### member states shall ensure that shareholders have the right to vote on the remuneration policy as regards directors . companies shall only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholders . the policy shall be submitted for approval by the shareholders at least every three years . ### member states shall ensure that shareholders have the right to vote on the remuneration policy as regards executives and directors . companies shall only pay remuneration to their executives and directors in accordance with a remuneration policy that has been approved by shareholders . any change in the policy shall be approved by the shareholders and the policy shall be submitted for approval by the latter at least every three years .


### the coordination group shall act by consensus , or , where necessary , vote by simple majority . there shall be one vote per member state . ### the coordination group shall act by consensus , or , where no consensus is reached , vote by 2 / 3 majority . the documentation shall be transparent , and votes documented . dissensions and minority opinion shall be motivated and included in the assessment . there shall be one vote per member state .


### consult the commission on the draft annual work programme and take into account its opinion . ### consult the commission on the draft annual work programme .


### in accordance with multilateral agreements37 and union waste legislation38 , member states are required to ensure sound waste management to prevent and reduce marine litter from both sea and land sources . in accordance with union water legislation39 member states are also required to tackle marine litter where it undermines the attainment of good environmental status of their marine waters , including as a contribution to united nations sustainable development goal 14 . __________________ 37 united nations convention on the law of the sea , the convention on the prevention of marine pollution by dumping of wastes and other matter 1972 and its 1996 protocol , annex v of the international convention for the prevention of pollution from ships , basel convention on the control of transboundary movements of hazardous wastes and their disposal . 38 directive 2008 / 98 / ec and directive 2000 / 59 / ec of the european parliament and of the council of 27 november 2000 on port reception facilities for ship - generated waste and cargo residues . 39 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy and directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . ### in accordance with multilateral agreements37 and union waste legislation38 , member states are required to ensure sound waste management to prevent and reduce marine litter from both sea and land sources . in accordance with union water legislation39 member states are also required to tackle marine litter to ensure that its properties , including its chemical composition and quantities , do not cause harm to marine waters , including as a contribution to united nations sustainable development goal 14 . __________________ 37 united nations convention on the law of the sea , the convention on the prevention of marine pollution by dumping of wastes and other matter 1972 and its 1996 protocol , annex v of the international convention for the prevention of pollution from ships , basel convention on the control of transboundary movements of hazardous wastes and their disposal . 38 directive 2008 / 98 / ec and directive 2000 / 59 / ec of the european parliament and of the council of 27 november 2000 on port reception facilities for ship - generated waste and cargo residues . 39 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy and directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy .


### beverage bottles that are single - use plastic products are one of the most found marine litter items on the beaches in the union . this is due to ineffective separate collection systems and low participation in those systems by the consumers . it is necessary to promote more efficient separate collection systems and therefore , a minimum separate collection target should be established for beverage bottles that are single - use plastic products . member states should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single - use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate . this will have a direct , positive impact on the collection rate , the quality of the collected material and the quality of the recyclates , offering opportunities for the recycling business and the market for the recyclate . ### beverage bottles that are single - use plastic products are one of the most found marine litter items on the beaches in the union . this is due to ineffective separate collection systems , low participation in those systems by the consumers but also to the physical and chemical qualities of plastic which make it resistant to degradation and therefore persist in the environment for decades or centuries after plastic products have fulfilled their purpose . it is necessary to promote more efficient separate collection systems and therefore , a minimum separate collection target should be established for beverage bottles that are single - use plastic products . member states should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single - use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate . this will have a direct , positive impact on the collection rate , the quality of the collected material and the quality of the recyclates , offering opportunities for the recycling business and the market for the recyclate .


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and reduce the impact of plastics on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular non - toxic economy with innovative business models , non - toxic products and materials , thus also contributing to the efficient functioning of the internal market .


### those measures may include national consumption reduction targets , measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer , economic instruments such as ensuring that single - use plastic products are not provided free of charge at the point of sale to the final consumer . those measures may vary depending on the environmental impact of the products referred to in the first subparagraph . ### those measures may include national consumption reduction targets , measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer , economic instruments such as ensuring that single - use plastic products are not provided free of charge at the point of sale to the final consumer or restrictions on placing on the market . those measures may vary depending on the environmental and health impacts impact of the products referred to in the first subparagraph .


### the commission may adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single - use plastic products referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 . ### the commission shall adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single - use plastic products referred to in paragraph 1 . that implementing act shall be adopted in accordance with the examination procedure referred to in article 16 within two years of entry into force of this directive .


