### in accordance with the principles of shared management , member states should have the primary responsibility , through their management and control systems , for the implementation and control of the operations in programmes . in order to strengthen the effectiveness of the control over the selection and implementation of operations and the functioning of the management and control system , the functions of the managing authority should be specified . ### in accordance with the principles of shared management , member states should have , jointly with the elected regional and local authorities , the primary responsibility , through their management and control systems , for the implementation and control of the operations in programmes . in order to strengthen the effectiveness of the control over the selection and implementation of operations and the functioning of the management and control system , the functions of the managing authority should be specified


### additional general provisions are necessary in relation to the specific functioning of the funds . in particular , in order to increase their added value , and to enhance their contribution to the priorities of the union strategy for smart , sustainable and inclusive growth , the functioning of these funds should be simplified and concentrated on the goals of ‘ investment for growth and jobs’ and ‘ european territorial cooperation’ . ### additional general provisions are necessary in relation to the specific functioning of the funds . in particular , in order to increase their added value , and to enhance their contribution to the economic , social and territorial cohesion and to the priorities of the union strategy for smart , sustainable and inclusive growth , the functioning of these funds should be simplified and concentrated on the goals of ' investment for growth and jobs ' and ' european territorial cooperation ' .


### in order to promote the treaty objectives of economic , social and territorial cohesion , the ‘ investment for growth and jobs’ goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions whose gdp per capita for the 2007 - 2013 period was less than 75% of the average of the eu - 25 for the reference period but whose gdp per capita has grown to more than 75% of the eu - 27 average should receive at least two thirds of their 2007 - 2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ‘ investment for growth and jobs’ goal from the cf . ### in order to promote the treaty objectives of economic , social and territorial cohesion , the ' investment for growth and jobs ' goal should support all regions . to provide balanced and gradual support and reflect the level of economic and social development , resources under that goal should be allocated from the erdf and the esf among the less developed regions , the transition regions and the more developed regions according to their gross domestic product per capita in relation to the eu average . in order to ensure the long - term sustainability of investment from the structural funds , regions which were eligible for funding under convergence objective according to article 5 council regulation no 1083 / 2006 and whose gdp per capita is above 75% of the gdp average of the eu - 27 , and regions which were eligible for funding under transitional support according to article 8 council regulation no 1083 / 2006 should receive at least two thirds of their 2007 - 2013 allocation . member states whose per capita gross national income is less than 90 % of that of the union average should benefit under the ' investment for growth and jobs ' goal from the cf .


### since the objective of this regulation , namely to reduce disparities between levels of development of the various regions and the backwardness of the least favoured regions or islands , particular rural areas , areas affected by industrial transition , and regions which suffer from severe and permanent natural or demographic handicaps , cannot be sufficiently achieved by member states but can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective , ### since the objective of this regulation , namely to reduce disparities between levels of development of the various regions and the backwardness of the least favoured regions or islands , particular rural areas , areas affected by industrial transition , outermost regions and regions which suffer from severe and permanent natural or demographic handicaps , cannot be sufficiently achieved by member states but can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective ,


### ' union strategy for smart , sustainable and inclusive growth ' means the targets and&#160 ; shared objectives&#160 ; guiding the action of member states and the union set out in&#160 ; the communication of the commission : europe 2020 : &#160 ; a strategy for smart , sustainable and inclusive growth , and contained in the conclusions adopted by the european council of 17 june 2010 as annex i&#160 ; , council recommendation of 13 july 2010 on broad guidelines for the economic policies of the member states and the union1 and council decision of 21&#160 ; october 2010 on guidelines for the employment policies of the member states2 , and any revision of such targets and shared objectives . ### ' union strategy for smart , sustainable and inclusive growth ' means the objectives&#160 ; guiding the action of member states and the union set out in&#160 ; the communication of the commission : europe 2020 : &#160 ; a strategy for smart , sustainable and inclusive growth , and contained in the conclusions adopted by the european council of 17&#160 ; june&#160 ; 2010 as annex i&#160 ; , council recommendation of 13&#160 ; july&#160 ; 2010 on broad guidelines for the economic policies of the member states and the union1 and council decision of 21&#160 ; october&#160 ; 2010 on guidelines for the employment policies of the member states2 , and any revision of such objectives .


### ‘ local development strategy’ means a coherent set of operations to meet local objectives and needs , which contributes to meeting the union strategy for smart , sustainable and inclusive growth and which is implemented in partnership at the appropriate level ; ### ‘ local development strategy’ means a coherent set of operations to meet local objectives and needs , which contributes , at least in part , to meeting the union strategy for smart , sustainable and inclusive growth and which is implemented in partnership at the appropriate level ;


### the objectives of the csf funds shall be pursued in the framework of sustainable development and the union ' s promotion of the aim of protecting and improving the environment , as set out in article 11 of the treaty , taking into account the polluter pays principle . ### the objectives of the csf funds shall be pursued in the framework and with the ongoing concern of sustainable development and the union ' s promotion of the aim of preserving , protecting , improving and respecting the environment , in accordance with article 11 of the treaty , and in consideration of the polluter pays principle .


