### the european investment advisory hub should be enhanced and its activities should focus on needs not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states and projects that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi . ### the european investment advisory hub should be enhanced through increased accessibility and transparency , and its activities should focus on needs not covered adequately under current arrangements : it should pay particular attention to supporting the preparation of projects providing genuine additionality , involving two or more member states and that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating and eventually aggregating projects , for example in the area of energy efficiency . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi , as well as informing about the respective eligibility criteria to be respected by these funds .


### “ information and communication technologies infrastructures ; ” ### point d ) is amended as follows “ information and communication technologies infrastructures such as energy efficient block chain technologies to create economic incentives for environmentally responsible behaviour ; ”


### decisions approving the use of the eu guarantee shall be public and accessible , and include the rationale for the decision , with particular focus on compliance with the additionality criterion . the publication shall not contain commercially sensitive information . in reaching its decision , the investment committee shall be supported by the documentation provided by the eib . ### decisions approving the use of the eu guarantee shall be public and accessible through detailed minutes , and include the rationale for the decision , with particular focus on compliance with the additionality criterion . the scoreboard shall function as a priority setting tool for each efsi project and shall be publicly available after the evaluation of projects applying for the use of the eu guarantee . the publication shall not contain commercially sensitive information . in reaching its decision , the investment committee shall be supported by the documentation provided by the eib .


### leveraging local knowledge to facilitate efsi support across the union and contributing where possible to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ### leveraging local knowledge to facilitate efsi support across the union and contributing where possible to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate and aggregate operations ;


### “7 . the union shall contribute up to a maximum of eur 20 000 000 per annum towards covering the costs of eiah operations until 31 december 2020 for the services provided by the eiah under paragraph 2 which are in addition to those already available under other union programmes , insofar as those costs are not covered by the remaining amount from fees referred to in paragraph 4 . ” ### paragraph 7 is replaced by the following : “7 . the union shall contribute up to a maximum of eur 50 000 000 per annum towards covering the costs of eiah operations until 31 december 2020 for the services provided by the eiah under paragraph 2 which are in addition to those already available under other union programmes , insofar as those costs are not covered by the remaining amount from fees referred to in paragraph 4 . ”


### as a means to enhance the overall cost - effectiveness of total reductions , member states should be able to transfer part of their annual emission allocation to other member states . the transparency of such transfers should be ensured and may be carried out in a manner that is mutually convenient , including by means of auctioning , the use of market intermediaries acting on an agency basis , or by way of bilateral arrangements . ### as a means to enhance the overall cost - effectiveness of total reductions , member states should be able to transfer part of their annual emission allocation to other member states . the transparency of such transfers should be ensured and may be carried out in a manner that is mutually convenient , including by means of auctioning , the use of market intermediaries acting on an agency basis , or by way of bilateral arrangements . the revenue of such transfers should be made available for building renovation projects in particular for low income households affected by energy poverty and social housing in line with the energy efficiency directive [ . . . ] .


### this regulation lays down obligations on the minimum contributions of member states to meeting the greenhouse gas emission reduction commitment of the union for the period from 2021 to 2030 , rules on determining annual emission allocations and for the evaluation of member states ' progress towards meeting their minimum contributions . ### this regulation requires member states to collectively reduce greenhouse gas emissions covered in article 2 by at least 30% in 2030 compared to 2005 . it lays down obligations on the minimum contributions of member states to meeting the greenhouse gas emission reduction commitment of the union for the period from 2021 to 2030 , rules on determining annual emission allocations and for the evaluation of member states ' progress towards meeting their minimum contributions .


### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2020 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that member state in annex i to this regulation . ### subject to the flexibilities provided for in articles 5 , 6 and 7 , to the adjustment pursuant to article 10 and taking into account any deduction resulting from the application of article 7 of decision no 406 / 2009 / ec , each member state shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory , starting in 2017 on the average of its greenhouse gas emissions during 2016 , 2017 and 2018 determined pursuant to paragraph 3 and using the 2020 targets established in decision no 406 / 2009 / ec as a maximum limit , whichever is the lower value , and ending in 2030 on the limit set for that member state in annex i to this regulation .


### additional use of up to 280 million net removals from deforested land , afforested land , managed cropland and managed grassland ### additional use of up to 190 million net removals from managed cropland , managed grassland and managed wetlands


### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that : ### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of managed cropland , managed grassland and managed wetlands referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that :


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 to take stock of the collective efforts of parties in relation to progress towards the global long - term goal , and within six months of the global stocktake in 2023 and every five years thereafter , the commission shall submit a report to the european parliament and to the council on the operation of this regulation , its contribution to the eu ' s overall 2030 , 2040 and 2050 greenhouse gas emission reduction targets and assess its contribution to the long - term mitigation goals of the paris agreement and the need to update this regulation to enhance the union´s climate action . the report shall be accompanied , where appropriate , legislative proposals .


### ‘ 3 . by 31 october each year , the commission shall submit a report summarising the conclusions of the assessments provided for in paragraphs 1 and 2 to the european parliament and to the council . ’ ### in article 21 , paragraph 3 is replaced by the following : ‘ 3 . by 31 october each year , the commission shall submit a report summarising the conclusions of the assessments provided for in paragraphs 1 , 2 and 2a to the european parliament and to the council . ’


### the union is confronted with structural challenges arising from economic globalisation , the management of migration flows and the increased security threat , clean energy transition , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions , experienced especially by smes . taking into account the changing realities of the world of work , the union should be prepared for the current and future challenges by investing in relevant skills , making growth more inclusive and by improving employment and social policies , including in view of labour mobility . ### the union is confronted with structural challenges arising from economic globalisation , the management of migration flows and the increased security threat , clean energy transition , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions , experienced especially by smes . taking into account the changing realities of the world of work , the union should be prepared for the current and future challenges by engaging in a just transition , strengthening trust , investing in relevant skills , making growth more inclusive and by improving employment and social policies , including in view of labour mobility .


### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles in order to complement member states action in line with the relevant strategies . the health strand of the esf + should mainstream effective prevention models , innovative technologies and new business models and solutions to contribute to innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens . ### the health strand of the esf + should contribute to disease prevention throughout the lifetime of the union ' s citizens and to health promotion by addressing health risk factors such as tobacco use and passive smoking , harmful use of alcohol , exposure to environmental pollution , such as indoor and outdoor pollution , pesticides and toxic chemicals in food and water , consumption of illicit drugs and reduction of drugs - related health damage , unhealthy dietary habits and physical inactivity and foster supportive environments for healthy lifestyles and greater public awareness of risk factors in order to complement member states action in line with the relevant strategies . the health strand of the esf + should support implementation of the relevant union legislation , mainstream effective prevention and awareness raising models , innovative technologies and new business models and solutions to contribute to accessible , innovative , efficient and sustainable health systems of the member states and facilitate access to better and safer healthcare for european citizens .


### non - communicable diseases are responsible for over 80 % of premature mortality in the union and an effective prevention entails multiple cross border dimensions . in parallel , the european parliament and the council underlined the need to minimise the public health consequences of serious cross - border threats to health such as communicable diseases and other biological , chemical , environmental and unknown threats , by supporting preparedness and response capacity building . ### non - communicable diseases are responsible for over 80 % of premature mortality in the union and an effective prevention entails multiple cross - sectoral actions and cross border dimensions . in parallel , the european parliament and the council underlined the need to minimise the public health consequences of serious cross - border threats to health such as sudden and cumulative environmental emissions and pollution , communicable diseases and other biological , chemical , environmental and unknown threats , by supporting preparedness and response capacity building .


### eu health legislation has an immediate impact on the lives of citizen , on the efficiency and resilience of the health systems and the good functioning of the internal market . the regulatory framework for medical products and technologies , as well as on tobacco legislation , patients ' rights on cross - border health and serious cross - border threats to health is essential to health protection in the eu . regulation , as well its implementation and enforcement , must keep pace with innovation and research advances and with societal changes in this area , while delivering on health objectives . it is therefore necessary to continuously develop the evidence base required for implementing legislation of such a scientific nature . ### eu health legislation has an immediate impact on the lives of citizen , on the efficiency and resilience of the health systems and the good functioning of the internal market . the regulatory framework for medical products and technologies , as well as on tobacco legislation , patients ' rights on cross - border health and serious cross - border threats to health is essential to health protection in the eu . in addition , many other union laws have significant impacts on health such as those relating to food and food labelling , air pollution , endocrine disruptors and pesticides . in some cases , the cumulative impacts of environmental risk factors is not clearly understood , potentially leading to unacceptable risks to citizens ' health .


### the esf + aims to support member states to achieve high employment levels , fair social protection and a skilled and resilient workforce ready for the future world of work , in line with the principles set out in the european pillar of social rights proclaimed by the european parliament , the council and the commission on 17 november 2017 . ### the esf + aims to support member states to achieve high employment levels , fair social protection and a skilled and resilient workforce ready for the future world of work , in line with the principles set out in the european pillar of social rights proclaimed by the european parliament , the council and the commission on 17 november 2017 . the esf + also aims to help achieve the un sustainable development goals and commitments made under the paris agreement .


### a greener , low carbon europe through the improvement of education and training systems necessary for the adaptation of skills and qualifications , the upskilling of all , including the labour force , the creation of new jobs in sectors related to the environment , climate and energy , and the bioeconomy . ### a greener , low carbon europe through the improvement of education and training systems necessary for the adaptation of skills and qualifications , awareness raising among the population about sustainable development and lifestyles , the upskilling of all , including the labour force , the creation of new high - quality jobs in sectors related to the environment , climate and energy , and the circular and bioeconomy .


### under the health strand , the esf + shall support health promotion and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , and support eu health legislation . ### under the health strand , the esf + shall contribute to a high level of human health protection and disease prevention , contribute to effectiveness , accessibility and resilience of health systems , make healthcare safer , reduce health inequalities , protect citizens from cross - border health threats , including those resulting from contaminants in food and water and air pollution , and strengthen and support eu health - related legislation , including in the area of environmental health .


### member states shall concentrate the esf + resources under shared management on interventions that address the challenges identified in their national reform programmes , in the european semester as well as in the relevant country - specific recommendations adopted in accordance with article 121 tfeu and article 148 tfeu , and take into account principles and rights set out in the european pillar of social rights . ### member states shall concentrate the esf + resources under shared management on interventions that address the challenges identified in their national reform programmes , in the european semester as well as in the relevant country - specific recommendations adopted in accordance with article 121 tfeu and article 148 tfeu , that take into account principles and rights set out in the european pillar of social rights and which are fully in line with the paris agreement and the un sustainable development goals .


### support the development of a sustainable union health information system ### support the development of a sustainable union health information system , whilst ensuring protection of private data


### support member states with knowledge transfer useful for the national reform processes for more effective , accessible and resilient health systems and better health promotion and disease prevention addressing , in particular , the challenges identified in the european semester ### support member states with knowledge transfer useful for the national reform processes for more effective , accessible and resilient health systems and better health promotion and disease prevention addressing , in particular , the challenges identified in the european semester . this includes supporting high quality national disease registries that can deliver comparable data on diseases and their risk factors , especially for chronic diseases .


### cross - border collaboration and partnerships , including in cross - border regions ; ### cross - border collaboration and partnerships , including in cross - border regions and including in relation to air pollution and other cross - border environmental contamination ;


### the commission shall consult the health authorities of the member states in the steering group on health promotion , disease prevention and management of non - communicable diseases or in other relevant commission expert group or similar entities on the work plans established for the health strand and its priorities and strategic orientations and its implementation , and also on the health policy perspective of other policies and support mechanisms , thus increasing their overall coordination and added value . ### in order to determine priorities and strategic orientation&#160 ; for the health strand , the commission shall consult stakeholders within the union , in particular civil society organisations and the&#160 ; health authorities of the member states&#160 ; sitting&#160 ; in&#160 ; the relevant steering&#160 ; groups and expert groups . 2 . as a result of these consultations , which shall also examine the health policy perspective of other policies and support mechanisms , the&#160 ; commission shall establish work plans for the health strand which shall be&#160 ; made publicly available online . &#160 ; 3 . the results of the actions implemented under the health strand shall be communicated at regular intervals and in an appropriate format to the european parliament , the council , the economic and social committee and the committee of the regions , as well as social partners and the public in order to maximise the impact , sustainability and added value of these results at union level .