### member states shall ensure that each single - use plastic product listed in part d of the annex placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of one or more of the following : ### member states shall ensure that each single - use plastic product listed in part d of the annex placed on the market bears a conspicuous , clearly legible and indelible marking informing consumers of the following :


### reflecting the importance of tackling climate change in line with the union commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should contribute to mainstream climate action in the union policies and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under this regulation are expected to contribute 25% of its overall financial envelope to climate objectives . relevant actions will be identified during the implementation of this regulation , and the overall contribution from this regulation should be part of relevant evaluations and review processes . ### reflecting the importance of tackling climate change , promoting environmental sustainability in line with article 11 of the teu and with the union commitments to implement the paris agreement and the united nations sustainable development goals , this regulation should mainstream climate action and the environment in the union policies and contribute to the achievement of an overall target of 50 % of the union budget expenditures supporting climate and environment related objectives . actions under this regulation are expected to contribute 45% of its overall financial envelope to climate and environment related objectives . this includes a target of 10% of the overall envelope of the regulation dedicated to biodiversity . relevant actions will be identified during the implementation of this regulation , and the overall contribution from this regulation should be part of relevant evaluations and review processes . union action in this area should favour the adherence to the paris agreement and the rio conventions .


### the general objective of this regulation is to uphold and promote the union ' s values and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union . ### the general objective of this regulation is to uphold and promote the union ' s values , principles , and interests worldwide in order to pursue the objectives and principles of the union ' s external action , as laid down in article 3 , articles 8 and 21 of the treaty on european union , as well as article 208 and 11 of the tfeu .


### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic resilience in partner countries with a particular focus on the , eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , micro , small and medium - sized enterprises as well as addressing specific socioeconomic root causes of irregular migration , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries . ### the purpose of the efsd + as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in article 23 , , and , shall be to support investments and increase access to financing , in order to foster sustainable and inclusive economic and social development and promote the socio - economic and environmental resilience in partner countries with a particular focus on climate change adaptation and mitigation , the eradication of poverty , sustainable and inclusive growth , the creation of decent jobs , economic opportunities , skills and entrepreneurship , socioeconomic sectors , cooperatives , micro , small and medium - sized enterprises , in accordance with the relevant indicative programming documents . special attention shall be given to countries identified as experiencing fragility or conflict , least developed countries and heavily indebted poor countries , preference shall be given to local economic actors ; efsd + shall not be used to replace government responsibility for providing essential public services .


### eligible counterparts shall comply with the rules and conditions provided for in article 62 of the financial regulation . in the case of bodies governed by the private law of a member state or a third country which have contributed to the external action guarantee in accordance with article 28 of this regulation , preference shall be given to those bodies that disclose information related to environment , social and corporate governance criteria . ### eligible counterparts shall comply with the rules and conditions provided for in article 62 of the financial regulation . in the case of bodies governed by the private law of a member state or a third country , preference shall be given to those bodies that disclose information related to environment , social and corporate governance criteria .


### at the request of the member states , their contributions may be earmarked for the initiation of actions in specific regions , countries , sectors or existing investment windows . ### at the request of the member states , their contributions may be considered for earmarking for the initiation of actions in specific regions , countries , sectors or existing investment windows .


### 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 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 and the united nations convention on the rights of persons with disabilities .


### air , bus , rail and waterborne passenger transport services ; ### air , bus , rail and waterborne passenger transport , mobility and the intermodal connection services provided in relation thereto , including public urban transport such as underground , rail , tramway , trolleybus and bus systems , as regards : self - service terminals , ticketing machines and check - in machines , with at least one easily accessible machine operating in each station area ; websites , mobile device - based services , smart ticketing and real - time information ; the built environment , if financially possible ; member states shall ensure that , within their territory , fleets of taxis and hire cars include an adequate proportion of adapted vehicles .


### tender procedures for public passenger transport services by rail and by road under regulation no 1370 / 2007 of the european parliament and of the council . 45 __________________ 45 regulation no 1370 / 2007 of the european parliament and of the council of 23 october 2007 on public passenger transport services by rail and by road and repealing council regulations 1191 / 69 and 1107 / 70 . ### tender procedures for new contracts , including the direct award of public service contracts , in respect of public passenger transport services by rail and by road under regulation no 1370 / 2007 of the european parliament and of the council . 45 __________________ 45 regulation no 1370 / 2007 of the european parliament and of the council of 23 october 2007 on public passenger transport services by rail and by road and repealing council regulations 1191 / 69 and 1107 / 70 .


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


### “persons with functional limitations” means persons who have any physical , mental , intellectual or sensory impairment , age related impairment , or other human body performance related causes , permanent or temporary , which in interaction with various barriers result in their reduced access to products and services , leading to a situation that requires adaptation to their particular needs of those products and services ; ### “persons with functional limitations” means persons who have any physical , mental , intellectual or sensory impairment , reduced mobility , age related impairment , or other human body performance related causes , permanent or temporary , which in interaction with various barriers result in their reduced access to products and services , leading to a situation that requires adaptation to their particular needs of those products and services ;


### 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 , 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 , mobility and tourism services shall comply with the corresponding requirements set out in section v of annex i .