### the member states and the commission shall ensure that environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 . ### the member states , the commission , regional , urban and local authorities , as well as public authorities , shall ensure that strict environmental protection requirements , resource efficiency , climate change mitigation and adaptation , disaster resilience and risk prevention and management are promoted in the preparation and implementation of partnership contracts and programmes . member states shall provide information on the support for climate change objectives using the methodology adopted by the commission . the commission shall adopt this methodology by means of an implementing act . the implementing act shall be adopted in accordance with the examination procedure referred to in article 143 .


### promoting sustainable transport and removing bottlenecks in key network infrastructures ; ### promoting sustainable transport , developing clean or low - carbon public transport facilities and removing bottlenecks in key infrastructures ;


### promoting employment and supporting labour mobility ; ### promoting employment and training and supporting labour mobility in employment catchment areas or sectors in which this is necessary ;


### where a member state proposes an amendment to the partnership contract , the commission shall carry out an assessment in accordance with paragraph 1 and , where appropriate , shall adopt a decision , by means of implementing acts , approving the amendment . ### where a member state proposes an amendment to the partnership contract , the commission shall ensure that this amendment be proposed in accordance with regional and local authorities , as defined under article 4 , and carry out an assessment in accordance with paragraph 1 and , where appropriate , shall adopt a decision , by means of implementing acts , approving the amendment .


### each programme shall set out a strategy for the programme ' s contribution to the union strategy for smart , sustainable and inclusive growth consistent with the common strategic framework and partnership contract . each programme shall include the arrangements to ensure effective , efficient and coordinated implementation of the csf funds and actions to achieve a reduction of administrative burden for beneficiaries . ### each programme shall set out a strategy for the programme ' s contribution to the regional and local needs , with a reference to the common strategic framework and partnership contract . each programme shall include the arrangements to ensure effective , efficient and coordinated implementation of the csf funds and actions to achieve a reduction of administrative burden for beneficiaries .


### the commission shall assess the consistency of programmes with this regulation , the fund - specific rules , their effective contribution to the thematic objectives and the union priorities specific to each csf fund , the common strategic framework , the partnership contract , the country - specific recommendations under article 121 of the treaty and the council recommendations adopted under 148 of the treaty , taking account of the ex ante evaluation . the assessment shall address , in particular , the adequacy of the programme strategy , the corresponding objectives , indicators , targets and the allocation of budgetary resources . ### the commission shall assess the consistency of programmes with this regulation , the fund - specific rules , their effective contribution to the thematic objectives and the union priorities specific to each csf fund , the common strategic framework , the partnership contract , taking account of the ex ante evaluation . the assessment shall address , in particular , the adequacy and the feasability of the programme strategy , the corresponding objectives , indicators , targets and the allocation of budgetary resources .


### requests for amendment of programmes submitted by a member state shall be duly substantiated and shall in particular set out the expected impact of the changes to the programme on achieving the union strategy for smart , sustainable and inclusive growth and the specific objectives defined in the programme , taking account of the common strategic framework and the partnership contract . they shall be accompanied by the revised programme and , where appropriate , a revised partnership contract ### requests for amendment of programmes submitted by a member state shall be duly prepared in accordance with article 5 ; they shall be substantiated and shall in particular set out the expected impact of the changes to the programme on achieving the union strategy for smart , sustainable and inclusive growth and the specific objectives defined in the programme , taking account of the common strategic framework and the partnership contract . they shall be accompanied by the revised programme and , where appropriate , a revised partnership contract


### member states shall define criteria for the selection of local development strategies . the fund - specific rules may set out selection criteria . ### member states , in agreement with the regional and local authorities and in line with the principles laid out in article 4 and article , shall define criteria for the selection of local development strategies . the fund - specific rules may set out selection criteria .


### the ex post evaluations shall be carried out by the commission or by the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to the union strategy for smart , sustainable and inclusive growth in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall be completed by 31 december 2023 . ### the ex post evaluations shall be carried out by the commission or by the member states , in close cooperation . ex post evaluations shall examine the effectiveness and efficiency of the csf funds and their contribution to meeting the regional and local needs , in accordance with specific requirements established in the fund - specific rules . ex post evaluations shall contain an assessment of possible constraints to the implementation of csf funds programmes . ex post evaluations shall be completed by 31 december 2023 .


### member states shall give particular attention to prioritising growth - friendly expenditure , including spending on education , research , innovation and energy efficiency and expenditure to facilitate the access of smes to finance and to ensure environmental sustainability , the management of natural resources and climate action , and to ensuring the effectiveness of such spending . they shall also take account of maintaining or reinforcing the coverage and effectiveness of employment services and active labour market policies , with a focus on youth unemployment . ### member states shall give attention to encouraging growth - friendly expenditure , including spending on education , research , innovation and energy efficiency and expenditure to facilitate the access of smes and associations to finance and to ensure social and environmental sustainability , the management of natural resources , climate action and policies to combat exclusion and discrimination , and to ensuring that such spending is effective and in keeping with the union ' s economic strategy and the charter of fundamental rights of the european union . they shall also take account of maintaining or reinforcing the coverage and effectiveness of social policies , employment services and labour market policies , with a priority focus on youth unemployment .


