### the commission shall review the multiannual work programmes at least at mid - term . if necessary , it shall revise the multiannual work programme by means of an implementing act . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 25 . ### in article 17 , paragraph 2 is replaced by the following text : ‘ 2 . the commission shall review the multiannual work programmes at least at mid - term . in the transport sector , it shall review the multiannual work programme in order to adapt it to the withdrawal of the united kingdom from the union . if necessary , it shall revise the multiannual work programme by means of an implementing act . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 25 . ’


### the obligation for drinking water protected areas to meet the requirements of council directive 98 / 83 / ec40 ; __________________ 40 council directive 98 / 83 / ec of 3 november 1998 on the quality of water intended for human consumption . ### the obligation for drinking water protected areas to meet the requirements of council directive 98 / 83 / ec40 including regarding hormones , medicines and microplastics ; __________________ 40 council directive 98 / 83 / ec of 3 november 1998 on the quality of water intended for human consumption .


### pesticides ; ### pesticides including endocrine disruptors ;


### pharmaceuticals ; ### pharmaceuticals and hormones ;


### other substances of emerging concern ; ### other substances of emerging concern , such as microplastics ;


### undeclared work has serious budgetary implications through decreased tax and social security revenues . it has negative impacts on employment , productivity , compliance with working conditions ' standards , skills development and life - long learning . it undermines the financial sustainability of social protection systems , deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare . ### undeclared work has serious budgetary implications through decreased tax and social security revenues . undeclared work also does not produce a level playing field in the eu . it has negative impacts on employment , productivity , compliance with working conditions ' standards , skills development and life - long learning . it undermines the financial sustainability of social protection systems , deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare .


### strenghtening economic cohesion amongst member states whose currency is the euro would contribute to the stability of the monetary union and to the harmonious development of the union as a whole . ### strenghtening economic , social and territorial cohesion amongst member states whose currency is the euro would contribute to the stability of the monetary union and to the harmonious development of the union as a whole .


### the unprecedented financial crisis and economic downturn that hit the world and the euro area has shown that in the euro area available instruments such as the single monetary policy , automatic fiscal stabilisers and discretionary fiscal policy measures at national level are insufficient to absorb large asymmetric shocks . ### the unprecedented financial and social crisis and economic downturn that hit the world and the euro area has shown that in the euro area available instruments such as the single monetary policy , automatic fiscal stabilisers and discretionary fiscal policy measures at national level are insufficient to provide sustainable solutions , absorb large asymmetric shocks , or prevent the most vulnerable being hit disproportionately high .


### in order to facilitate macroeconomic adjustment and cushion large asymmetric shocks in the current institutional set - up , member states whose currency is the euro and other member states that participate in the exchange rate mechanism have to rely more heavily on remaining instruments of economic policy , such as automatic fiscal stabilisers and other discretionary fiscal measures , making the adjustment more difficult overall . the sequence of the crisis in euro area also suggests strong reliance on the single monetary policy to provide for macro - economic stabilisation in severe macro - economic circumstances . ### in order to facilitate macroeconomic adjustment and cushion large asymmetric shocks in the current institutional set - up , member states whose currency is the euro and other member states that participate in the exchange rate mechanism have to rely more heavily on remaining instruments of economic policy , such as automatic fiscal stabilisers and other discretionary fiscal measures , making the adjustment more difficult overall , and especially for the most vulnerable . the sequence of the crisis in euro area also suggests strong reliance on the single monetary policy to provide for macro - economic stabilisation in severe macro - economic circumstances .


### eisf should be a union instrument which complements national fiscal policies . it should be recalled that member states should pursue sound fiscal policies and build up fiscal buffers in favourable economic times . ### eisf should be a union instrument which complements national fiscal policies . it should be recalled that member states should pursue inclusive and sound fiscal , social and employment policies and build up fiscal buffers in favourable economic times .


### 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 .


### the activation of eisf support should therefore be determined by a double activation trigger based on both the level of national unemployment rate compared to its past average and the change in unemployment compared to a certain threshold . ### the activation of eisf support should therefore be determined by a triple activation trigger based on both the level of national unemployment rate compared to its past average and the change in unemployment and material deprivation compared to a certain threshold .


### strict eligibility criteria based on compliance with decisions and recommendations under the union ' s fiscal and economic surveillance framework over a period of two years before the request for eisf support should be fulfilled by the member state requesting eisf support in order not to diminish the incentive for that member state to pursue prudent budgetary policies . ### strict eligibility criteria based on compliance with decisions and recommendations under the union ' s fiscal and economic surveillance framework over a period of two years before the request for eisf support should be fulfilled by the member state requesting eisf support in order not to diminish the incentive for that member state to pursue socially responsible and prudent budgetary policies , with full respect to the rights guaranteed by the charter of fundamental rights .


### 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 .


### 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 . ### 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 social investment in programmes supported by the union under the european social fund plus , the share dedicated to social inclusion measures within the european social fund plus , and eligible public investment in programmes supported 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 .