### persons who are blind , visually impaired or otherwise print disabled continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market . ### persons who are blind , visually impaired or otherwise print disabled , including those with physical disabilities unable to hold or manipulate a book , continue to face many barriers in accessing books and other print material which are protected by copyright and related rights . measures need to be taken to increase the availability of those works in accessible formats and to improve their circulation in the internal market .


### this directive should therefore provide for mandatory exceptions to the rights that are harmonised by union law and are relevant for the uses and works covered by the marrakesh treaty . these include in particular the rights of reproduction , communication to the public , making available , distribution and lending , as provided for in directive 2001 / 29 / ec , directive 2006 / 115 / ec , and directive 2009 / 24 / ec , as well as the corresponding rights in directive 96 / 9 / ec . as the scope of exceptions and limitations required by the marrakesh treaty also includes works in audio form , like audiobooks , it is necessary that these exceptions also apply to related rights . ### this directive therefore provides for mandatory exceptions to the rights that are harmonised by union law and are relevant for the uses and works covered by the marrakesh treaty . these include in particular the rights of reproduction , communication to the public , making available , distribution and lending , as provided for in directive 2001 / 29 / ec , directive 2006 / 115 / ec , and directive 2009 / 24 / ec , as well as the corresponding rights in directive 96 / 9 / ec . as the scope of exceptions and limitations required by the marrakesh treaty also includes works in audio form , like adapted audiobooks , it is necessary that these exceptions also apply to related rights . the exercise of the exceptions provided for by the present directive is without prejudice to other exceptions for persons with disabilities provided for by the member states , such as private use .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . such additional requirements would bear the risk of going against the purpose of the exceptions provided by the present directive , and against the purpose of facilitating the cross - border exchange of special format copies within the single market .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . such additional requirements would run the risk of going against the purpose of facilitating the cross - border exchange of accessible format copies within the internal market .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . such additional requirements would run the risk of going against the purpose of the exceptions provided for by this directive , and against the purpose of facilitating the cross - border exchange of accessible format copies within the internal market .


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the union is a party as of 21 january 2011 , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political , work and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### this directive therefore respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . this directive should be interpreted and applied in accordance with those rights and principles . ### this directive therefore respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . it is necessary that this directive be interpreted and applied in accordance with those rights and principles .


### a person who has a perceptual or reading disability , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or ### a person who has a perceptual or reading impairment , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person who is not blind , visually impaired or otherwise print disabled ; or


### ‘ authorised entity’ means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions . ### ‘ authorised entity’ means an entity that is authorised or recognised by the member state in which it is established to provide education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis . it also includes a government institution or non - profit organisation that provides the same services to beneficiary persons as one of its primary activities or institutional obligations .


### the processing of personal data carried out within the framework of this directive shall be carried out in compliance with directive 95 / 46 / ec . ### the processing of personal data carried out within the framework of this directive shall be carried out in compliance with directives 95 / 46 / ec and 2002 / 58 / ec , and with regulation 2016 / 679 of the european parliament and of the council1a _________________ 1a regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### by [ two years after the date of transposition ] , the commission shall present a report to the european parliament , the council and the european economic and social committee on the availability , in accessible formats , of works and other subject - matter other than those defined in article 2 for beneficiary persons , and of works and other subject - matter for persons with disabilities other than those referred to in article 2 , in the internal market . the report shall contain an assessment on whether an amendment of the scope of this directive should be considered . ### by [ two years after the date of transposition ] , the commission shall present a report to the european parliament , the council and the european economic and social committee on the availability , in accessible formats , of works and other subject - matter other than those defined in article 2 for beneficiary persons , and of works and other subject - matter for persons with disabilities other than those referred to in article 2 , in the internal market . the report shall contain an assessment on whether a broadening of the scope of this directive should be considered , so that the exception and the related making of accessible format copies provided by this directive may benefit other categories of disabilities .


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


### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 . however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 . 38 oj l 190 , 18 . 7 . 2002 , p . 1 . ### the definition of terrorist offences should be taken from article 1 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the united nations convention against transnational organised crime . however , member states should exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 .


### 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 pnr data to be obtained by the passenger information unit listed in this directive should be selected with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious transnational crime , thereby improving internal security within the union as well as protecting the fundamental rights of persons , notably privacy and the protection of personal data . such data 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 .


### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory for all air carriers . ### there are two possible methods of data transfer currently available : the ‘ pull’ method , under which the competent authorities of the member state requiring the data can reach into the air carrier’s reservation system and extract a copy of the required data , and the ‘ push’ method , under which air carriers transfer the required pnr data to the authority requesting them , thus allowing air carriers to retain control of what data is provided . the ‘ push’ method is considered to offer a higher degree of data protection and should be mandatory , no later than . . . * , for all air carriers which already collect and process pnr data for commercial purposes and operate international flights to or from the territory of the member states . should pnr data be handled by computerised reservation service operators , the regulation no . 80 / 2009 of the european parliament and of the council1a , applies _____________ * oj : please insert the date : 2 years after the entry into force of this directive . 1a regulation no 80 / 2009 of the european parliament and of the council of 14 january 2009 on a code of conduct for computerised reservation systems and repealing council regulation no 2299 / 89 .


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


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


### member states shall ensure that the pnr data are deleted upon expiry of the period specified in paragraph 2 . this obligation shall be without prejudice to cases where specific pnr data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state . ### member states shall ensure that the pnr data are deleted upon expiry of the period specified in paragraph 1 . 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 prosecution actions targeted at a particular person or a particular group of persons , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state .


### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which , do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive . ### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format prescribed by the icao guidelines on pnr or otherwise infringe the national provisions adopted pursuant to this directive . no penalties shall be imposed on air carriers when the authorities of a third country do not allow them to transfer pnr data .


### biometrics constitute an important element in establishing the exact identity of such persons . it is necessary to set up a system for the comparison of their fingerprint and facial image data . ### biometrics constitute an important element in establishing the exact identity of such persons . it is necessary to set up a system for the comparison of their fingerprint data , facial image data or both .