### to ensure a real opening up of the market and a fair balance in the application of concession award rules in the water , energy , transport and postal services sectors it is necessary for the entities covered to be identified on a basis other than their legal status . it should be ensured , therefore , that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced . it is also necessary to ensure , in keeping with article 345 of the treaty , that the rules governing the system of property ownership in member states are not prejudiced . ### it should be ensured that equal treatment of contracting entities operating in the public sector and those operating in the private sector is granted . it is also necessary to ensure , in keeping with article 345 of the treaty , that the rules governing the system of property ownership in member states are not prejudiced .


### there is considerable legal uncertainty as to how far cooperation between public authorities should be covered by concession award rules . the relevant case - law of the court of justice of the european union is interpreted differently between member states and even between contracting authorities or certain contracting entities . it is therefore necessary to clarify in what cases concessions concluded between such authorities are not subject to the application of public concession award rules . such clarification should be guided by the principles set out in the relevant case - law of the court of justice . the sole fact that both parties to an agreement are themselves contracting authorities or contracting entities under art . 4 does not as such rule out the application of concession award rules . however , the application of concession award rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks . concessions awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities or entities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . this directive should aim to ensure that any exempted public - public cooperation does not cause a distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition . ### the relevant case - law of the court of justice of the european union on cooperation among contracting authorities is interpreted differently between member states and even between contracting authorities or certain contracting entities . it is therefore necessary to clarify in what cases concessions concluded between such authorities are not subject to the application of public concession award rules . such clarification should be guided by the principles set out in the relevant case - law of the ecj . the application of concession award rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks . concessions awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities or entities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . this directive should aim to ensure that any exempted public - public cooperation , while providing to citizens services of public interest , is not considered as a source of possible distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition .


### that economic risk may consist in either of the following : ### that operating risk may consist in either of the following :


### the duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the investments made in operating the works or services together with a reasonable return on invested capital . ### the duration of the concession shall be limited to the time estimated , among other factors , to be necessary for the concessionaire to recoup the investments made in operating the works or services taking into account other objective criteria such as the public interest for high - quality provision or environmentally and socially sustainable performance of the service .


### member states may provide that contracting authorities or contracting entities exclude from participation in a concession award any economic operator if one of the following conditions is fulfilled : ### member states shall provide that contracting authorities or contracting entities exclude from participation in a concession award any economic operator if one of the following conditions is fulfilled :


### member states may provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender , in compliance with paragraph 2 . those criteria may include , in addition to price or costs , any of the following criteria ### member states shall provide that contracting authorities and contracting entities shall base the award of concessions on the criterion of the most economically advantageous tender , in compliance with paragraph 2 . those criteria may include , in addition to price or costs , any of the following criteria


### in the concession documents , the contracting authority or contracting entity may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the concession documents , the contracting authority or contracting entity may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors providing all relevant information concerning subcontractors ' names and legal representatives .


### horizon 2020 - the framework programme for research and innovation in the european union , focuses on three priorities , namely generating excellent science in order to strengthen the union ' s world - class excellence in science , fostering industrial leadership to support business , including small and medium - sized enterprises and innovation and tackling societal challenges , in order to respond directly to the challenges identified in the europe 2020 strategy by supporting activities covering the entire spectrum from research to market . horizon 2020 should support all stages in the innovation chain , especially activities closer to the market including innovative financial instruments , as well as non - technological and social innovation , and aims to satisfy the research needs of a broad spectrum of union policies by placing emphasis on the widest possible use and dissemination of knowledge generated by the supported activities up to its commercial exploitation . the priorities of horizon 2020 should also be supported through a programme under the euratom treaty on nuclear research and training . ### horizon 2020 - the framework programme for research and innovation in the european union , focuses on three priorities , namely generating excellent science in order to strengthen the union ' s world - class excellence in science , fostering industrial leadership to support business , including small and medium - sized enterprises and innovation and tackling societal challenges , in order to respond directly to the challenges identified in the europe 2020 strategy . horizon 2020 should support all stages in the innovation chain , including activities closer to the economies and innovative financial instruments , as well as non - technological and social innovation , and aims to satisfy the research needs of a broad spectrum of union policies by placing emphasis on the widest possible use and dissemination of knowledge generated by the supported activities up to its commercial exploitation .


### the implementation of horizon 2020 may give rise to supplementary programmes involving the participation of certain member states only , the participation of the union in programmes undertaken by several member states , or the setting up of joint undertakings or other arrangements within the meaning of articles 184 , 185 and 187 tfeu . ### the implementation of horizon 2020 may give rise - under specific and transparent conditions - to supplementary programmes involving the participation of certain member states only , the participation of the union in programmes undertaken by several member states , or the setting up of joint undertakings or other arrangements within the meaning of articles 184 , 185 and 187 tfeu .


### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , the internal security , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies . ### to achieve maximum impact , horizon 2020 should develop close synergies with other union programmes in areas such as education , space , environment , competitiveness and smes , culture and media and with the cohesion policy funds and rural development policy , which can specifically help to strengthen national and regional research and innovation capabilities in the context of smart specialisation strategies .


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


### particular attention shall be paid to the principle of proportionality , the right to privacy , the right to the protection of personal data , the right to the physical and mental integrity of a person , the right to non - discrimination and the need to ensure high levels of human health protection . ### particular attention shall be paid to the principle of proportionality , the right to privacy , the right to the protection of personal data , the right to the physical and mental integrity of a person , the right to non - discrimination based on nationality , ethnic origin , disability , religion or belief , age , gender or sexual orientation and the need to ensure high levels of human health protection .


