### member states shall provide that each controller and processor maintains documentation of all processing systems and procedures under their responsibility . ### all competent authorities shall maintain detailed documentation of all processing systems and procedures under their responsibility . 1 a . transmissions of personal data are to be logged or documented for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security . 1 b . the logs and documents so produced must be made available to the supervisory authority upon request . the supervisory authority shall use this information only for the purpose of checking the lawfulness of the data processing and ensuring proper data integrity and security .


### advise the commission on any issue related to the protection of personal data in the union , including on any proposed amendment of this directive ; ### advise the european institutions on any issue related to the protection of personal data in the union , including on any proposed amendment of this directive ;


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


### member states should invest the support received under eisf in eligible public investment and also maintain the level of public investment in general compared to the average level of public investment over the five last years in order to ensure that the objective pursued by this regulation is achieved . in that respect , there is the expectation that member states should give priority to maintaining eligible investment in programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund , the european maritime and fisheries fund and the european agricultural fund for rural development . . ### member states should invest the support received under eisf in eligible public investment , with priority given to social investment , and maintain at least the level of public social investment and public investment in general compared , respectively , to the average level of public social investment and public investment in general over the five last years in order to ensure that the objective pursued by this regulation is achieved . in that respect , member states should give priority to at least maintaining eligible investment in programmes supported by the union under the social inclusion part of the european social fund plus , the european regional development fund , the cohesion fund , the european maritime and fisheries fund and the european agricultural fund for rural development .


### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of those reform priorities . those strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and / or union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund , the european maritime and fisheries fund and the european agricultural fund for rural development , , the eisf and investeu , where relevant . ### at union level , the european semester of economic and social policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of those reform priorities . those strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and / or union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund plus , the european maritime and fisheries fund and the european agricultural fund for rural development , , the eisf and investeu , where relevant ;


### at union level , the european semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of those reform priorities . those strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and / or union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund , the european maritime and fisheries fund and the european agricultural fund for rural development , , the eisf and investeu , where relevant . ### at union level , the european semester of economic , employment and social policy coordination is the framework to identify national reform priorities and monitor their implementation . member states develop their own national multiannual investment strategies in support of those reform priorities . those strategies should be presented alongside the yearly national reform programmes as a way to outline and coordinate priority investment projects to be supported by national and / or union funding . they should also serve to use union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund plus , the european maritime and fisheries fund and the european agricultural fund for rural development , the eisf and investeu , where relevant .


### maintain the same level of its public investment compared to the average level of its public investment in the five previous years . ### maintain at least the same level of its public investment compared to the average level of its public investment in the five previous years before the request of support ;


### the year following the disbursement of the eisf loan , the commission shall examine whether the member state concerned has respected the criteria referred to in paragraph 1 . in particular , the commission shall also verify the extent to which the member state concerned has maintained eligible public investment in programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund , the european maritime and fisheries fund and the european agricultural fund for rural development . ### one year after the disbursement of the eisf loan , the commission shall examine whether the member state concerned has respected the criteria referred to in paragraph 1 . in particular , the commission shall also verify the extent to which the member state concerned has maintained eligible public investment in programmes supported by the union under the european regional development fund , the cohesion fund , the european social fund plus , the european maritime and fisheries fund and the european agricultural fund for rural development ;


### the commission shall , by [ 5 years after the entry into force of this directive ] , submit a report to the european parliament and to the council on the application of articles 6 and 7 of this directive by the member states . in its report , the commission shall focus in particular on , and shall , as appropriate , make proposals to cover , the following aspects : ### the commission shall , by [ 3 years after the entry into force of this directive ] , submit a report to the european parliament and to the council on the application of articles 6 and 7 of this directive by the member states . in its report , the commission shall focus in particular on , and shall make proposals to cover , the following aspects :


### member states shall ensure that processing of personal data necessary for the operation of the eets is carried out in accordance with the union rules protecting the freedoms and fundamental rights of individuals , including their privacy , and that , in particular , the provisions of regulation 2016 / 679 , directive 2016 / 680 and of directive 2002 / 58 / ec are complied with . ### member states shall ensure that processing of personal data necessary for the operation of the eets is carried out in accordance with the union rules protecting the freedoms and fundamental rights of individuals , including their privacy , and that , in particular , the provisions of regulation 2016 / 679 , directive 2016 / 680 and of directive 2002 / 58 / ec are complied with . these data shall only be used for purposes , as foreseen in this directive .