### in 2015 , the refugee and migration crisis brought to the fore challenges faced by some member states with taking fingerprints of illegally staying third - country nationals or stateless persons who attempted to avoid the procedures for determining the member state responsible for examining an application for international protection . the communication of the commission of 13 may 2015 , titled ' a european agenda on migration ' 25 noted that ' member states must also implement fully the rules on taking migrants ' fingerprints at the borders ' and further proposed that ' the commission will also explore how more biometric identifiers can be used through the eurodac system ' . _________________ 25 com 240 final , 13 . 5 . 2015 ### the communication of the commission of 13 may 2015 , titled ' a european agenda on migration ' 25 noted that ' member states must also implement fully the rules on taking migrants ' fingerprints at the borders ' and further proposed that ' the commission will also explore how more biometric identifiers can be used through the eurodac system ' . _________________ 25 com 240 final , 13 . 5 . 2015


### since eurodac was originally established to facilitate the application of the dublin convention , access to eurodac for the purposes of preventing , detecting or investigating terrorist offences or other serious criminal offences constitutes a change of the original purpose of eurodac , which interferes with the fundamental right to respect for the private life of individuals whose personal data are processed in eurodac . in line with the requirements of article 52 of the charter of fundamental rights of the european union , any such interference must be in accordance with the law , which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise . any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve . ### since eurodac was originally established to facilitate the application of the dublin convention , access to eurodac for the purposes of preventing , detecting or investigating terrorist offences or other serious criminal offences constitutes a change of the original purpose of eurodac , which interferes with the fundamental right to respect for the private life of individuals whose personal data are processed in eurodac . in line with the requirements of article 52 of the charter of fundamental rights of the european union , any such interference must be in accordance with the law , which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise . any interference must be necessary in a democratic society to protect a legitimate and proportionate interest and proportionate to the legitimate objective it aims to achieve .


### it is also necessary to require the member states promptly to take and transmit the fingerprint data of every applicant for international protection and of every third - country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a member state or is found to be staying illegally in a member state , if they are at least six years of age . ### it is also necessary to require the member states promptly to take and transmit the fingerprint data of every applicant for international protection and of every third - country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a member state , if they are at least six years of age .


### in view of strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families , it is also necessary to take fingerprints and a facial image for storage in the central system to help establish the identity of a child and assist a member state to trace any family or links they may have with another member state . establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually , the determination of a durable solution . ### in view of strengthening the protection of all migrant and refugee children , including unaccompanied minors who have not applied for international protection and those children who may become separated from their families , it is also necessary to take fingerprints and a facial image for storage in the central system until they reach the age of 18 to help establish their identity and assist a member state to trace any family or links they may have with another member state . fingerprint and facial image data should be taken for this explicit purpose , and should be processed and used accordingly . establishing family links is a key element in restoring family unity and must be closely linked to the determination of the best interests of the child and eventually , the determination of a durable solution . improved identification procedures for missing children will assist member states in guaranteeing that adequate protection of children is ensured . to this end , member states , upon identification of a missing child or of a child who is the victim of crime , should promptly contact the competent national child protection authorities and undertake a needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests .


### the best interests of the minor should be a primary consideration for member states when applying this regulation . where the requesting member state establishes that eurodac data pertain to a child , these data may only be used for law enforcement purposes by the requesting member state in accordance with that state ' s laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the child . ### the best interests of the child should be a primary consideration for member states when applying this regulation . where the requesting member state establishes that eurodac data pertain to a child , these data may only be used for purposes relating to the prevention , detection and investigation of child trafficking and for the protection of missing children .


### third - country nationals or stateless persons who have requested international protection in one member state may try to request international protection in another member state for many years to come . therefore , the maximum period during which fingerprint and facial image data should be kept by the central system should be of considerable length . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of ten years should be considered a reasonable period for the storage of fingerprint and facial image data . ### third - country nationals or stateless persons who have requested international protection in one member state may request international protection in another member state for many years to come . therefore , the maximum period during which fingerprint and facial image data should be kept by the central system should be of considerable length . given that most third - country nationals or stateless persons who have stayed in the union for several years will have obtained a settled status or even citizenship of a member state after that period , a period of ten years should be considered a reasonable period for the storage of fingerprint data , facial image data or both .


### the storage period should be shorter in certain special situations where there is no need to keep fingerprint and facial data and all other personal data for that length of time . fingerprint and facial image data and all other personal data belonging to a third - country national should be erased immediately once third - country nationals or stateless persons obtain citizenship of a member state . ### the storage period should be shorter in certain special situations where there is no need to keep fingerprint data , facial data or both and all other personal data for that length of time . fingerprint data , facial image data or both and all other personal data belonging to a third - country national should be erased immediately once third - country nationals or stateless persons obtain citizenship of a member state or , in the case of children , as soon as they turn 18 .


### in individual cases , information obtained from the central system may be shared with a third - country in order to assist with the identification of a third - country national in relation to his / her return . sharing of any personal data must be subject to strict conditions . where such information is shared , no information shall be disclosed to a third - country relating to the fact that an application for international protection has been made by a third - country national where the country the individual is being readmitted to , is also the individual ' s country of origin or another third - country where they will be readmitted . any transfer of data to a third - country for the identification of a third - country national must be in accordance with the provisions of chapter v of regulation no . [ …2016 ] . ### information obtained from the central system should not be shared with a third - country in order to assist with the identification of a third - country national in relation to his / her return .


### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . a member state may attempt to re - take the fingerprints or facial image of a minor or vulnerable person who refuses to comply , where the reason for non - compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so . where a minor , in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks , the minor shall be referred to the national child protection authorities and / or national referral mechanisms . ### without prejudice to paragraph 3 of this article , where enrolment of the fingerprints or facial image is not possible from third - country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face , the authorities of that member state shall not use sanctions to coerce the taking of fingerprints or a facial image . where a minor , in particular an unaccompanied or separated minor , refuses to give their fingerprints or a facial image , the minor shall be referred to the national child protection authorities , the national referral mechanisms or both . a specific needs assessment with a view to finding a durable solution for the child in accordance with his or her best interests shall be undertaken by the national child protection authorities , the other relevant national referral mechanisms or both .


### ' eurodac data ' means all data stored in the central system in accordance with article 12 , article 13 and article 14 ; ### ' eurodac data ' means all data stored in the central system in accordance with article 12 and article 13 ;


### the number of fingerprint data which the central system had to request more than once from the member states of origin because the fingerprint data originally transmitted did not lend themselves to comparison using the computerised fingerprint recognition system ; ### the number of fingerprint data , disaggregated according to the data subject ' s year of birth , which the central system had to request more than once from the member states of origin because the fingerprint data originally transmitted did not lend themselves to comparison using the computerised fingerprint recognition system ;


### the number of requests made for persons referred to in article 31 ; ### the number and type of requests made for persons referred to in article 31 ;


### fingerprint data may also be taken and transmitted by members of the european border [ and coast ] guard teams when performing tasks and exercising powers in accordance with [ regulation on the european border [ and coast ] guard and repealing regulation no 2007 / 2004 , regulation no 863 / 2007 and council decision 2005 / 267 / ec ] . ### fingerprint data shall be taken and transmitted by member state asylum experts who have received specific training on fundamental rights , the right to asylum and on how to address the special needs of vulnerable migrants , including children .