### activities to disseminate information and carry out communication activities shall be an integral task under all of the actions supported by horizon 2020 . ### activities to disseminate information and carry out communication activities shall be an integral task under all of the actions supported by horizon 2020 , taking particular care of providing this information in a way that facilitates easy access by all , notably persons with disabilities .


### initiatives aimed at widening awareness and facilitating access to funding under horizon 2020 , in particular for those regions or types of participant that are underrepresented ; ### initiatives aimed at widening awareness and facilitating access to funding under horizon 2020 , in particular for those regions or types of participant that are underrepresented , as is the case of researchers and participants with disabilities ;


### climate action , resource efficiency and raw materials ; ### climate action , resource efficiency and sustainable use of raw materials ;


### all the activities shall take a challenge - based approach , focusing on policy priorities without predetermining the precise choice of technologies or solutions that should be developed . the emphasis shall be on bringing together a critical mass of resources and knowledge across different fields , technologies and scientific disciplines in order to address the challenges . the activities shall cover the full cycle from research to market , with a new focus on innovation - related activities , such as piloting , demonstration , test - beds , support for public procurement , design , end - user driven innovation , social innovation and market take - up of innovations . ### all the activities shall take a challenge - based approach , focusing on policy priorities without predetermining the precise choice of technologies or solutions that should be developed . the emphasis shall be on bringing together a critical mass of resources and knowledge across different fields , technologies and scientific disciplines in order to address the challenges . the activities shall cover the full cycle from research to market , as well as its impact on society , with a new focus on innovation - related activities , such as piloting , demonstration , test - beds , support for public procurement , design , end - user driven innovation , social innovation and market take - up of innovations .


### for all the enabling and industrial technologies , including the kets , a major aim will be to foster interactions between the technologies , and with the applications under the societal challenges . this shall be fully taken into account in developing and implementing the agendas and priorities . it requires that stakeholders representing the different perspectives are fully involved in priority setting and implementation . in certain cases , it will also require actions that are jointly funded by the enabling and industrial technologies , and by the relevant societal challenges . this will include joint funding for public - private partnerships that aim to develop technologies and apply them to address societal challenges . ### for all the enabling and industrial technologies , including the kets , a major aim will be to foster interactions between the technologies , and with the applications under the societal challenges . this shall be fully taken into account in developing and implementing the agendas and priorities . it requires that stakeholders representing the different perspectives are fully involved in priority setting and implementation . in certain cases , it will also require actions that are jointly funded by the enabling and industrial technologies , and by the relevant societal challenges . this will include joint funding for public - private partnerships and for partnerships with civil society organisations that aim to develop technologies and methods and apply them to address societal challenges .


### fostering new modes of cooperation between countries within the union and worldwide , as well as across relevant research and innovation communities , will therefore be a central task under this challenge . engaging citizens and industry , supporting social and technological innovation processes , encouraging smart and participatory public administration , as well as promoting evidence based policymaking will be systematically pursued in order to enhance the relevance of all these activities for policymakers , social and economic actors and citizens . in this regard , research and innovation will be a precondition for the competitiveness of european industries and services , in particular in the areas of security , digital development and privacy protection . ### fostering new modes of cooperation between countries within the union and worldwide , as well as across relevant research and innovation communities , will therefore be a central task under this challenge . engaging citizens and industry , supporting social and technological innovation processes , encouraging smart and participatory public administration , as well as promoting evidence based policymaking will be systematically pursued in order to enhance the relevance of all these activities for policymakers , social and economic actors and citizens . in this regard , research and innovation will be a precondition for the competitiveness of european industries and services , in particular in the areas of security , digital development and privacy protection . the success of the implementation of necessary changes really depends of the public engagement with science and innovation and its benefits . in order to achieve that it is essential to focus on the social aspects in the societal challenges involving not only industry players , but also researchers and universities , as well as civil society and its organisations and institutions .


### ensure societal engagement in research and innovation ; ### ensure societal engagement in research and innovation in order to achieve science with and for society ;


### the commission should ensure that macro - financial assistance is in line with the key principles , objectives and measures taken within the different areas of external action and other relevant union policies . ### the commission should ensure that macro - financial assistance is in line with the key principles , objectives and measures taken within the different areas of external action and other relevant union policies , whereby the union should not seek to impose these but agree on them with the countries receiving assistance .


### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , in order to prevent diseases and promote good health . ### to identify , disseminate and promote the up - take of validated best practices for cost - effective prevention measure by addressing the key risk factors , namely smoking , abuse of alcohol and obesity , as well as hiv / aids , with a focus on the cross border dimension , and operating in a gender - sensitive framework , in order to prevent diseases and promote good health .


### 3 . health workforce : develop effective health workforce forecasting and planning in terms of numbers , scope of practice and skills , monitor mobility and migration of health professionals , establish efficient recruitment and retention strategies and capacity development . ### 3 . health workforce : develop effective health workforce forecasting and planning in terms of numbers , gender equality , scope of practice and skills , monitor mobility and migration of health professionals , establish efficient recruitment and retention strategies and capacity development .