### if the commission , after having heard the member state concerned , concludes that the conditions referred to in paragraph 1 have not been complied with , it shall adopt a decision : ### if the commission , after having heard the member state concerned , concludes that the conditions referred to in paragraph 1 have not been complied with , it shall examine the underlying reasons and adopt a decision :


### employment , unemployment rate , participation rates , indicators of part time employment , hours worked ; ### employment , unemployment rate , participation rates , indicators of part time employment , in - work poverty , neet* rate , hours worked ; * the indicator young people neither in employment nor in education and training , abbreviated as neet , corresponds to the percentage of the population of a given age group and sex who is not employed and not involved in further education or training .


### 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 .


### article 8 data protection the provisions of regulation 2016 / 679 and the national laws , regulations or administrative provisions transposing directive 2016 / 680 shall apply to personal data processed under this directive . 2 . member states shall ensure that personal data processed under this directive are , within an appropriate time period , rectified if inaccurate , or erased or restricted , and that a time limit for the storage of data is established in accordance with regulation 2016 / 679 and the national laws , regulations or administrative provisions transposing directive 2016 / 680 . member states shall ensure that all personal data processed under this directive are only used for the purpose of facilitating the cross - border exchange of information on failures to pay road fees , and that the data subjects have the same rights to information , access , rectification , erasure and blocking , compensation and judicial redress as provided for in regulation 2016 / 679 and the national laws , regulations or administrative provisions transposing directive 2016 / 680 . 3 . any person concerned shall have the right to obtain information on which personal data recorded in the member state of registration were transmitted to the member state in which there was a failure to pay a road fee , including the date of the request and the competent authority of the member state in whose territory there was a failure to pay a road fee . ### article 8 data protection regulation 2016 / 679 and directive 2002 / 58 / ec shall apply to personal data processed under this directive . directive 2016 / 680 shall only apply to personal data processed under this directive when the failure to pay a road fee is a criminal offence in the member state where the payment is due . 2 . member states shall ensure that the processing of personal data for the purposes of article 5 is limited to the types of data listed in annex ii . member states shall also ensure that data subjects have the right to update , rectify or erase personal data processed without undue delay if inaccurate . member states shall establish a time limit for the storage of personal data in accordance with regulation 2016 / 679 and , where applicable , directive 2016 / 680 . ) member states shall ensure that personal data processed under this directive are processed for the sole purpose of facilitating the cross - border exchange of information on failures to pay road fees and shall not be further processed for any other purpose . member states shall also ensure that the data subjects have the same rights of information , access , rectification , erasure and restriction of processing , to lodge a complaint with a data protection supervisory authority , compensation and an effective judicial remedy as provided for in regulation 2016 / 679 and , where applicable , directive 2016 / 680 . member states shall ensure that access to personal data is only granted to the designated competent authorities for the exchange of vehicle registration . 3 . any person concerned shall have the right to obtain , without undue delay , information on which personal data recorded in the member state of registration were transmitted to the member state in which there was a failure to pay a road fee , including the date of the request and the competent authority of the member state in whose territory there was a failure to pay a road fee .


### validation of the chosen technical solutions vis - à - vis the union rules protecting the freedoms and fundamental rights of individuals , including their privacy and protection of personal data . in particular , it will be necessary to ensure compliance with regulation 2016 / 679 and directive 2002 / 58 / ec ; ### validation of the chosen technical solutions vis - à - vis the union rules protecting the freedoms and fundamental rights of individuals , including their privacy and protection of personal data . in particular , it will be necessary to ensure compliance with regulation 2016 / 679 and directive 2002 / 58 / ec as well as , where applicable , directive 2016 / 680 ;


### when providing decoupled direct support based on the system of payment entitlements , member states should continue to manage a national reserve or reserves per group of territories . such reserves should be used , as a matter of priority , for young farmers and farmers commencing their agricultural activity . rules on the use and transfers of payment entitlements are also necessary in order to guarantee a smooth functioning of the system . ### when providing decoupled direct support based on the system of payment entitlements , member states should continue to manage a national reserve or reserves per group of territories . such reserves should be used , as a matter of priority , for young farmers , women farmers and farmers commencing their agricultural activity . rules on the use and transfers of payment entitlements are also necessary in order to guarantee a smooth functioning of the system .


### in the light of the need to fill the investment gap in the union agricultural sector and improve access to financial instruments for priority groups , notably young farmers and new entrants with higher risk profiles , use of the investeu guarantee and combination of grants and financial instruments should be encouraged . since the use of financial instruments across member states varies considerably as a result of differences in terms of access to finance , banking sector development , presence of risk capital , familiarity of public administrations and potential range of beneficiaries , member states should establish in the cap strategic plan appropriate targets , beneficiaries and preferential conditions , and other possible eligibility rules . ### in the light of the need to fill the investment gap in the union agricultural sector and improve access to financial instruments for priority groups , notably women farmers , young farmers and new entrants with higher risk profiles , use of the investeu guarantee and combination of grants and financial instruments should be encouraged . since the use of financial instruments across member states varies considerably as a result of differences in terms of access to finance , banking sector development , presence of risk capital , familiarity of public administrations and potential range of beneficiaries , member states should establish in the cap strategic plan appropriate targets , beneficiaries and preferential conditions , and other possible eligibility rules .