### the eets shall allow intermodality to develop without creating disadvantages for other modes of transport . ### the eets shall allow intermodality to develop whilst guaranteeing compliance with the ' user and polluter pays pays ' principle and developing advantages for other and more sustainable modes of transport .


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


### importers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market . ### importers shall provide competent national authorities with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by the authority concerned . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market .


### transport infrastructure in accordance with regulation no 1315 / 2013 of the european parliament and of the council . 46 __________________ 46 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network . ### transport infrastructure in accordance with regulations nos 1315 / 201346 and 1316 / 201346a , as well as in accordance with regulation no 1300 / 201446b . any future revision of the prm tsi shall also take into account the accessibility requirements resulting from this directive . . __________________ 46regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network . 46a regulation no 1316 / 2013 of the european parliament and of the council of 11 december 2013 establishing the connecting europe facility , amending regulation no 913 / 2010 and repealing regulations no 680 / 2007 and no 67 / 2010 . 46b commission regulation 1300 / 2014 of 18 november 2014 on the technical specifications for interoperability relating to accessibility of the union ' s rail system for persons with disabilities and persons with reduced mobility .


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


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


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


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


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the product , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in article 3 . ### manufacturers shall provide competent national authorities with all the information and documentation necessary to demonstrate the conformity of the product , in a language which can be easily understood by the authority concerned . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in article 3 .


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


### air , bus , rail and waterborne passenger transport services , the websites , the mobile device - based services , smart ticketing and real - time information and self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services shall comply with the corresponding requirements set out in section v of annex i . ### air , bus , coach , rail , shipping and intermodal passenger transport services , including services related to urban transport , mobility , and the built environment , the websites , the mobile device - based services , smart ticketing and real - time information and self - service terminals such as payment machines , check - in machines used for the provision of passenger transport services , services related to tourism , inter alia , accommodation services and catering service , shall meet the requirements of section v of annex i only if these requirements are not already covered by the following specific legislation : - regarding rail transport , regulation no 1371 / 2007 , regulation no 1300 / 2014 and regulation no 454 / 2011 , - regarding bus and coach transport , regulation no 181 / 2011 , - regarding maritime and inland waterway transport , regulation no 1177 / 2010 and - regarding air transport , regulation no 1107 / 2006 .


### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority . ### where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the member state in the market of which the product or service is placed or made available . notification shall include the assessment referred to in paragraph 3 . the market surveillance authority shall systematically verify the assessment for such an exemption to be granted unless the economic operator has provided an independent third party assessment .


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


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


### it is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the member states , notably by only including in the scope the products and services which have been thoroughly selected . ### it is necessary to introduce accessibility requirements which enable all people to fully use the products and services and infrastructure , including the built environment , covered by this directive in the most effective and least burdensome manner for the economic operators and the member states , notably by only including in the scope the products and services which have been thoroughly selected and which are placed on the market after the date of application of this directive . it is necessary to enable economic operators to efficiently implement the accessibility requirements provided for in this directive , in particular by taking into account the economical and functional lifetime of self - service terminals , such as ticket machines and check - in machines .


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


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


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


### manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end - users , as determined by the member state concerned . ### manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end - users , as determined by the member state concerned . the provision of instructions and safety information to consumers should be done in accessible and multiple formats .


### a safeguard procedure should be set up which applies only in the event of disagreement between member states over measures taken by a member state under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this directive . it should allow market surveillance authorities , in cooperation with the relevant economic operators , to act at an earlier stage in respect of such products . ### a safeguard procedure should be set up which applies only in the event of disagreement between member states over measures taken by a member state whereby interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this directive . it should allow market surveillance authorities , in cooperation with organisations representing persons with disabilities and the relevant economic operators , to act at an earlier stage in respect of such products .


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


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


### the penalties provided for shall be effective , proportionate and dissuasive . ### the penalties provided for shall be effective , proportionate and dissuasive , but not serve as an alternative to the fulfilment by economic operators of their obligation to make their products or services accessible .