### 1 . cost - effective promotion and prevention measures : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in communication and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , addressing obesity with a focus on the cross - border dimension and on member states with no or little action on these issues . ### 1 . cost - effective promotion and prevention measures : this will include actions towards the setting up of pan - european networks and partnerships engaging wide range of actors in communication and awareness raising actions on key health issues such as smoking prevention , abuse of alcohol , addressing obesity with a focus on the cross - border dimension and on member states with no or little action on these issues , and operating in a gender - sensitive framework .


### the application of certain union acts governing the free movement of goods , persons , services and capital in the internal market requires member states to cooperate and exchange information with one another and with the commission . as practical means to implement such information exchange are often not specified in those acts , appropriate practical arrangements need to be made . ### the application of certain union acts governing the free movement of goods , persons , services and capital in the internal market requires member states to cooperate more effectively and exchange information with one another and with the commission . as practical means to implement such information exchange are often not specified in those acts , appropriate practical arrangements need to be made .


### personal data processed in imi shall be blocked at the latest eighteen months after the formal closure of an administrative cooperation procedure , unless blocking before that period is expressly requested by a competent authority , on a case - by - case basis . ### personal data processed in imi shall be deleted automatically at the latest eighteen months after the formal closure of an administrative cooperation procedure , unless blocking or deletion before that period is expressly requested by a competent authority and the request substantiated , on a case - by - case basis .


### during a border surveillance operation at sea , a situation may occur where it will be necessary to render assistance to persons found in distress . in accordance with international law , every state must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance should be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . ### if , during a border surveillance operation at sea , it is necessary to render assistance to persons found in distress , every member state , in accordance with international law , must require the master of a ship flying its flag , in so far as he can do so without serious danger to the ship , the crew or the passengers , to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress . such assistance must be provided regardless of the nationality or status of the persons to be assisted or of the circumstances in which they are found . accordingly , no action whatsoever , including criminal proceedings and penalties , must be taken to deter the master of a ship from rendering assistance to persons in distress at sea .


### pursuant to regulation no 2007 / 2004 , border surveillance operations coordinated by the agency are conducted in accordance with an operational plan . accordingly , as regards sea operations , the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation or pilot project takes place , including references to international and union law , regarding interception , rescue at sea and disembarkation . in turn , this regulation governs the issues of interception , rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the agency . ### pursuant to regulation no 2007 / 2004 , border surveillance operations coordinated by the agency are conducted in accordance with an operational plan . accordingly , as regards sea operations , the operational plan should include specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation , pilot project or rapid intervention takes place , in accordance with international and union law , regarding interception , rescue at sea , disembarkation and rules and procedures which ensure that persons with international protection needs , victims of human trafficking , unaccompanied minors and other vulnerable persons are identified during the operation and provided with appropriate assistance , including access to international protection . in turn , this regulation governs the issues of interception , rescue at sea and disembarkation in the context of sea border surveillance operations coordinated by the agency . disembarkation in a third country must be an exceptional measure . the operational plan should also include arrangements for monitoring by the fundamental rights officer of the agency or any other body designated for that purpose .


### before deciding on disembarkation in a third country , the participating units shall take into account the general situation in that third country and intercepted or rescued persons shall not be disembarked in that third country when the host member state or the participating member states are aware or ought to be aware that this third country is engaged in practices as described in paragraph 1 . ### before deciding on disembarkation , the host member state and the participating member states shall consider the general situation in the neighbouring third country or countries . intercepted or rescued persons shall not be disembarked in a third country when the host member state or the participating member states are aware or ought to be aware that the third country in or to which persons are to be disembarked or returned respectively is engaged in practices as described in paragraph 1 . for that purpose , they may use the information prepared by the european asylum support office , the agency and the united nations high commissioner for refugees or by an international or non - governmental organisation or organisations . the information gathered in this way shall be forwarded to the participating units .


### the participating units shall address the special needs of children , victims of trafficking , persons in need of urgent medical assistance , persons in need of international protection and other persons in a particularly vulnerable situation throughout the sea operation . ### the participating units shall ensure the special needs of children , victims of trafficking , persons in need of urgent medical assistance , persons in need of international protection and other persons in a particularly vulnerable situation are sufficiently met in all decisions and measures throughout the sea operation . for this purpose , participating units shall be able to draw on medical doctors , interpreters and other relevant experts .


### the participating units shall address the special needs of children , victims of trafficking , persons in need of urgent medical assistance , persons in need of international protection and other persons in a particularly vulnerable situation throughout the sea operation . ### in connection with all decisions and measures taken throughout the sea operation , the participating units shall properly address the special needs of children , victims of trafficking , persons with a disability , persons in need of urgent medical assistance , persons in need of international protection and other persons in a vulnerable situation . accordingly , the participating units shall be able to provide doctors , interpreters and any other specialist required in order to address needs .


### upon detection , the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and , pending further measures , it shall be surveyed at a prudent distance . the participating units shall communicate information about the ship immediately to the international coordination centre . ### upon detection , the participating units shall approach a ship suspected of crossing or intending to cross the border in an irregular manner to observe its identity and nationality and , pending further measures , it shall be surveyed at a prudent distance . the participating units shall communicate information about the ship immediately to the international coordination centre , including information about the situation of persons on board , in particular whether there is an imminent risk to their lives or health .