### surname and forename , name at birth and previously used names and any aliases , which may be entered separately ; ### surname and forename , name at birth and previously used names ;


### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 , 13 and 14 along with , where appropriate , the mark referred to in article 19 and . where a negative hit result is received , the data referred to in article 12 , 13 and 14 shall not be transmitted . ### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 and article 13 along with , where appropriate , the mark referred to in article 19 . where a negative hit result is received , the data referred to in article 12 and article 13 shall not be transmitted .


### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 , 13 and 14 along with , where appropriate , the mark referred to in article 17 and . where a negative hit result is received , the data referred to in article 12 , 13 and 14 shall not be transmitted . ### the central system shall automatically transmit the hit or the negative result of the comparison to the member state of origin following the procedures set out in article 26 . where there is a hit , it shall transmit for all data sets corresponding to the hit the data referred to in article 12 and article 13 along with , where appropriate , the mark referred to in article 19 . where a negative hit result is received , the data referred to in article 12 , 13 shall not be transmitted .


### facial image data and data relating to the sex of the data - subject may be compared automatically with the facial image data and personal data relating to the sex of the data - subject transmitted by other member states and already stored in the central system in accordance with article 10 , 13 and 14 with the exception of those transmitted in accordance with article 11 and . ### facial image data and data relating to the sex of the data - subject may be compared automatically with the facial image data and personal data relating to the sex of the data - subject transmitted by other member states and already stored in the central system in accordance with article 10 , 10 , 13 and 13 .


### data relating to a person who has acquired citizenship of any member state before expiry of the period referred to in article 17 , or shall be erased from the central system in accordance with article 28 as soon as the member state of origin becomes aware that the person concerned has acquired such citizenship . ### data relating to a person who has acquired citizenship of any member state before expiry of the period referred to in article 17 , or &#160 ; shall be erased from the central system in accordance with article 28 as soon as the member state of origin becomes aware that the person concerned has acquired such citizenship .


### the central system shall , as soon as possible and no later than after 72 hours , inform all member states of origin of the erasure of data in accordance with paragraph 1 by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10 , 13 or 14 . ### the central system shall , as soon as possible and no later than after 72 hours , inform all member states of origin of the erasure of data in accordance with paragraphs 1 and 1a by another member state of origin having produced a hit with data which they transmitted relating to persons referred to in article 10 , 13 .


### for the purposes laid down in article 1 , the designated authorities referred to in articles 6 and 8 may submit a reasoned electronic request as provided for in article 21 together with the reference number used by them , to the verifying authority for the transmission for comparison of fingerprint and facial image data to the central system via the national access point . upon receipt of such a request , the verifying authority shall verify whether all the conditions for requesting a comparison referred to in articles 21 or 22 , as appropriate , are fulfilled . ### for the purposes laid down in article 1 , the designated authorities referred to in articles 6 and 8 may submit a reasoned electronic request as provided for in article 21 together with the reference number used by them , to the verifying authority for the transmission for comparison of fingerprint data , facial image data or both&#160 ; to the central system via the national access point . upon receipt of such a request , the verifying authority shall verify whether all the conditions for requesting a comparison referred to in articles 21 or 22 , as appropriate , are fulfilled .


### where all the conditions for requesting a comparison referred to in articles 21 or 22 are fulfilled , the verifying authority shall transmit the request for comparison to the national access point which will process it to the central system in accordance with articles 15 and 16 for the purpose of comparison with the fingerprint and facial image data transmitted to the central system pursuant to articles 10 , 13 and 14 . ### where all the conditions for requesting a comparison referred to in articles 21 or 22 are fulfilled , the verifying authority shall transmit the request for comparison to the national access point which will process it to the central system in accordance with articles 15 and 16 for the purpose of comparison with the fingerprint data , facial image data or both transmitted to the central system pursuant to articles 10 , 13 .


### requests for comparison with eurodac data shall be limited to searching with fingerprint or facial image data . ### requests for comparison with eurodac data shall be limited to searching with fingerprint data , facial image data or both .


### member states shall transmit the data referred to in article 12 , article 13 and article 14 electronically . the data referred to in article 12 , article 13 and article 14 shall be automatically recorded in the central system . as far as necessary for the efficient operation of the central system , eu - lisa shall establish the technical requirements to ensure that data can be properly electronically transmitted from the member states to the central system and vice versa . ### member states shall transmit the data referred to in article 12 and article 13 electronically . the data referred to in article 12 and article 13 shall be automatically recorded in the central system . as far as necessary for the efficient operation of the central system , eu - lisa shall establish the technical requirements to ensure that data can be properly electronically transmitted from the member states to the central system and vice versa .


### the reference number referred to in articles 12 , 13 , 14 and 20 shall make it possible to relate data unambiguously to one particular person and to the member state which is transmitting the data . in addition , it shall make it possible to tell whether such data relate to a person referred to in article 10 , 13 or 14 . ### the reference number referred to in articles 12 , 13 , and 20 shall make it possible to relate data unambiguously to one particular person and to the member state which is transmitting the data . in addition , it shall make it possible to tell whether such data relate to a person referred to in article 10 and article 13 .


### the reference number shall begin with the identification letter or letters by which the member state transmitting the data is identified . the identification letter or letters shall be followed by the identification of the category of person or request . ' 1 ' refers to data relating to persons referred to in article 10 , ' 2 ' to persons referred to in article 13 , ' 3 ' to persons referred to in article 14 , ' 4 ' to requests referred to in article 21 , ' 5 ' to requests referred to in article 22 and ' 9 ' to requests referred to in article 30 . ### the reference number shall begin with the identification letter or letters by which the member state transmitting the data is identified . the identification letter or letters shall be followed by the identification of the category of person or request . ' 1 ' refers to data relating to persons referred to in article 10 , ' 2 ' to persons referred to in article 13 , ' 4 ' to requests referred to in article 21 , ' 5 ' to requests referred to in article 22 and ' 9 ' to requests referred to in article 30 .