### accessibility requirements referred to in article 21 apply to the extent that they do not impose a disproportionate burden on the competent authorities for the purposes of that article . ### accessibility requirements referred to in article 21 apply to the extent that they do not impose a disproportionate burden on the competent authorities or the operators contracted by them for the purposes of that article .


### shall have an adequate size of fonts in foreseeable use conditions ; ### shall have an adequate size and type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use ;


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


### where a competent authority has used the exception provided for in paragraphs 1 , 2 and 3 for a specific product or service it shall notify the commission thereof . the notification shall include the assessment referred to in paragraph 2 . ### where a competent authority has used the exception provided for in paragraphs 1 , 2 and 3 for a specific product or service it shall notify the commission thereof . the notification shall include the assessment referred to in paragraph 2 and it shall be made available to the public in an accessible format .


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


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the rights of persons with disabilities to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community and to promote the application of article 26 of the charter of fundamental rights of the european union . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular , this directive seeks to ensure full respect for the rights of persons with disabilities and older persons to benefit from measures designed to ensure their independence , social and occupational integration and participation in the life of the community and to promote the application of articles 21 , 25 and 26 of the charter of fundamental rights of the european union .


### chapters i , ii to v , and vii , apply to the following services : ### chapters i , ii to v , and vii apply to the following services provided after the date of application of this directive :


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


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


### distributors shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of a product . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by products which they have made available on the market . ### distributors shall provide competent national authorities with all the information and documentation necessary to demonstrate the conformity of a product . they shall cooperate with the authority concerned , at its request , on any action taken to eliminate the risks posed by products which they have made available on the market .


### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . ### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 , the result of the processing of pnr data is transmitted without delay by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be relevant for the prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . such transfers shall be strictly limited to the data necessary in a specific case for the prevention , detection , investigation or prosecution of a terrorist offence or serious transnational crime and shall be justified in writing . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . where appropriate , an alert shall be entered in accordance with article 36 of council decision 2007 / 533 / jha of 12 june 2007 on the establishment , operation and use of the second generation schengen information system 1 a . __________________ 1 a oj l 205 , 7 . 8 . 2007 , p . 63


### taking into account the right of passengers to be informed of the processing of their personal data , member states should ensure they are provided with accurate information about the collection of pnr data and their transfer to the passenger information unit . ### taking into account the right of passengers to be informed of the processing of their personal data , member states should ensure they are provided with accurate information about the collection of pnr data and their transfer to the passenger information unit , as well as their rights as data subjects .


### 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 transfer the specific pnr data as defined in article 2 and pursuant to article 4 and , to the extent that such data are already collected by them in their normal course of business to the database of the national passenger information unit of a 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 .


### upon expiry of the period of 30 days after the transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be masked out . such anonymised pnr data shall be accessible only to a limited number of personnel of the passenger information unit specifically authorised to carry out analysis of pnr data and develop assessment criteria according to article 4 . access to the full pnr data shall be permitted only by the head of the passenger information unit for the purposes of article 4 and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution . ### upon expiry of the period of 7 days after the transfer of the pnr data to the passenger information unit , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be depersonalised through masking in accordance with article 9a .


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


### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights . ### in particular , the scope of the directive is as limited as possible , it allows retention of specific pnr data for period of time not exceeding 30 days , after which the data must be deleted , the data must be masked out immediately , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights .


### each member state should be responsible for assessing the potential threats related to terrorist offences and serious crime . ### each member state ' s courts should be responsible for assessing the potential threats and the necessity and proportionality of processing pnr data related to terrorist offences and serious crime .


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


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


### member states shall ensure that air carriers , their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of pnr data to the passenger information unit , the purposes of their processing , the period of data retention , their possible use to prevent , detect , investigate or prosecute terrorist offences and serious crime , the possibility of exchanging and sharing such data and their data protection rights , in particular the right to complain to a national data protection supervisory authority of their choice . the same information shall be made available by the member states to the public . ### member states shall ensure that air carriers , their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of pnr data to the passenger information unit , the purposes of their processing , the period of data retention , their possible use to prevent , detect , investigate or prosecute terrorist offences and serious transnational crime , the possibility of exchanging and sharing such data and their data protection rights , such as the right to access , correct , erase and block data , and the right to complain to a national data protection supervisory authority of their choice . the same information shall be made available by the member states to the public .