### «baile átha cliath / dublin / corcaigh / cork – zeebrugge / antwerpen / rotterdam . ### «baile átha cliath / dublin / corcaigh / cork – zeebrugge / antwerpen / rotterdam . le havre / calais / dunkerque / boulogne sur mer -


### it is necessary to ensure the safe use of reclaimed water , thereby encouraging water reuse at union level and enhancing public confidence in it . supply of reclaimed water for particular uses should therefore only be permitted on the basis of a permit , granted by competent authorities of member states . in order to ensure harmonised approach at union level , traceability and transparency , the substantive rules for that permit should be laid down at the union level . however , the details of the procedures for granting permits should be determined by member states . member states should be able to apply existing procedures for granting permits which should be adapted to take account of the requirements introduced by this regulation . ### it is necessary to ensure the safe use of reclaimed water , thereby encouraging water reuse at union level and enhancing public confidence in it . the supply of reclaimed water for particular uses will therefore fall under the sole responsibility of public administrations .


### reuse of appropriately treated waste water , for example from urban waste water treatment plants or industrial installations , is considered to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination , but such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse , and , as regards in particular agricultural products , the potential obstacles to the free movement of such products irrigated with reclaimed water . ### reuse of appropriately treated waste water , for example from public urban waste water treatment plants or public industrial installations , is considered to have a lower environmental impact than other alternative water supply methods , such as water transfers or desalination , but such reuse only occurs to a limited extent in the union . this appears to be partly due to the lack of common union environmental or health standards for water reuse , and , as regards to agricultural products in particular , the potential obstacles to the free movement of such products irrigated with reclaimed water .


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


### reclamation plant operators shall ensure that reclaimed water destined for a use specified in section 1 of annex i , shall , at the outlet of the reclamation plant , comply with the following : ### public bodies owning reclamation plants shall ensure that reclaimed water destined for a use specified in section 1 of annex i , shall , at the outlet of the reclamation plant , comply with the following :


### adopt non - binding guidelines for inspectors , handbooks of good practice and common principles of inspections to tackle undeclared work , ### develop non - binding guidelines for inspectors , handbooks of good practice and common principles of inspections to tackle undeclared work ,


### improving cooperation between member states ' different enforcement authorities at eu level to prevent and deter undeclared work , including bogus self - employment , more efficiently and effectively , ### improving co - operation between member states ' authorities in order to prevent and deter more efficiently and effectively undeclared work , including bogus self - employment ,


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


### a platform to enhance eu cooperation in the prevention and deterrence of undeclared work , hereinafter referred to as ' the platform ' , is hereby established . ### a platform to enhance cooperation between member states at union level in the prevention and deterrence of undeclared work , hereinafter referred to as ' the platform ' , is hereby established .


### member states shall provide the commission with the list and contact details of all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work . ### member states shall provide the commission with the list and contact details of all relevant authorities which are involved in the prevention and / or deterrence of undeclared work .


### the commission will take the necessary administrative steps to set up the network . ### the commission will take the necessary administrative steps to set up the platform .


### the commission shall coordinate the work of the platform and chair its meetings . ### the commission shall promote and facilitate the work of the platform and chair its meetings .


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


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


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


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


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


### it is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the member states , notably by only including in the scope the products and services which have been thoroughly selected . ### it is necessary to introduce accessibility requirements which enable all persons with functional limitations including persons with disabilities to fully use the products and services and infrastructure covered by this directive . accessibility requirements should be introduced in the least burdensome manner for the economic operators and the member states .


### consumer terminal equipment with advanced computing capability related to telephony services ; ### consumer terminal equipment with advanced computing capability related to interpersonal communication services ;


### the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : ### the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age and health - related impairments , shall be achieved by complying with the following barrier - free accessibility requirements :


### the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : ### the design and production of products in order to maximise their foreseeable use by persons with disabilities and persons with age related or other impairments , shall be achieved by complying with the following accessibility requirements :


### they shall apply those provisions from [ … insert date - six years after the entry into force of this directive ] . ### they shall apply those provisions from : . . . [ three years after the date of entry into force of this directive ] for products referred to in point of article 1 - general purpose computer hardware and operating systems ; . . . [ five years after the date of entry into force of this directive ] for products referred to in point of article 1 - self - service terminals ; . . . [ four years after the date of entry into force of this directive ] for products referred to in point of article 1 - consumer terminal equipment with advanced computing capability related to telephony services ; . . . [ four years after the date of entry into force of this directive ] for products referred to in point of article 1 - consumer terminal equipment with advanced computing capabilities related to audiovisual media services ; . . . [ four years after date of the entry into force of this directive ] for products referred to in point of article 1 - household appliances operated by a user interface ; . . . [ four years after the date of entry into force of this directive ] for services referred to in point of article 1 - telephony services ; . . . [ six years after the date of entry into force of this directive ] for services referred to in point of article 1 - audiovisual media services ; . . . [ three years after the date of entry into force of this directive ] for services referred to in point of article 1 - air , bus , rail and waterborne passenger transport services ; . . . [ five years after the date of entry into force of this directive ] for services referred to in point of article 1 - air , bus , rail and waterborne passenger transport services ; . . . [ 10 years after the date of entry into force of this directive ] for services referred to in point of article 1 , air , bus , rail and waterborne passenger transport services ; . . . [ five years after the date of entry into force of this directive ] for services referred to in point of article 1 - banking services and payment terminals ; . . . [ three years after the date of entry into force of this directive ] for services referred to in point of article 1 - banking services and payment terminals ; . . . [ three years after the date of entry into force of this directive ] for services referred to in point of article 1 - e - books ; . . . [ three years after the date of entry into force of this directive ] for services referred to in point of article 1 - e - commerce , websites of providers of products and services , social media and new websites , and online platforms ; . . . [ three years after the date of entry into force of this directive ] for services referred to in point of article 1 - accommodation services ; - . . . [ three years after the date of entry into force of this directive ] for services referred to in point of article 1 - accommodation services .