### the result of the comparison of fingerprint data carried out pursuant to article 15 shall be immediately checked in the receiving member state by a fingerprint expert as defined in accordance with its national rules , specifically trained in the types of fingerprint comparisons provided for in this regulation . for the purposes laid down in article 1 and of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned . ### the result of the comparison of fingerprint data carried out pursuant to article 15 shall be immediately checked in the receiving member state by a fingerprint expert as defined in accordance with its national rules , specifically trained in the types of fingerprint comparisons provided for in this regulation . for the purposes laid down in article 1 and article 1 of this regulation , final identification shall be made by the member state of origin in cooperation with the other member states concerned .


### a person covered by article 10 , article 13 or article 14 shall be informed by the member state of origin in writing , and where necessary , orally , in a language that he or she understands or is reasonably supposed to understand in a concise , transparent , intelligible and easily accessible form , using clear and plain language , of the following : ### a person covered by article 10 or article 13 shall be informed by the member state of origin in writing , and where necessary , orally , in a language that he or she understands or is reasonably supposed to understand in a concise , transparent , intelligible and easily accessible form , using clear and plain language , of the following :


### in relation to a person covered by article 10 or 13 or 14 , the obligation to have his or her fingerprints taken ; ### in relation to a person covered by article 10 or 13 , the obligation to have his or her fingerprints taken ;


### the existence of the right to request from the controller access to data relating to him or her , and the right to request that inaccurate data relating to him or her be rectified and the completion of incomplete personal data or that unlawfully processed personal data concerning him or her be erased or restricted , as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the supervisory authorities referred to in article 32 ; ### the existence of the right to object to the processing of personal data , to request from the controller access to data relating to him or her , and the right to request that inaccurate data relating to him or her be rectified and the completion of incomplete personal data or that unlawfully processed personal data concerning him or her be erased or restricted , as well as the right to receive information on the procedures for exercising those rights including the contact details of the controller and the supervisory authorities referred to in article 32 ;


### in relation to a person covered by article 10 or 13 and 14 , the information referred to in paragraph 1 of this article shall be provided at the time when his or her fingerprints are taken . ### in relation to a person covered by article 10 or 13 , the information referred to in paragraph 1 of this article shall be provided at the time when his or her fingerprints are taken .


### where a person covered by article 10 , article 13 and article 14 is a minor , member states shall provide the information in an age - appropriate manner . ### where a person covered by article 10 and article 13 is a minor , member states shall provide the information in an age - appropriate manner .


### member states shall inform eu - lisa of security incidents detected on their systems without prejudice to the notification and communication of a personal data breach pursuant to [ articles 31 and 32 ] of regulation no [ … / 2016 ] respectively [ articles 28 and 29 ] . eu - lisa shall inform the member states , europol and the european data protection supervisor in case of security incidents . the member states concerned , eu - lisa and europol shall collaborate during a security incident . ### member states shall inform eu - lisa of security incidents detected on their systems without prejudice to the notification and communication of a personal data breach pursuant to [ articles 33 and 34 ] of regulation 679 / 2016 . in particular , data subjects shall be notified by eu - lisa without undue delay when a security incident is likely to result in a high risk to their rights and freedoms . eu - lisa shall inform the member states , europol and the european data protection supervisor in case of security incidents . the member states concerned , eu - lisa and europol shall collaborate during a security incident .


### personal data obtained by a member state or europol pursuant to this regulation from the central system shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . this prohibition shall also apply if those data are further processed at national level or between member states within the meaning of [ article [ &#8230 ; ] of directive [ 2016 / . . / eu ] ] . ### personal data obtained by a member state or europol pursuant to this regulation from the central system shall not be transferred or made available to any third country , international organisation or private entity established in or outside the union . this prohibition shall also apply if those data are further processed at national level or between member states within the meaning of regulation 679 / 2016 and [ article [ . . . ] 2 of directive [ 2016 / 680 ] .


### personal data which originated in a member state and are exchanged between member states following a hit obtained for the purposes laid down in article 1 shall not be transferred to third countries if there is a real risk that as a result of such transfer the data subject may be subjected to torture , inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights . ### personal data which originated in a member state and are exchanged between member states following a hit obtained for the purposes laid down in article 1 shall not be transferred to third countries , including if there is a real risk that as a result of such transfer the data subject may be subjected to torture , inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights .


### claims for compensation against a member state for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant member state in accordance with articles [ 75 and 76 ] of regulation [ … / 2016 ] and articles [ 52 and 53 ] of directive [ 2016 / … / eu ] . ### claims for compensation against a member state for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant member state in accordance with chapter viii of regulation [ 2016 / 679 ] and chapter viii of directive [ 2016 / 680 ] on remedies , liabilities and penalties .


### proposal for a directive of the european parliament and of the council on port reception facilities for the delivery of waste from ships , repealing directive 2000 / 59 / ec and amending directive 2009 / 16 / ec and directive 2010 / 65 / eu ### proposal for a directive of the european parliament and of the council on port reception facilities for the delivery of waste from ships , repealing directive 2000 / 59 / ec and amending directive 2005 / 35 / ec , directive 2009 / 16 / ec and directive 2010 / 65 / eu


### the international convention on the prevention of pollution from ships provides for general prohibitions on discharges from ships at sea , but also regulates the conditions under which certain types of waste can be discharged into the marine environment . the marpol convention requires member states to ensure the provision of adequate reception facilities in ports . ### the international convention on the prevention of pollution from ships provides for general prohibitions on discharges from ships and fixed or floating platforms at sea , but also regulates the conditions under which certain types of waste can be discharged into the marine environment . the marpol convention requires member states to ensure the provision of adequate reception facilities in ports .


### in the last two decades , the marpol convention and its annexes have undergone important amendments , which put in place stricter norms and prohibitions for the discharges of waste from ships at sea . ### in the last two decades , the marpol convention and its annexes have undergone important amendments , which put in place stricter norms for the delivery of waste , and prohibitions for the discharges of waste from ships at sea .