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


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


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


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of pnr data to be obtained by the passenger information unit listed in the annex to this directive 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 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 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 passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in exceptional circumstances in response to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crime . ### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the passenger information unit may request access to specific pnr data kept by the passenger information unit of another member state in their full form without the masking out only in the most exceptional circumstances in response to a specific real - time threat or a specific investigation or prosecution related to terrorist offences or serious transnational crime .


### each member state shall provide that , in respect of all processing of personal data pursuant to this directive , every passenger shall have the same right to access , the right to rectification , erasure and blocking , the right to compensation and the right to judicial redress as those adopted under national law in implementation of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha . the provisions of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha shall therefore be applicable . ### each member state shall provide that , the provisions adopted under national law in implementation of articles 21 and 22 of the council framework decision 2008 / 977 / jha regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this directive . air carriers that obtain passenger contact details from travel agencies shall not be permitted to use them for commercial purposes .


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


### pnr data enable law enforcement authorities to identify persons who were previously ‘ unknown’ , i . e . persons previously unsuspected of involvement in serious crime and terrorism , but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities . by using pnr data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data . however , in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible , the aspects of the use of pnr data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature , i . e . are intrinsically linked to travelling and hence the type of the data being processed . ### pnr data enable law enforcement authorities to identify persons who were previously ‘ unknown’ , i . e . persons previously unsuspected of involvement in serious transnational crime and terrorism , but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities . pnr data may help law enforcement authorities address the threat of serious transnational crime and terrorism from a different perspective than through the processing of other categories of personal data .


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


### exchange of information under this article may take place using any existing channels for international law enforcement cooperation . the language used for the request and the exchange of information shall be the one applicable to the channel used . member states shall , when making their notifications in accordance with article 3 , also inform the commission with details of the contacts to which requests may be sent in cases of urgency . the commission shall communicate to the member states the notifications received . ### exchange of information under this article shall take place using any existing channels for european and international law enforcement cooperation , in particular europol and national units under article 8 of council decision 2009 / 371 / jha of 6 april 2009 . the language used for the request and the exchange of information shall be the one applicable to the channel used . member states shall , when making their notifications in accordance with article 3 , also inform the commission with details of the contacts to which requests may be sent in cases of urgency . the commission shall communicate to the member states the notifications received .


### member states may permit air carriers to limit the transfer referred to in point of paragraph 2 to updates of the transfer referred to in point of paragraph 2 . ### member states shall permit air carriers to limit the transfer referred to in point of paragraph 2 to updates of the transfer referred to in point of paragraph 2 .


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


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


### pnr data enable law enforcement authorities to identify persons who were previously ‘ unknown’ , i . e . persons previously unsuspected of involvement in serious crime and terrorism , but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities . by using pnr data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data . however , in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible , the aspects of the use of pnr data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature , i . e . are intrinsically linked to travelling and hence the type of the data being processed . ### pnr data may enable law enforcement authorities to identify persons who were previously ' unknown ' , i . e . persons previously unsuspected of involvement in serious transnational crime and terrorism , but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities . by using pnr data law enforcement authorities can address the threat of serious crime and terrorism from a different perspective than through the processing of other categories of personal data . however , in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible , processing of pnr data should be limited to certain serious crimes that are also transnational in nature , i . e . are intrinsically linked to travelling and hence the type of the data being processed , and limited to only such flights where there is a proven high risk of persons likely to be involved in serious transnational crime and terrorism being among the passengers , based on a court order .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### review the feasibility , necessity and proportionality of this directive , in the light of the experience gained by the member states . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period , the quality of the assessments and the effectiveness of the sharing of the data between the member states . it shall also contain the statistical information gathered pursuant to article 18 . the commission shall submit a report to the european parliament and the council within two years after the date mentioned in article 15 ;


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


### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with framework decision 2008 / 977 / jha . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country . ### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with framework decision 2008 / 977 / jha , and only on the basis of an international agreement between the union and that third country . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country .


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for conducting risk assessments in accordance with article 4 as well as collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities .


### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . the assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria .


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


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


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


### the passenger information unit of a member state shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with points and of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis . ### the passenger information unit of a member state shall transfer the pnr data or the results of the processing of pnr data of the persons identified in accordance with point of paragraph 2 for further examination to the relevant competent authorities of the same member state . such transfers shall only be made on a case - by - case basis .


