions or on the quality and innovation of their goods and services .


### develop an economic model in order to assist the commission in determining the maximum termination rates in the union in accordance with article 73 of the directive ; ### develop in very close cooperation with other nras an economic model in order to assist the commission in determining the maximum termination rates in the union in accordance with article 73 of the directive


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


### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . member states should provide for minimum penalties in accordance with the applicable rules established by their legal systems , when the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 , when the perpetrator abused their professional position to enable money laundering , when the perpetrator is using large - scale sophisticated money laundering schemes such as smurfing , cash couriers , offshore jurisdictions , money laundering syndicates or when the offender acts as service provider for money laundering for more than one criminal group . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime ,


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for the tackling of money laundering by criminal law measures to be an effective tool against organised crime , it must not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country , subject to the conditions set out in this directive .


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


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country , subject to the conditions set out in this directive .


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


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


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


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


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


### money laundering and the associated financing of terrorism and organised crime remain significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union . in order to tackle those problems and also reinforce the application of directive 2015 / 849 / eu1 , this directive aims to tackle money laundering by means of criminal law , allowing for better cross - border cooperation between competent authorities . _______________ 1 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec . ### money laundering and the related financing of terrorism and organised crime remain very significant problems at the union level , thus damaging the integrity , stability and reputation of the financial sector and threatening the internal security and the internal market of the union and undermining trust among market players . in order to tackle those serious and urgent problems and also reinforce the application of directive 2015 / 849 / eu1 , this directive aims to tackle money laundering by means of criminal law , allowing for better , faster and more efficient cross - border cooperation between competent authorities . ___________________ 1 directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


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


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


### where money laundering activity does not simply amount to the mere possession or use , but also involves the transfer or the concealing and disguise of property through the financial system and results in further damage than that already caused by the predicate offence , such as damaging the integrity of the financial system , that activity should be punished separately . member states should thus ensure that such conduct is also punishable when committed by the perpetrator of the criminal activity that generated that property . ### member states should thus ensure that certain types of money laundering activity are also punishable when committed by the perpetrator of the criminal activity through which the property was obtained . where , in such cases , money laundering activity does not simply amount to the mere possession or use , but also involves the transfer , conversion , concealing or disguise of property through the financial system and results in further damage than that already caused by the predicate offence , such as damaging the integrity of the financial system , for example by putting into circulation the proceeds of criminal activity , thereby concealing the illegal provenance thereof , such activities should also be punishable .


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


### ' joint project ' means any item of infrastructure with an impact in a given cross - border region or any service of general economic interest provided in a given cross - border region ; ### ' joint project ' means any item of infrastructure with an impact in a given cross - border region or any service of general economic interest provided in a given cross - border region , regardless of whether this impact appears on both sides of the border or only on one side ;


### member states may also use the mechanism in cross - border regions on maritime borders or in cross - border regions between one or more member states and one or more third countries or one or more overseas countries and territories . ### member states may also use the mechanism in cross - border regions on maritime borders . moreover , member states may also apply the mechanism for joint projects in cross - border regions between one or more member states and one or more third countries or one or more overseas countries and territories .