### member states shall provide in their cap strategic plan the definitions of agricultural activity , agricultural area , eligible hectare , genuine farmer and young farmer : ### member states shall provide in their cap strategic plan the definitions of agricultural activity , agricultural area , eligible hectare , genuine farmer , women farmer and young farmer :


### for each member state the minimum amount set out in annex x shall be reserved for contributing to the specific objective ' attract young farmers and facilitate business development ' set out in point of article 6 . on the basis of the analysis of the situation in terms of strengths , weaknesses , opportunities and threats and the identification of the needs that are to be addressed , the amount shall be used for the following types of interventions : ### for each member state the minimum amount set out in annex x shall be reserved for contributing to the specific objective ' attract young farmers and facilitate business development ' set out in point of article 6 . on the basis of the gender impact assessment , the analysis of the situation in terms of strengths , weaknesses , opportunities and threats and the identification of the needs that are to be addressed , the amount shall be used for the following types of interventions :


### the commission shall assess the proposed cap strategic plans on the basis of the completeness of the plans , the consistency and coherence with the general principles of union law , with this regulation and the provisions adopted pursuant to it and with the horizontal regulation , their effective contribution to the specific objectives set out in article 6 , the impact on the proper functioning of the internal market and distortion of competition , the level of administrative burden on beneficiaries and administration . the assessment shall address , in particular , the adequacy of the strategy of the cap strategic plan , the corresponding specific objectives , targets , interventions and the allocation of budgetary resources to meet the specific cap strategic plan objectives through the proposed set of interventions on the basis of the swot analysis and the ex - ante evaluation . ### the commission shall assess the proposed cap strategic plans on the basis of the completeness of the plans , the consistency and coherence with the general principles of union law , with this regulation and the provisions adopted pursuant to it and with the horizontal regulation , their effective contribution to the specific objectives set out in article 6 , the impact on the proper functioning of the internal market and distortion of competition , the level of administrative burden on beneficiaries and administration . the assessment shall address , in particular , the adequacy of the strategy of the cap strategic plan , the corresponding specific objectives , targets , interventions and the allocation of budgetary resources to meet the specific cap strategic plan objectives through the proposed set of interventions on the basis of the gender impact assessment , the swot analysis and the ex - ante evaluation .


### the member state shall decide the composition of the monitoring committee and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in article 94 . ### the member state shall decide the composition of the monitoring committee and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in article 94 , including at least one representative of a relevant body responsible for promoting gender equality .


### member states shall carry out ex - ante evaluations to improve the quality of the design of their cap strategic plans . ### member states shall carry out gender responsive ex - ante evaluations to improve the quality of the design of their cap strategic plans .


### the commission shall carry out an interim evaluation to examine the effectiveness , efficiency , relevance , coherence and union added value of the eagf and the eafrd by the end of the third year following the start of implementation of the cap strategic plans taking into account the indicators set out in annex i . the commission may make use of all relevant information already available in accordance with article [ 128 ] of the [ new financial regulation ] . ### the commission shall carry out an interim gender responsive evaluation to examine the effectiveness , efficiency , relevance , coherence and union added value of the eagf and the eafrd by the end of the third year following the start of implementation of the cap strategic plans taking into account the indicators set out in annex i . the commission may make use of all relevant information already available in accordance with article [ 128 ] of the [ new financial regulation ] .


### based on evidence provided in evaluations on the cap , including evaluations on cap strategic plans , as well as other relevant information sources , the commission shall present an initial report on the implementation of this article , including first results on the performance of the cap , to the european parliament and the council , after the completion of the interim evaluation . a second report including an assessment of the performance of the cap shall be presented by 31 december 2031 . ### based on evidence provided in evaluations on the cap , including evaluations on cap strategic plans , as well as other relevant information sources , the commission shall present an initial report on the implementation of this article , including first results on the performance of the cap and with a specific chapter on gender equality , to the european parliament and the council , after the completion of the interim evaluation . a second report including an assessment of the performance of the cap and with a chapter on gender equality shall be presented by 31 december 2031 .


### data needed for the context and impact indicators shall primarily come from established data sources , such as the farm accountancy data network and eurostat . where data for these indicators are not available or not complete , the gaps shall be addressed in the context of the european statistical program established under regulation no 223 / 2009 of the european parliament and of the council40 , the legal framework governing the farm accountancy data network or through formal agreements with other data providers such as the joint research centre and the european environment agency . __________________ 40 regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics and repealing regulation no 1101 / 2008 of the european parliament and of the council on the transmission of data subject to statistical confidentiality to the statistical office of the european communities , council regulation no 322 / 97 on community statistics , and council decision 89 / 382 / eec , euratom establishing a committee on the statistical programs of the european communities . ### data needed for the context and impact indicators shall primarily come from established data sources , such as the farm accountancy data network , eige and eurostat . where data for these indicators are not available or not complete , the gaps shall be addressed in the context of the european statistical program established under regulation no 223 / 2009 of the european parliament and of the council40 , the legal framework governing the farm accountancy data network or through formal agreements with other data providers such as the joint research centre and the european environment agency . __________________ 40 regulation no 223 / 2009 of the european parliament and of the council of 11 march 2009 on european statistics and repealing regulation no 1101 / 2008 of the european parliament and of the council on the transmission of data subject to statistical confidentiality to the statistical office of the european communities , council regulation no 322 / 97 on community statistics , and council decision 89 / 382 / eec , euratom establishing a committee on the statistical programs of the european communities .