### in particular , the scope of the directive is as limited as possible , it allows retention of pnr data for period of time not exceeding 5 years , after which the data must be deleted , the data must be anonymised after a very short period , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights . ### in particular , the scope of the directive is as limited as possible , it allows retention of specific pnr data for period of time not exceeding 30 days , after which the data must be deleted , the data must be masked out immediately , the collection and use of sensitive data is prohibited . in order to ensure efficiency and a high level of data protection , member states are required to ensure that an independent national supervisory authority is responsible for advising and monitoring how pnr data are processed . all processing of pnr data must be logged or documented for the purpose of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of the data processing . member states must also ensure that passengers are clearly and precisely informed about the collection of pnr data and their rights .


### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be necessary for the prevention , detection , investigation or prosecution of terrorist offences or serious crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . ### member states shall ensure that , with regard to persons identified by a passenger information unit in accordance with article 4 and , the result of the processing of pnr data is transmitted without delay by that passenger information unit to the passenger information units of other member states where the former passenger information unit considers such transfer to be relevant for the prevention , detection , investigation or prosecution of terrorist offences or certain types of serious transnational crime . the passenger information units of the receiving member states shall transmit such pnr data or the result of the processing of pnr data to their relevant competent authorities . where appropriate , an alert shall be entered in accordance with article 36 of the schengen information system .


### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : ### a member state may transfer pnr data and the results of the processing of pnr data to a third country on a case - by - case basis , only on the basis of an international agreement between the union and that third country and if :


### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 30 days after their transfer to the passenger information unit of the first member state on whose territory the international flight is landing or departing . ### member states shall ensure that the pnr data provided by the air carriers , pursuant to article 4 , subparagraphs and , to the passenger information unit , are retained in a database at the passenger information unit for a period of 2 days after their first transfer to the passenger information unit .


### 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 articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serious transnational crime should be limited to trafficking in human beings as defined in article 2 of directive 2011 / 36 / eu of 5 april 2011 on preventing and combating trafficking in human beings and protecting its victims1 a , to illicit trafficking in narcotic drugs as defined in article 2 of council framework decision 2004 / 757 / jha of 25 october 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking38 , and to illicit trafficking in weapons , munition and explosives as defined in article 2b of council directive 2008 / 51 / ec of 21 may 2008 on control of the acquisition and possession of weapons1 b . 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 . __________________ 37 oj l 164 , 22 . 6 . 2002 , p . 3 . decision as amended by council framework decision 2008 / 919 / jha of 28 november 2008 . 1 a oj l 101 , 15 . 4 . 2011 , p . 1 38 oj l 335 , 11 . 11 . 2004 , p . 8 1 b oj l 179 , 8 . 7 . 2008 , p . 5


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


### 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 serious 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 .


### where a distributor considers or has reason to believe that ppe is not in conformity with the applicable essential health and safety requirements set out in annex ii , he shall not make the ppe available on the market until it has been brought into conformity . furthermore , where the ppe presents a risk , the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities . ### where a distributor considers or has reason to believe that ppe is not in conformity with the applicable essential health and safety requirements set out in annex ii , he shall not make the ppe available on the market until it has been brought into conformity . furthermore , where the ppe presents a risk , the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities . thereafter , the manufacturer shall immediately recall the epp from the market . the market surveillance authorities then have the obligation to inform the public of the risk as long as the corrective measure is not in place .


### during demonstrations , adequate measures shall be taken to ensure the protection of persons . ### during demonstrations and field tests , adequate measures shall be taken to ensure the protection of persons and to raise their awareness . field tests shall not be designed to test the protection performance of the ppe , but do evaluate for instance comfort , ergonomics and design . all concerned parties shall be formally informed in advance concerning the scope and the purpose of this test . a ' for field test only ' marking shall be clearly and indelibly affixed to the ppe .