### monitoring and enforcement should be facilitated through a system based on electronic reporting and exchange of information . to this end , the existing information and monitoring system set up under directive 2000 / 59 / ec should be further developed , and continue to be operated on basis of existing electronic data systems , in particular the union maritime information and exchange system and the inspection database . the system should also include the information on port reception facilities available in the different ports . ### monitoring and enforcement should be facilitated through a system based on electronic reporting and exchange of information . to this end , the existing information and monitoring system set up under directive 2000 / 59 / ec should be further developed , and continue to be operated on basis of existing electronic data systems , in particular the union maritime information and exchange system and the inspection database . the system should also include the information on port reception facilities available in the different ports and losses of fishing gear .


### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ; ### ‘ waste from ships’ means all waste , including cargo residues , which is generated during the service of a ship , a fixed or floating platform , or during loading , unloading and cleaning operations , or waste that is collected in nets during fishing operations , and falls under the scope of annexes i , ii , iv , v and vi to marpol ;


### delivery of waste from ships ### discharge and delivery of waste from ships


### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility in accordance with the relevant discharge norms laid down in the marpol convention . ### the master of a ship calling at a union port shall , before leaving the port , deliver all the waste carried on board of the ship to a port reception facility and , after leaving the port , shall not discharge waste at sea , in accordance with the relevant delivery and discharge norms and regulations laid down in the marpol convention , without prejudice to more stringent requirements under union law .


### the fees shall be reduced if the ship’s design , equipment and operation are such that it can be demonstrated that the ship produces reduced quantities of waste , and manages its waste in a sustainable and environmentally sound manner . the commission shall be empowered by means of delegated acts in accordance with article 19 , to define the criteria for determining that a ship meets the requirements stated in this paragraph in relation to the ship’s on - board waste management . ### the fees shall be reduced if the ship’s design , equipment , procurement policies and operation are such that it can be demonstrated that the ship produces reduced quantities of the category of waste to which the fee applies , and manages its waste in a sustainable and environmentally sound manner in accordance with annex 4a for ships other than fishing vessels and in accordance with annex 4b for fishing vessels . the commission is empowered to adopt delegated acts in accordance with article 19 , to amend annexes 4a and 4b in order to add requirements , but not to remove any requirements .


### ‘ polluting substances’ shall mean substances covered by annexes i and ii to marpol 73 / 78 ; . ### article 20 a amendments to directive 2005 / 35 / ec directive 2005 / 35 / ec is amended as follows : in article 2 , point 2 is replaced by the following : “2 . ‘ polluting substances’ shall mean substances covered by annexes i , ii , v and vi to marpol 73 / 78 , in its up - to - date version ; ”


### ‘ polluting substances’ shall mean substances covered by annexes i and ii to marpol 73 / 78 ; ### article 20 a amendments to directive 2005 / 35 / ec directive 2005 / 35 / ec is amended as follows : “ in article 2 , point 2 is replaced by the following : 2 . ‘ polluting substances’ shall mean substances covered by annexes i , ii , iv , v and vi to marpol 73 / 78 in its up - to - date version ; ”


### a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3 or in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 of marpol 73 / 78 . ### in article 5 , paragraph 1 is replaced by the following : “1 . a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3 , in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 , in annex v , regulations 4 , 5 , 6 or 7 , or in annex vi , regulation 3 , of marpol 73 / 78 , in its up - to - date version . ”


### a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3or in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 of marpol 73 / 78 . ### article 20 b in article 5 , paragraph1 is replaced by the following : “1 . a discharge of polluting substances into any of the areas referred to in article 3 shall not be regarded as an infringement , if it satisfies the conditions set out in annex i , regulations 15 , 34 , 4 , 1 or 4 , 3 , or in annex ii , regulations 13 , 3 . 1 . 1 or 3 . 1 . 3 , in annex iv , regulations 3 and 11 , in annex v , regulations 4 , 5 , 6 or 7 , or in annex vi , regulation 3 , of marpol 73 / 78 in its up - to - date version . ”


### categories of costs for the operation and administration of prf ### categories of costs and net revenues related to the operation and administration of prf


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof ### having regard to the treaty on the functioning of the european union , and in particular article 192 and article 114 thereof ,


### experience has shown that cultivation of gmos is an issue which is more thoroughly addressed at member state level . issues related to the placing on the market and the import of gmos should remain regulated at union level to preserve the internal market . cultivation may however require more flexibility in certain instances as it is an issue with strong national , regional and local dimensions , given its link to land use , to local agricultural structures and to the protection or maintenance of habitats , ecosystems and landscapes . the common authorisation procedure , in particular the evaluation process , should not be adversely affected by such flexibility . ### experience has shown that cultivation of gmos is an issue which is more thoroughly addressed at member state level , as different scientific interpretations and political valuations of risks exist . issues related to the placing on the market and the import of gmos should remain regulated at union level to preserve the internal market . cultivation may however require more flexibility in certain instances as it is an issue with strong national , regional and local dimensions , given its link to land use , to local agricultural structures and to the protection or maintenance of habitats , ecosystems and landscapes . the common authorisation procedure , in particular the evaluation process , should not be adversely affected by such flexibility .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### where the notifier / applicant chooses not to exploit the possibility to request the restriction of the geographical scope of a given gmo , the concerned member state should send to the commission the reasoned measures restricting or prohibiting the cultivation of that gmo in all or part of its territory , on the basis of grounds listed in article 26b paragraph 3 of this directive which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### member states should always have the possibility to act as risk manager , and adopt reasoned measures restricting or prohibiting the cultivation of a gmo , groups of gmos defined by crop or trait or of all gmos in all or part of their territory , on the basis of grounds related to environmental or agricultural policy objectives , or other legitimate factors which might arise from the deliberate release or the placing on the market of gmos , such as socio - economic impacts , co - existence or persisting scientific uncertainty . those grounds may be invoked individually or in combination .


### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of a gmo in all or part of their territory as from the date of entry into force of the union authorisation and no later than two years after the date when the consent / authorisation is granted , provided that an established standstill period , during which the commission was given the opportunity to comment on the proposed measures , has elapsed . __________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services . ### member states ' measures adopted pursuant to this directive should be subject to a procedure of scrutiny and information at union level . in light of the level of union scrutiny and information , it is not necessary to provide , in addition , for the application of directive 98 / 34 / ec of the european parliament and of the council1 . member states may restrict or prohibit the cultivation of all , a group of , or a specific gmo in all or part of their territory as from the date of entry into force of the union authorisation and for the whole duration of the consent / authorisation . __________________ 1 directive 98 / 34 / ec of the european parliament and of the council of 22 june 1998 laying down a procedure of information in the field of technical standards and regulations and of rules on information society services .