### the assessment of whether compliance with accessibility requirements referred to in article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned . ### the assessment of whether compliance with accessibility requirements referred to in article 21 imposes a disproportionate burden shall be performed by the competent authorities concerned . lack of priority , time or knowledge shall not be considered as legitimate reasons to claim a disproportionate burden .


### the information on the use of the product provided in the product itself , which : must be available by more than one sensory channel ; must be understandable ; must be perceivable ; shall have an adequate size of fonts in foreseeable use conditions ### the information on the use of the product provided on the product itself , which : shall be understandable ; shall be perceivable ; shall have an adequate size and type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use ; shall be made available in accessible web format and electronic non - web documents by making them perceivable , operable , understandable and robust .


### the information on the use of the product provided in the product itself , which : must be available by more than one sensory channel ; must be understandable ; must be perceivable ; shall have an adequate size of fonts in foreseeable use conditions ; ### the information on the use of the product provided on the product itself , which : shall be understandable ; shall be perceivable ; shall have an adequate size and type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable use conditions ; shall be made available in accessible web format and electronic non - web documents by making them perceivable , operable ; understandable and robust ;


### the burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources , whether public or private . ### the burden shall not be deemed disproportionate where it is compensated by funding from other sources than the economic operator’s own resources , whether public or private . lack of priority , time or knowledge shall not be considered as legitimate reasons to claim the disproportionate burden .


### the ce marking , indicating the conformity of a product with the accessibility requirements of this directive , is the visible consequence of a whole process comprising conformity assessment in a broad sense . this directive should follow the general principles governing the ce marking of regulation no 765 / 2008 of the european parliament and of the council40 setting out the requirements for accreditation and market surveillance relating to the marketing of products . __________________ 40 regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 93 . ### the ce marking , indicating the conformity of a product with the accessibility requirements of this directive , is the visible consequence of a whole process comprising conformity assessment in a broad sense . this directive should follow the general principles governing the ce marking of regulation no 765 / 2008 of the european parliament and of the council40 setting out the requirements for accreditation and market surveillance relating to the marketing of products . a separate marking system should be introduced in order to be clearer for all consumers , including persons with disabilities , with aged related or any other impairments , that specific products and services comply with this directive . the ce marking will thus be complemented by information on the packaging to indicate accessibility to the users . __________________ 40 regulation no 765 / 2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation no 339 / 93 .


### the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : the content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and the instructions shall provide alternatives to non - text content ; ### the product instructions for use , installation and maintenance , storage and disposal of the product , which shall comply with the following : shall be made available in accessible web format and electronic non - web document by making them perceivable , operable , understandable and robust shall list and explain how to use the accessibility features of the product and its compatibility with a variety of assistive technologies available at union and international level shall be provided on alternate non - electronic formats upon request . the alternate non - electronic formats may include large print , braille , or easy - to - read .


### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority . ### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . the final decision as to whether to grant an exception shall be made by the market surveillance authority of the member state on a case - by - case basis , while taking into account the independent third party assessment that might have been provided by the economic operator


### must be understandable ; ### shall be perceivable


### the approximation of national measures at union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services , to create economies of scale , to facilitate cross - border trade and mobility , as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the union . ### the approximation of national measures at union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services , to create economies of scale , to facilitate cross - border trade and mobility , by reducing and preventing barriers , and to facilitate freedom of movement of products , services and persons with disabilities , as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the union .


### for reasons of proportionality , accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned , or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria . ### for reasons of proportionality , accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned , or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria . control mechanisms nevertheless have to be in place in order to verify , where necessary , the rightful exception from the accessibility requirements application .