### ' made - to - measure ppe ' means ppe produced as a single unit to accommodate the special needs of an individual user according to a basic model , following the instructions of the designer of that basic model and respecting the range of permissible variations ; ### ' made - to - measure ppe ' means ppe produced to accommodate the special needs of specific individual person according to a basic model , following the instructions of the manufacturer of that basic model and respecting the range of permissible variations ;


### since the scope , the essential health and safety requirements and conformity assessment procedures are to be identical in all the member states there is almost no flexibility in transposing directives based on the new approach principles into national law . directive 89 / 686 / eec should therefore be replaced by a regulation , which is the appropriate legal instrument for imposing clear and detailed rules which do not give room for divergent transposition by member states . ### since the scope , the health and safety requirements and conformity assessment procedures are to be identical in all the member states there is almost no flexibility in transposing directives based on the new approach principles into national law . directive 89 / 686 / eec should therefore be replaced by a regulation , which is the appropriate legal instrument for imposing clear and detailed rules which do not give room for divergent transposition by member states with a view , in particular , to safeguarding public health , improving safety at work , and ensuring user protection .


### manufacturers shall ensure that the ppe is accompanied by the instructions set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users , as determined by the member state concerned . ### manufacturers shall ensure that the ppe is accompanied by the instructions set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users , as determined by the member state concerned as well as , where possible , by pictograms .


### member states shall take all appropriate measures to ensure that ppe is made available on the market only if , where properly maintained and used for its intended purpose , it complies with this regulation . ### member states shall take all appropriate and necessary measures to ensure that ppe is made available on the market only if , where properly maintained , clearly explained its functioning and used for its intended purpose , it complies with this regulation ;


### member states shall take all appropriate measures to ensure that ppe is made available on the market only if , where properly maintained and used for its intended purpose , it complies with this regulation . ### member states shall take all appropriate and necessary measures to ensure and enforce that ppe is made available on the market only if , where properly maintained , its functioning clearly explained and used for its intended purpose , it complies with this regulation .


### ' individually adapted ppe ' means ppe produced in series where each item is manufactured to fit an individual user ; ### ' individually adapted ppe ' means ppe where each item is manufactured to fit an individual user in accordance with his or her special needs and characteristics ;


### member states shall report the data concerning the implementation of article 7 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 1d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 7 for each calendar year to the commission . they shall report this data electronically within 12 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 1d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] .


### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 18 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] . ### member states shall report the data concerning the implementation of article 16 for each calendar year to the commission . they shall report this data electronically within 12 months of the end of the reporting year for which the data are collected . the data shall be reported in the format established by the commission in accordance with paragraph 5d . the first report shall cover the data for the period from 1 january [ enter year of transposition of this directive + 1 year ] to 31 december [ enter year of transposition of this directive + 1 year ] .


### it is essential for achieving the co2 reductions pursuant to this regulation that the co2 emissions of heavy - duty vehicles in use are in conformity with the values determined pursuant to regulation no 595 / 2009 and its implementing measures . it should therefore be possible for the commission to take into account , in the calculation of the average specific emissions of a manufacturer , any systematic non - conformity found by type approval authorities with regard to the co2 emissions of heavy - duty vehicles in use . ### it is essential for achieving the co2 reductions pursuant to this regulation that the co2emissions of heavy - duty vehicles in use and on road are in conformity with the values determined pursuant to regulation no 595 / 2009 and its implementing measures . it should therefore be possible for the commission to take into account , in the calculation of the average specific emissions of a manufacturer , any systematic non - conformity found by type approval authorities with regard to the co2 emissions of heavy - duty vehicles in use and on road . third party independent testing of vehicles in use and on road should also be introduced .


### for that purpose , the commission shall ensure the availability , from manufacturers or national authorities , as the case may be , of robust non - personal data on real - world co2 emissions and energy consumption of heavy - duty vehicles . ### for that purpose , the commission shall ensure the availability , including to third parties for the purpose of independent testing , from manufacturers or national authorities , as the case may be , of robust data on real - world co2 emissions and energy consumption of heavy - duty vehicles .