### decisions to restrict or prohibit the cultivation of gmos by member states in all or part of their territory should not prevent biotechnology research from being carried out provided that , in carrying out such research , all necessary safety measures are observed . ### decisions to restrict or prohibit the cultivation of gmos by member states in all or part of their territory should not prevent biotechnology research from being carried out provided that , in carrying out such research , all necessary safety measures are observed . moreover , the european food safety authority and the member states should aim to establish an extensive network of scientific organisations representing all disciplines including those relating to ecological issues , and should cooperate to identify at an early stage any potential divergence between scientific opinions with a view to resolving or clarifying the contentious scientific issues . the commission and the member states should ensure that the necessary resources for independent research on the potential risks arising from the deliberate release or the placing on the market of gmos are secured , and that the enforcement of intellectual property rights does not prevent independent researchers from accessing all relevant material .


### decisions to restrict or prohibit the cultivation of gmos by member states in all or part of their territory should not prevent biotechnology research from being carried out provided that , in carrying out such research , all necessary safety measures are observed . ### decisions to restrict or prohibit the cultivation of gmos by member states in all or part of their territory should not prevent biotechnology research from being carried out provided that , in carrying out such research , all necessary safety measures are observed and that the activity does not undermine the respect of the grounds upon which the ban has been introduced .


### written consents or decisions of authorisations issued or adopted with a geographical scope limited to certain areas or measures adopted by member states , in accordance with this directive , which restrict or prohibit the cultivation of gmos , should not prevent or restrict the use of authorised gmos by other member states . in addition , this directive and the national measures adopted pursuant to it should be without prejudice to union law requirements concerning unintended and adventitious presence of gmos in non - genetically modified varieties of seed and plant propagating material , and should not prevent the cultivation of varieties complying with these requirements . ### measures adopted by member states , in accordance with this directive , which restrict or prohibit the cultivation of gmos , should not prevent or restrict the use of authorised gmos by other member states .


### the commission may make any comments it considers appropriate . ### the commission may make any non - binding comments it considers appropriate .


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### by way of derogation from paragraph 4 , national measures can be provisionally imposed in case the 75 - day period coincides with the sowing period of the respective gmo . on expiry of the 75 - day period referred to in the first subparagraph , the member state concerned may , for the whole duration of the consent / authorisation and as from the date of entry into force of the union authorisation , adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the authorisation holder without delay .


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### on expiry of the 75 - day period referred to in the first subparagraph , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any not binding comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay .


### in respect of export credits , export credit guarantees and insurance programmes , agricultural exporting state trading enterprises and international food aid , member states may adopt national measures respecting union law . since the union and its member states are wto members , such national measures should also comply with the rules laid down in that wto ministerial decision of 19 december 2015 , as a matter of union law and international law . ### in respect of export credits , export credit guarantees and insurance programmes , agricultural exporting state trading enterprises and international food aid , member states may adopt national measures respecting union law , including policy coherence for development as per article 208 tfeu and the 2030 agenda for sustainable development . since the union and its member states are wto members , such national measures should also comply with the rules laid down in that wto ministerial decision of 19 december 2015 , as a matter of union law and international law .


### disposal of products bought in under public intervention shall take place in such a way as to : avoid any disturbance of the market , ensure equal access to goods and equal treatment of purchasers , and be in compliance with the commitments resulting from international agreements concluded in accordance with the tfeu . ### article 16 is replaced by the following disposal of products bought in under public intervention shall take place in such a way as to : avoid any disturbance of the union market or third country markets ensure equal access to goods and equal treatment of purchasers , avoid sale of products below the relevant public intervention price comply with the commitments resulting from international agreements concluded in accordance with the tfeu , and comply with policy coherence for development , as per article 208 tfeu .


### in article 225 , points to are deleted ; ### in article 225 , points , and are deleted ;


### by 30 june 2014 and also by 31 december 2018 , on the development of the market situation in the milk and milk products sector , and in particular on the operation of articles 148 to 151 , article 152 and article 157 , assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions , and covering potential incentives to encourage farmers to enter into joint production agreements , together with any appropriate proposals ; ### article 225 point is replaced by the following : every four years and for the first time by 30 june 2022 , on the development of the market situation in the milk and milk products sector , and in particular on the operation of articles 148 to 151 , article 152 and article 157 , assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions , and covering potential incentives to encourage farmers to enter into joint production agreements , together with any appropriate proposals ;


### this directive should not deal with copyright and other intellectual property related aspects of the supply of digital content . therefore it should be without prejudice to any rights and obligations according to copyright law and other intellectual property laws . ### this directive should not deal with copyright and other intellectual property related aspects of the supply of digital content . therefore it should be without prejudice to any rights and obligations according to copyright law and other intellectual property laws . consequently , while the provision of content under a free or open licence , such as free and open source software , is treated as a contract in several jurisdictions , the adherence to the terms of the licence , such as the condition to distribute any copies or modifications of the content under the same licence terms , should not be considered as a counter - performance in the meaning of this directive , because these conditions are merely meant to guarantee the freedom to share and modify content to all subsequent users , without constituting a specific benefit to the supplier . free or open licences should therefore not give rise to obligations under this directive , even if they can be considered to be a contract .


### due to its nature digital content needs to interact with other digital equipment to function properly ; interoperability should therefore form a part of the conformity criteria . in particular it needs to interact with hardware including processor speed and graphics card features and software including a specific version of the operating system or specific multi - media player . the notion of functionality should refer to the ways in which digital content can be used ; it should also refer to the absence or presence of any technical restrictions such as protection via digital rights management or regional coding . ### due to its nature digital content needs to interact with other digital equipment to function properly ; interoperability should therefore form a part of the conformity criteria . in particular it needs to interact with hardware including processor speed and graphics card features and software including a specific version of the operating system or specific multi - media player . the notion of functionality should refer to the ways in which digital content can be used ; it should also refer to the absence or presence of any technical restrictions such as digital rights management or regional coding . technical restrictions which limit the uses of digital content permitted under directive 2001 / 29 / ec , directive 96 / 9 / ec , directive 2009 / 24 / ec or directive 2012 / 28 / eu should be deemed to be a lack of functionality .