### 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 to benefit from measures designed to ensure their independence , social and occupational integration , dignity and participation in the life of the community with a with the aim of equality between men and women , and to promote the application of articles 21 and 26 of the charter of fundamental rights of the european union and the united nations convention on the rights of persons with disabilities which explicitly prohibit discrimination on the ground of disability , and provide for equal participation of persons with disabilities in society .


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


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


### chapters i , ii to v , and vii apply to the following products : ### this directive establishes a framework for the setting of union accessibility requirements for products referred to in this paragraph and services referred to in paragraph 2 and subsequent , with the aim of ensuring the free movement of such products within the internal market while at the same time increasing the accessibility of such products and services for persons with disabilities and persons with age related or any other impairments . chapters i , ii to v , and vii apply , on a non - exclusive basis , to the following products :


### “withdrawal” means any measure aiming at preventing a product in the supply chain from being made available on the market ; ### .


### 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 .


### 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 .


### service providers shall prepare the necessary information in accordance with annex iii explaining how the services meet the accessibility requirements referred to in article 3 . the information shall be made available to the public in written and oral format , including in a manner which is accessible to persons with functional limitations and persons with disabilities . service providers shall keep the information as long as the service is in operation . ### service providers shall prepare the necessary information in accordance with annex iii explaining how the services meet the accessibility requirements referred to in article 3 . to this end , service providers may refer to existing provisions setting out accessibility requirements . the information shall be made available to the public in written and oral format , including in a manner which is accessible to persons with functional limitations and persons with disabilities . service providers shall keep the information as long as the service is in operation .


### the assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator . ### the assessment of whether compliance with accessibility requirements regarding products or services imposes a fundamental alteration or disproportionate burden shall be performed by the economic operator . lack of priority , time or knowledge shall not be considered as legitimate reasons to claim the disproportionate burden .


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


### the interfacing of the product with assistive devices ### the product shall provide compatibility with assistive devices and technologies , including hearing technologies , such as hearing aids , telecoils , cochlear implants , and assistive listening devices . the product shall also allow for the use of personal headsets .


### 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 and persons with disabilities and those with age related impairments , shall be achieved by complying with making accessible the following accessibility requirements :


### the packaging of the product including the information provided in it ; ### the packaging of the product including the information provided in it which :


### the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : ### the product instructions for use , installation and maintenance , storage and disposal of the product , whether provided separately or integrated within the product , which shall comply with the following :


### the interfacing of the product with assistive devices . ### the product shall provide compatibility with a variety of assistive devices and technologies available at union and international level , including hearing technologies , such as hearing aids , telecoils , cochlear implants , and assistive listening devices .


### design and production : ### design and production of general purpose computer hardware :


### providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : ### providing information in accessible formats about the functioning of the service and about its barrier - free accessibility characteristics and facilities as follows :


### alternatives to non - text content shall be provided ; ### shall list and explain how to use the accessibility features of the service including accessibility of vehicles and surrounding infrastructure and built environment as well as information about assistance provided according to regulation 1107 / 2006 , regulation 1177 / 2010 , regulation 1371 / 2007 , and regulation 181 / 2011 ;


### the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . ### shall be provided on alternative non - electronic formats upon request . the alternative non - electronic formats may include large print , braille , or easy - to - read .


### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations . ### including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations and persons with disabilities : smart ticketing ; real - time passenger information ; additional service information .


### alternatives to non - text content shall be provided ; ### shall list and explain how to use the accessibility features of the service and its complementarity with a variety of assistive technologies .


### making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites and online applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites and online applications accessible in a consistent and adequate way for users ' perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites and online applications accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### making accessible the built environment where the service is provided , including transport infrastructure , in accordance with part c , without prejudice to national and union legislation for the protection of national treasures possessing artistic , historic or archaeological value ; ### making accessible the built environment where the service is provided , including cross - border and intermodal transport infrastructure , in accordance with part c , without prejudice to national and union legislation for the protection of national treasures possessing artistic , historic or archaeological value ;


### making websites accessible in a consistent and adequate way for users ' perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites and online applications accessible in a consistent and adequate way for users ' perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ;


### making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative , and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### making websites including online applications needed for the provision of the passenger transport , tourism , accommodation , catering services accessible in a consistent and adequate way for users’ perception , operation and understanding . this includes the adaptability of the contents presentation and interaction , with an accessible electronic alternative provided when necessary ; in a robust way that facilitates interoperability with a variety of user agents and the assistive technologies available at union and international level ;


### air , bus , rail and waterborne passenger transport services ; websites used for provision of passenger transport services ; mobile device - based services , smart ticketing and real time information ; self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services ### air , bus , coach , rail and waterborne passenger transport services ; websites used for provision of passenger transport services ; mobile device - based services , smart ticketing and real time information ; self - service terminals , ticketing machines and check - in machines used for provision of passenger transport , mobility and tourism services


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


### 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 .


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


### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned . ### member states shall adopt the necessary measures to ensure that air carriers which already collect pnr data from their passengers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them in their normal course of business to the database of the national passenger information unit of a member state when this is requested in accordance with article 9 . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data exclusively to the passenger information unit of the member state of final arrival .