### &#8220 ; accessible products and services&#8221 ; are products and services that are perceptible , operable and understandable for persons with functional limitations , including persons with disabilities , on an equal basis with others ; ### &#8220 ; accessible products and services&#8221 ; are products and services that are perceptible , operable and understandable for persons with functional limitations and persons with disabilities , on an equal basis with others ;


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


### &#8220 ; accessible products and services&#8221 ; are products and services that are perceptible , operable and understandable for persons with functional limitations , including persons with disabilities , on an equal basis with others ; ### &#8220 ; accessible products and services&#8221 ; are products and services that are perceptible , operable and understandable for persons with disabilities , including persons handicapped by age or other factors , on an equal basis with others ;


### self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services : ### self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services shall comply with the requirements laid down in section ii :


### it is necessary to provide that , for legislative acts of the union establishing accessibility obligations without providing accessibility requirements or specifications , accessibility is defined by reference to the accessibility requirements of this directive . that is the case of directive 2014 / 23 / eu of the european parliament and of the council , 35 directive 2014 / 24 / eu of the european parliament and of the council , 36 and directive 2014 / 25 / eu of the european parliament and of the council , 37 which require that technical specifications and technical or functional requirements of the concessions , works or services falling within their scope take into account accessibility criteria for persons with disabilities or ' design for all ' users . __________________ 35 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 36 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . ### it is necessary to provide that , for legislative acts of the union establishing accessibility obligations without providing accessibility requirements or specifications , accessibility is defined by reference to the accessibility requirements of this directive . that is the case of directive 2014 / 23 / eu of the european parliament and of the council , 35 directive 2014 / 24 / eu of the european parliament and of the council , 36 and directive 2014 / 25 / eu of the european parliament and of the council , 37 which require that technical specifications and technical or functional requirements of the concessions , works or services falling within their scope take into account accessibility criteria for persons with disabilities or ' design for all ' users . as well as directive 2010 / 13 / eu of the european parliament and of the council37a and any other future union legislation referencing accessibility for persons with disabilities . this directive should help consumers to make informed decisions and the union should take accessibility into account when revising directive 2011 / 83 / eu of the european parliament and of the council37b , as well as any existing or future eu legislation referencing accessibility . __________________ 35 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 36 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec ° . 37 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec . 37a directive 2010 / 13 / eu of the european parliament and of the council of 10 march 2010 on the coordination of certain provisions laid down by law , regulation or administrative action in member states concerning the provision of audiovisual media services . 37b directive 2011 / 83 / eu of the european parliament and of the council of 25 october 2011 on consumer rights , amending council directive 93 / 13 / eec and directive 1999 / 44 / ec of the european parliament and of the council and repealing council directive 85 / 577 / eec and directive 97 / 7 / ec of the european parliament and of the council .


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


### consumer terminal equipment with advanced computing capability related to audio - visual media services . ### consumer terminal equipment related to audio - visual media services .


### general purpose computer hardware and operating systems ### general purpose computer hardware , operating systems and household appliances operated by user interface


### 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 conditions for the transfer by air carriers of passenger name record data of passengers of pre - selected international flights between member states and third countries , as well as the use , retention and exchange of that data by the member states .


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


### the pnr data of passengers and the result of the processing of pnr data received by the passenger information unit may be further processed by the competent authorities of the member states only for the purpose of preventing , detecting , investigating or prosecuting terrorist offences or serious crime . ### the pnr data of passengers and the result of the processing of pnr data received by the passenger information unit may be further processed by the competent authorities of the member states only for the purpose of prevention , detection , investigation and prosecution of terrorist offences and certain types of serious transnational crime as defined in point of article 2 and according to article 4 .


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


### period of data retention ### pnr data requests


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


### the transfer is necessary for the purposes of this directive specified in article 1 , and ### the transfer is necessary for and proportionate to the purposes of this directive specified in article 1 , and


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


### each member state shall provide that , in respect of all processing of personal data pursuant to this directive , every passenger shall have the same right to access , the right to rectification , erasure and blocking , the right to compensation and the right to judicial redress as those adopted under national law in implementation of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha . the provisions of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha shall therefore be applicable . ### each member state shall provide that , in respect of all processing of personal data pursuant to this directive , every passenger shall have the same right to access , the right to rectification , erasure and blocking , the right to compensation and the right to judicial redress as those adopted under national law in implementation of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha . the provisions of articles 17 , 18 , 19 , 20 and 25 of the council framework decision 2008 / 977 / jha shall therefore be applicable .


### the transfer is necessary for the purposes of this directive specified in article 1 , and ### the transfer is strictly necessary for the purposes of this directive specified in article 1 .


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


### 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 10 days after the transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be deleted unless it is strictly necessary for the purpose of prevention , detection , investigation and prosecution of terrorist offences and certain types of serious transnational crime as defined in point of article 2 and according to article 4 . in any case all pnr data has to be deleted no later than two years after the first transfer of the pnr data to any passenger information unit . 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 . as long as data are retained , 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 . 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 in response to a specific and actual threat or risk or a specific investigation or prosecution .


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


### each member state should be responsible for assessing the potential threats related to terrorist offences and serious crime . ### each member state should be responsible for assessing the potential threats related to terrorist offences and serious transnational crime .


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


### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken by reason of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken by reason of a person’s race , social or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life .


### 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 purpose of prevention , detection , investigation and prosecution of terrorist offences and serious crime according to article 4 . deleted deleted


### 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 shall 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 .


### 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 pnr data to be obtained by the passenger information unit should be drawn up with the objective of 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 , social 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 may contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers .


### 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 conditions 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 use , retention and exchange of that data by member states .


### 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 conditions for the transfer by air carriers of passenger name record data of passengers of pre - selected international flights between member states and third countries , as well as the use , retention and exchange of that data by the member states .


### the processing of personal data must be proportionate to the specific security goal pursued by this directive . ### the processing of personal data must be necessary for , and proportionate to , the specific goal pursued by this directive .