### this regulation is part of the third ' europe on the move ' package , which delivers on the new industrial policy strategy of september 201721 , and is designed to complete the process of enabling the union to reap the full benefits of the modernisation and decarbonisation of mobility . the aim of the package is to make european mobility safer and more accessible , european industry more competitive , european jobs more secure , and the mobility system to be cleaner and better adapted to the imperative of tackling climate change . this will require the full commitment of the union , member states and stakeholders , not least in strengthening efforts to reduce co2 emissions and air pollution . _________________ 21 investing in a smart , innovative and sustainable industry a renewed eu industrial policy strategy , com 0479 final ### this regulation is part of the third ' europe on the move ' package , which delivers on the new industrial policy strategy of september 201721 , and is designed to complete the process of enabling the union to reap the full benefits of the modernisation and decarbonisation of mobility . the aim of the package is to make european mobility safer and more accessible , european industry more competitive , european jobs more secure , and the sector to be firmly on the path towards zero emission by mid - century and fully in line with the paris agreement . this will require the full commitment of the union , member states and stakeholders , not least in strengthening efforts to reduce co2emissions and air pollution . the eu industry needs to understand that increasingly stringent environmental standards are a chance to expand their market position also beyond the eu to global markets . _________________ 21 investing in a smart , innovative and sustainable industry a renewed eu industrial policy strategy , com 0479 final


### the amounts of the excess emissions premium shall be considered as revenue for the general budget of the union . ### the amounts of the excess emissions premium shall be considered as revenue for the general budget of the union . those amounts shall be used only for the purpose of supporting programmes conducted in close cooperation with social partners , promoting the just transition of the automotive sector towards low - emission mobility , and promoting innovative solutions that incentivise the rapid deployment of zero - and low - emission heavy - duty vehicles .


### advise the union and the member states on research needs and priorities in the area of cybersecurity , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ; ### advise the union and the member states on research needs and priorities in the areas of cybersecurity and data protection and privacy , with a view to enabling effective responses to current and emerging risks and threats , including with respect to new and emerging information and communications technologies , and to using risk - prevention technologies effectively ;


### the commission , based on the candidate scheme proposed by enisa , may adopt implementing acts , in accordance with article 55 , providing for european cybersecurity certification schemes for ict products and services meeting the requirements of articles 45 , 46 and 47 of this regulation . ### the commission , based on the candidate scheme proposed by enisa , may adopt implementing acts , in accordance with article 55 , providing for european cybersecurity certification schemes for ict products and services meeting the requirements of articles 45 , 46 and 47 of this regulation . the commission may consult the european data protection board and take account of its view before adopting such implementing acts .


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


### measures which may be included in the national air pollution control programme ### measures which shall be included in the national air pollution control programme


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property or all the circumstances or factual elements relating to the criminal activity , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states should also be able to establish as a prerequisite the fact that the relevant conduct would have been a predicate offence in its national law , had it been committed there . however , insofar as the relevant conduct constitutes a certain type of serious crime , member states should not require that the relevant conduct be a criminal offence in the member state or country where that conduct took place .


### a prior or simultaneous conviction for the criminal activity that generated the property ; ### a prior or simultaneous conviction for the criminal activity from which the property was derived as referred to in paragraph 1 ;


### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 8 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should lay down in a catalogue minimum types and levels of clearly defined penalties when the criminal offences defined in this directive are committed . minimum types and levels of penalties should also be laid down with respect to inciting , aiding and abetting the commission of such criminal offences . member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems in the following circumstances : the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 ; the perpetrator abuses his or her professional position to enable money laundering ; the money or property being laundered is derived from terrorist activities as defined in directive 2017 / 541 of the european parliament or of the council37a or illicit arms trafficking ; or the offender is a politically exposed person as defined by directive 2015 / 849 or involved in corruption of elected officials . member states should calculate the amount of fines in accordance with the gross principle , i . e . based on the profit stemming from the criminal action without deducting any costs incurred , so as to ensure that the penalty is higher than the economic value of the crime . member states shall make arrangements for the effective implementation of those penalties . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , 37a directive 2017 / 541 of the european parliament or of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha .


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### each member state shall ensure that a legal person held liable for offences pursuant to article 7 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as :


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


### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least four years , at least in serious cases . ### each member state shall ensure that the offences referred to in article 3 shall be punishable by a maximum term of imprisonment of at least five years .


### each member state shall ensure that a legal person held liable for offences pursuant to article 6 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal or non - criminal fines and may include other sanctions , such as : ### each member state shall ensure that a legal person held liable for offences pursuant to article 7 shall be punishable by effective , proportionate and dissuasive sanctions , which shall include criminal fines and may , at the judge’s discretion , also include the following temporary or permanent sanctions :