### air carriers shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure , by any other appropriate means ensuring an appropriate level of data security : ### in accordance with paragraph 1 and 2 air carriers shall transfer pnr data by electronic means using the common protocols and supported data formats to be adopted in accordance with the procedure of articles 13 and 14 or , in the event of technical failure of the air carriers , by any other appropriate means ensuring an appropriate level of data security :


### 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 may 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 establishing the european police office 1 a . 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 . __________________ 1 a oj l 121 , 15 . 5 . 2009 , p . 37


### union fishing vessels shall be prohibited from discharging offal during shooting and hauling . where this is not feasible , vessels shall batch waste for two hours or longer . ### union fishing vessels shall be prohibited from discharging offal during shooting and hauling . where this is not feasible and when it is necessary to discharge biological waste due to operational safety concerns , vessels shall batch waste for two hours or longer .


### however , experience with its application has shown inadequacies and inconsistencies in the product coverage and conformity assessment procedures . in order to take account of this experience and to provide clarification in relation to the framework within which products covered by this regulation may be marketed , certain aspects of directive 89 / 686 / eec should be revised and enhanced . ### however , experience with its application has shown inadequacies and inconsistencies in the product coverage and conformity assessment procedures . in order to take account of this experience and to provide clarification in relation to the framework within which products covered by this regulation may be marketed , certain aspects of directive 89 / 686 / eec should be revised and enhanced while maintaining the overarching principle of health and safety protection .


### 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 .


### economic operators should be responsible for the compliance of products , in relation to their respective roles in the supply chain , so as to ensure a high level of protection of public interests , such as health and safety , and the protection of users and to guarantee fair competition on the union market . ### economic operators should be responsible for the compliance of products , in relation to their respective roles in the whole supply chain , so as to ensure a high level of protection of public interests , such as health and safety , and the proper information and protection of users and to guarantee fair competition on the union market .


### distributors and importers , being close to the market place , should be involved in market surveillance tasks carried out by competent national authorities , and should be prepared to participate actively , providing those authorities with all necessary information relating to the ppe concerned . ### distributors and importers , being close to the market place , should only be involved in market surveillance tasks carried out by competent national authorities when any conflict of interest can be avoided , and should be prepared to participate actively , providing those authorities with all necessary information relating to the ppe concerned


### ensuring traceability of ppe throughout the supply chain helps to make market surveillance simpler and more efficient . an efficient traceability system facilitates the market surveillance authorities ' task of tracing economic operators who made non - compliant product available on the market . ### ensuring traceability of ppe throughout the whole supply chain helps to make market surveillance simpler and more efficient . an efficient traceability system facilitates the market surveillance authorities ' task of tracing economic operators who made non - compliant product available on the market .


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


### ' 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 ;


### ' 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 as a single unit to accommodate the special needs of an individual user according to a basic model , following the instructions of the manufacturer of that basic model and respecting the range of variations ;


### 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 .


### ppe shall fulfil the applicable essential health and safety requirements set out in annex ii . ### ppe shall fulfil the applicable essential health and safety requirements set out in annex ii and in full compliance with directive 89 / 391 / ec .


### this regulation shall not affect member states ' entitlement , in particular when implementing directive 89 / 656 / eec , to lay down requirements concerning the use of ppe provided that these requirements do not affect the design of ppe which is placed on the market in accordance with this regulation . ### this regulation shall not affect member states ' entitlement , in particular when implementing directive 89 / 656 / eec , to lay down requirements concerning the use of ppe provided that these requirements are justified by an added value in terms of health and safety of the user .


### importers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring the ppe into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , importers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### importers who consider or have reason to believe that ppe which they have placed on the market is not in conformity with this regulation shall immediately take the corrective measures necessary to bring the ppe into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , importers shall immediately inform the market surveillance authorities of the member states in which they made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . the market surveillance authorities then have the obligation to inform the public of the risk as long as the corrective measure is not in place .


### distributors who consider or have reason to believe that ppe which they have made available on the market is not in conformity with the requirements of this regulation shall make sure that the necessary corrective measures are taken to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , distributors shall immediately inform the market surveillance authorities of the member states in which they have made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . ### distributors who consider or have reason to believe that ppe which they have made available on the market is not in conformity with the requirements of this regulation shall make sure that the necessary corrective measures are taken to bring it into conformity , to withdraw it or to recall it , as appropriate . furthermore , where the ppe presents a risk , distributors shall immediately inform the market surveillance authorities of the member states in which they have made the ppe available on the market to that effect , giving details , in particular , of the non - conformity and of any corrective measures taken . the market surveillance authorities then have the obligation to inform the public of the risk as long as the corrective measure is not in place .


### where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary , it shall ensure that the subcontractor or the subsidiary meets the requirements set out in article 23 and shall inform the notifying authority accordingly . ### where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary , it shall ensure that the subcontractors or the subsidiaries along the full compliance chain meet the requirements set out in article 23 and shall inform the notifying authority accordingly .


### member states shall lay down the rules on penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ 3 months prior to the date of application of this regulation ] at the latest and shall notify it without delay of any subsequent amendment affecting them . ### member states shall lay down the rules on surveillance , control , sanctions and penalties applicable to infringements of the provisions of this regulation and shall take all measures necessary to ensure that they are implemented . the penalties or sanctions provided for must be effective , proportionate and dissuasive . member states shall notify those provisions to the commission by [ 3 months prior to the date of application of this regulation ] at the latest and shall notify it without delay of any subsequent amendment affecting them .


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and efficient use of natural resources and promoting the principles of the circular economy .


### 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


### a reduction target should be set for 2025 as a relative reduction based on the average co2 emissions of those heavy - duty vehicles in 2019 , reflecting the deployment of readily available cost - effective technologies for conventional vehicles . the 2030 target should be considered aspirational and the final target should be determined pursuant to a review to be carried out in 2022 as there are more uncertainties on the uptake of more advanced technologies which are not yet readily available . ### a reduction target should be set for 2025 as a relative reduction based on the average co2emissions of those heavy - duty vehicles in 2019 , reflecting the deployment of readily available cost - effective technologies for conventional vehicles . a reduction target should also be set for 2030 , pursuant to a review to be carried out in 2022 , that takes into account that there are more uncertainties on the uptake of more advanced technologies which are not yet readily available .


### contrary to cars and vans , zero - and low - emission heavy - duty vehicles are not yet available on the market , except for buses . a dedicated mechanism , in the form of super credits , should therefore be introduced to facilitate a smooth transition towards zero - emission mobility . this will provide incentives for the development and deployment on the union market of zero - and low - emission heavy - duty vehicles that would complement demand - side instruments , such as the clean vehicle directive 2009 / 33 / ec of the european parliament and of the council26 . _________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles as amended by directive … / … / eu [ com 653 final ] . ### in order to ensure the smooth transition towards zero - emission mobility , and to provide incentives for the development and deployment on the union market of zero - and low - emission heavy - duty vehicles that would complement demand - side instruments , such as the clean vehicle directive 2009 / 33 / ec of the european parliament and of the council26 , binding minimum shares of zero - and low - emission vehicles in a manufacturer’s fleet of new heavy - duty vehicles should be set for 2025 and 2030 . _________________ 26 directive 2009 / 33 / ec of the european parliament and of the council of 23 april 2009 on the promotion of clean and energy - efficient road transport vehicles as amended by directive … / … / eu [ com 653 final ] .


### in designing the incentive mechanism for the deployment of zero - emission heavy - duty vehicles , also smaller lorries , buses and coaches that are not subject to the co2 emission targets under this regulation should be included . these vehicles also have significant benefits in terms of helping to address air pollution problems in cities . however , it should be noted that zero - emission buses are already on the market and are incentivised through demand - side measures such as public procurement . in order to ensure that the incentives are well balanced between the different types of vehicles , the savings resulting from the zero - emission smaller lorries , buses and coaches should therefore also be subject to a cap . ### in designing the incentive mechanism for the deployment of zero - emission heavy - duty vehicles , also smaller lorries and other categories of heavy - duty vehicles that are not yet subject to the co2 emission targets under this regulation should be included . these vehicles also have significant benefits in terms of helping to address air pollution problems in cities .


### 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 .


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


### berec shall act within the scope of directive [ . . . ] , directive 2002 / 58 / ec , regulation no 531 / 2012 , regulation no 2015 / 2120 and decision 243 / 2012 / eu36 . _________________ 36 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme . ### berec shall act within the scope of directive [ . . . ] , directive 2002 / 58 / ec , regulation no 531 / 2012 , regulation no 2015 / 2120 and decision 243 / 2012 / eu36 and any other union act setting new tasks and powers for it . _________________ 36 decision no 243 / 2012 / eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme .


### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union . ### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the harmonised internal market . it shall also promote non - discriminatory treatment of traffic in the provision of internet access services ; open internet access ; access to , and take - up of , very high capacity data connectivity ; competition in the provision of electronic communications networks , services and associated facilities ; and the interests of the citizens of the union .


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


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


### union action should continue to take particular account of the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order . ### union action should go beyond the financial action task force recommendations and instruments of other international bodies active in the fight against money laundering and terrorist financing . the commission should carry out its own assessment regarding the efficiency of measures proposed by the fatf and the implementation and effectiveness of anti - money laundering measures in general . the fatf should undertake a revision of existing standards and an assessment of its own output and it should ensure regional representation , credibility , efficiency and better use of financial intelligence , . the relevant union legal acts should , where appropriate , be further aligned with the international standards on combating money laundering and the financing of terrorism and proliferation adopted by the fatf in february 2012 . as a signatory to the council of europe convention on laundering , search , seizure and confiscation of the proceeds from crime and on the financing of terrorism , the union should transpose the requirements of that convention into its legal order .


### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive . ### the definition of criminal activities which constitute predicate offences for money laundering should be sufficiently extended and uniform in all the member states . member states should include a range of offences within each of the categories designated by the fatf , including tax evasion , fraud and avoidance , as well as any fraudulent behaviour involving the concealment of income or profits . where categories of offences , such as terrorism or environmental crimes , are set out in union law , this directive refers to such legislation . this ensures that the laundering of the proceeds of the financing of terrorism and wildlife trafficking are punishable in the member states . in cases where union law allows member states to provide for other sanctions than criminal sanctions , this directive should not require member states to establish those cases as predicate offences for the purposes of this directive .


### tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity , in line with the revised fatf recommendations . given that different tax offences may in each member state constitute a criminal activity punishable by means of the sanctions referred to in this directive , definitions of tax crimes may diverge in national law . however no harmonisation of the definitions of tax crimes in member states’ national law is sought . ### tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity , in line with the revised fatf recommendations . given that different tax offences may in each member state constitute a criminal activity punishable by means of the sanctions referred to in this directive , definitions of tax crimes may diverge in national law . however tax crimes should be understood as including at least tax fraud , aggravated tax fraud and tax evasion offences and any fraudulent behaviour involving concealment of income or profits or the organisation of one’s insolvency which aims at reducing or suppressing tax liability . the definitions of tax crimes should not include thresholds requiring the existence of a significant amount of unpaid taxes or the systematic use of fraudulent manoeuvres in national law .


### 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 .


### terrorism , including any of the offences set out in directive 2017 / xx / eu40 ; _________________ 40 directive 2017 / xx / eu of the european parliament and of the council of x x 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha on combating terrorism . ### terrorism , including the relevant offences set out in directive 2017 / xx / eu40 ; _________________ 40 directive 2017 / xx / eu of the european parliament and of the council of x x 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha on combating terrorism .


### the acquisition , possession or use of property , knowing at the time of receipt , that such property was derived from criminal activity or from an act of participation in such an activity . ### the acquisition , possession or use of property , knowing either at the time of the receipt or subsequently that such property was derived from criminal activity or from an act of participation in such activity ,


### 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 : ### with strict respect for fundamental rights and the general principles of criminal law that protect the rights of defence and of the accused , 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 and non - criminal fines , based on the gross value of the total amount stemming from criminal activity , and shall , at the judge’s discretion , include other temporary or permanent sanctions , including :


### the exclusion of that legal person from entitlement to public benefits or aid ; ### the exclusion of that legal person from entitlement to public positions , contracts benefits or aid , including union - related benefits or aid ;


### legal obstacles are predominantly felt by persons interacting on land borders , because people cross borders on a daily or weekly basis . in order to concentrate the effect of this regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring member states , this regulation should apply to cross - border regions within the meaning of the territory covered by neighbouring land border regions in two or more member states at nuts level 3 regions26 . this should not prevent member states from applying the mechanism also to maritime and external borders others than those with efta countries . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics . ### legal obstacles are predominantly felt by persons interacting on land borders , because people cross borders on a daily or weekly basis . in order to concentrate the effect of this regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring member states , this regulation should apply to cross - border regions within the meaning of the territory covered by neighbouring land border regions in two or more member states at nuts level 3 regions26 . this should not prevent member states from applying the mechanism also to maritime and external borders others than those with efta countries , on a voluntary basis regarding all parties concerned . _________________ 26 regulation no 1059 / 2003 of the european parliament and of the council of 26 may 2003 on the establishment of a common classification of territorial units for statistics .


### in order to coordinate the tasks of different authorities which in some member states will include national and regional legislative bodies , within a given member states and between those of one or more neighbouring member states , each member state which opts for the mechanism should be obliged to set up a national and , where applicable , regional cross - border coordination points and define their tasks and competencies during the different steps of the mechanism covering initiation , conclusion , implementation and monitoring of commitments and statements . ### in order to coordinate the tasks of different authorities which in some member states will include national , regional and local legislative bodies , within a given member states and between those of one or more neighbouring member states , each member state which opts for the mechanism should be obliged to set up a national and , where applicable , regional or local cross - border coordination points and define their tasks and competencies during the different steps of the mechanism covering initiation , conclusion , implementation and monitoring of commitments and statements .


### this regulation respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , in particular the right to the protection of personal data , the right to education , the freedom to choose an occupation and the right to engage in work , in particular the freedom to seek employment , to work , to exercise the right of establishment and to provide services in any member state , the freedom to conduct business , access to social security and social assistance , access to health care and access to services of general economic interest . ### this regulation respects the fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union , in particular the right to the protection of personal data , the right to education , the freedom to choose an occupation and the right to engage in work , in particular the freedom to seek employment , to work , to exercise the right of establishment and to provide services in any member state , the freedom to conduct business , access to social security and social assistance , access to health care , access to services of general economic interest and a high level of environmental protection in accordance with the principle of sustainable development .


### ' initiator ' means the actor who identifies the legal obstacle and triggers the mechanism by submitting an initiative document ; ### ' initiator ' means the actor , whether governmental or non - governmental , who identifies the legal obstacle and triggers the mechanism by submitting an initiative document ;


### member states may also use the mechanism in cross - border regions on maritime borders or in cross - border regions between one or more member states and one or more third countries or one or more overseas countries and territories . ### member states may also use the mechanism in cross - border regions on maritime borders or in cross - border regions between one or more member states and one or more third countries or one or more overseas countries and territories on a voluntary basis regarding all parties concerned .


### liaise , where they exist , with the cross - border coordination points in the neighbouring member state or states and with the cross - border coordination points in other territorial entities with legislative powers of its own member state or another member state ; ### liaise , where they exist , with the cross - border coordination points in the neighbouring member state or states and with the cross - border coordination points in other territorial entities , local or regional authorities with legislative powers of its own member state or another member state ;


### publish and keep an up - dated list of all national and regional cross - border coordination points ; ### publish and keep an up - dated list of all national , regional and local cross - border coordination points ;


### the competent cross - border coordination point shall analyse the initiative document . it shall liaise with all competent committing authorities and with the national or , where relevant , other regional cross - border coordination points in the committing member state and with the national cross - border coordination point in the transferring member state . ### the competent cross - border coordination point shall analyse the initiative document . it shall liaise with all competent committing authorities and with the national or , where relevant , other regional or local cross - border coordination points in the committing member state and with the national cross - border coordination point in the transferring member state .


### in the case of point of paragraph 2 , finalise the commitment or the statement , sign two original copies and send one back to the competent cross - border coordination point of the transferring member state for signature ; ### in the case of point of paragraph 2 , finalise the commitment or the statement , sign&#160 ; three original copies and send one back to the competent cross - border coordination point of the transferring member state for signature ;


### in the case of point of paragraph 2 , amend the commitment or the statement as regards the information in the draft commitment or the draft statement covered by points and of article 14 accordingly , finalise the commitment or statement , sign two original copies and send one back to the competent cross - border coordination point of the transferring member state for signature ; ### in the case of point of paragraph 2 , amend the commitment or the statement as regards the information in the draft commitment or the draft statement covered by points and of article 14 accordingly , finalise the commitment or statement , sign three original copies and send one back to the competent cross - border coordination point of the transferring member state for signature ;


### in order not to impede trade with goods across the external border disproportionately , this regulation should only apply to goods meeting a certain age limit . for that purpose , it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage . ### in order not to impede trade in goods across the union’s external borders disproportionately , this regulation should only apply to goods meeting a certain age and value limit . for that purpose , it seems appropriate to set a 100 year minimum age threshold for the most vulnerable categories of cultural goods , in line with the provisions of the 1954 hague convention , the 1970 unesco convention and of the 1995 unidroit convention . that minimum age threshold will ensure that the measures provided for in this regulation focus on cultural goods most likely to be targeted by looters in conflict areas , without excluding other goods the control of which is necessary for ensuring protection of cultural heritage .


### the competent authority of the member state of entry shall verify whether the application is complete . it shall request any missing information or document from the applicant within 30 days of receipt of the application . ### the competent authority of the member state of entry shall verify whether the application is complete . it shall request any missing or additional information or document from the applicant within 30 days of receipt of the application .


### an electronic system may be developed for the storage and the exchange of information between the authorities of the member states , in particular regarding importer statements and import licences . ### an electronic system shall be developed , on the basis of an appropriate legislative proposal , for the storage and the exchange of information between the authorities of the member states , including custom authorities , in particular regarding importer statements and import licences . any personal data stored or processed under such an electronic system shall respect the union’s data protection legislation , in particular the principles of necessity , proportionality and purpose limitation as well as proper supervision by data protection authorities .


### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 18 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . ### the member states shall lay down the rules on penalties applicable to infringements of articles 3 , 4 and 5 and in particular , to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the union , and shall take all measures necessary to ensure that they are implemented . the penalties provided for shall be effective , proportionate and dissuasive . member states shall notify the commission of those rules and of those measures within 12 months of the entry into force of the regulation and shall notify it , without delay , of any subsequent amendment affecting them . member states shall also notify the commission of any application of penalties .


### while the union is among the world ' s major producers of motor vehicles and demonstrates technological leadership in this sector , competition is increasing and the global automotive sector is changing rapidly through new innovations in electrified powertrains , and cooperative , connected and automated mobility . in order to retain its global competitiveness and access to markets , the union needs a regulatory framework , including a particular incentive in the area of zero - and low - emission vehicles , which creates a large home market and supports technological development and innovation . ### while the union is among the world ' s major producers of motor vehicles and demonstrates technological leadership in this sector , competition is increasing and the global automotive sector is changing rapidly through new innovations in electrified powertrains , and cooperative , connected and automated mobility . in order to retain its global competitiveness and access to markets , the union needs a regulatory framework , including a target in the area of zero - emission vehicles , which creates a large home market and supports technological development and innovation .


### manufacturers’ compliance with the targets under this regulation should be assessed at union level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year . the amounts of the excess emissions premium should be considered as revenue for the general budget of the union . ### manufacturers’ compliance with the targets under this regulation should be assessed at union level . manufacturers whose average specific emissions of co2 exceed those permitted under this regulation should pay an excess emissions premium with respect to each calendar year . the amounts of the excess emissions premium should be considered as revenue primarily to be earmarked for the union road transport sector , to enable the just transition to low - carbon mobility , and to contribute to research and development in the automotive industry , on technologies such as new drivetrains , fuels , testing , and for road safety . these should also be used to proactively address the inevitable social impacts of the low - carbon transition in the automotive sector , which will be particularly pronounced in certain most affected regions . it is paramount therefore that current measures facilitating the low - carbon transition are also accompanied by targeted programmes for redeployment , re - skilling and up - skilling of workers , as well as education and job - seeking initiatives conducted in close dialogue with the social partners .