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


### when establishing the accessibility requirements related to social and quality criteria established by competent authorities in tender procedures for public passenger transport services by rail and by road under regulation no 1370 / 2007 ; ### when establishing the barrier - free accessibility requirements related to social and quality criteria established by competent authorities in tender procedures for public passenger transport services by rail and by road under regulation no 1370 / 2007 ;


### they shall apply those provisions from [ … insert date - six years after the entry into force of this directive ] . ### they shall apply those provisions from [ … insert date - four years after the entry into force of this directive ] , save as regards the provisions relating to the built environment and to transport vehicles , which shall be applied by them , where financially possible , from [ . . . insert date : six years after the entry into force of this directive ] .


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


### the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . ### the digital and electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point .


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


### websites used for the provision of passenger transport services : ### websites used for the provision of passenger transport , mobility and tourism services :


### self - service terminals , ticketing machines and check - in machines used for provision of passenger transport services : ### self - service terminals , ticketing machines and check - in machines used for provision of passenger transport , mobility and tourism services :


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


### provide for modes of operation with limited reach and strength ; ### provide for intermodal and cross - border modes of operation with limited reach and strength ;


### 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 ;


### ‘ recreational fisheries’ means non - commercial fishing activities exploiting living aquatic resources ; ### ' recreational fisheries ' means non - commercial fishing activities exploiting marine living aquatic resources for recreation , tourism or sport ;


### ‘ marine region’ means a geographical area set out in article 4 of regulation no 1380 / 2013 , an area established by the regional fisheries management organisations or an area defined in the implementing act mentioned under the article 5 ; ### ‘ marine region’ means a geographical area set out in article 4 of regulation no 1380 / 2013 , or an area established by the regional fisheries management organisations ;


### the need to avoid duplication of data collection , ### the need to avoid unnecessary duplication of data collection ,


### data requirements to achieve the objectives of article 25 of regulation no 1380 / 2013 ; ### a detailed list of the data requirements to achieve the objectives of article 25 of regulation no 1380 / 2013 ;


### thresholds below which member states do not need to collect data or carry out research surveys , based on their fishing activities . ### thresholds below which it is not mandatory for member states to collect data or carry out research surveys , based on their fishing activities .


### information needs for the evaluation of management plans , including the monitoring of ecosystem variables ; ### information needs for the evaluation of conservation measures as referred to in article 7 of regulation no 1380 / 2013 , including the monitoring of ecosystem variables ;


### avoidance of duplication between surveys ; and ### avoidance of duplication between research surveys ; and


### without prejudice to their current data collection obligations under union law , member states shall collect data within the framework of an operational programme , as referred to in article 18 of regulation no 508 / 2014 , and a work plan drawn up in accordance with the multi - annual union programme and pursuant to article 21 of regulation no 508 / 2014 . ### without prejudice to their current data collection obligations under union law , member states shall collect data within the framework of an operational programme , as referred to in article 18 of regulation no 508 / 2014 , and a work plan drawn up in accordance with the multi - annual union programme and pursuant to article 21 of regulation no 508 / 2014 by 31 october of the year preceding the year from which the work plan is to apply , unless an existing plan still applies , in which case they shall notify the commission thereof .


### how and when the data are needed ; ### in what format data have to be delivered to end users and when , taking into consideration deadlines provided for data calls ;


### in preparing its work plan , each member state shall coordinate its efforts with other member states , notably in the same marine region , to ensure sufficient and efficient coverage and avoid duplication of data collection activities . ### in preparing its work plan , each member state shall coordinate its efforts with other member states , notably in the same marine region , to ensure sufficient and efficient coverage and avoid unnecessary duplication of data collection activities . data collection activities and methods shall ensure that it is possible for data to be compared and integrated at least at regional level ;


### regional co - ordination groups shall consist of experts from member states , the commission , and relevant end - users of data . ### regional co - ordination groups shall consist of the national correspondents , experts nominated by member states , experts from the commission , and relevant end - users of data .


### regional co - ordination groups may prepare joint recommendations in the form of a draft of a regional work plan regarding procedures , methods , quality assurance and quality control for collecting and processing of data as referred to in paragraph 2 and and paragraph 4 of article 5 , and regionally coordinated sampling strategies . in doing so , the regional co - ordination groups shall take into account the opinion of stecf when relevant . those recommendations shall be submitted to the commission , which shall verify whether the draft joint recommendations are compatible with the provisions of this regulation and with the union ' s multiannual programme and , if so , approve the regional work plan by way of implementing acts . ### regional co - ordination groups may prepare joint recommendations in the form of a draft of a regional work plan regarding procedures , methods , quality assurance and quality control for collecting and processing of data as referred to in paragraph 2 and and paragraph 4 of article 5 , regionally coordinated sampling strategies and the relevant contribution by member state to scientific surveys . in doing so , the regional co - ordination groups shall take into account the opinion of stecf when relevant . those recommendations shall be submitted to the commission , which shall verify whether the draft joint recommendations are compatible with the provisions of this regulation and with the union ' s multiannual programme and , if so , approve the regional work plan by way of implementing acts .


### the commission may adopt implementing acts laying down detailed rules on the following : ### the commission may adopt delegated acts laying down detailed rules on the following :


### for the purpose of the verification of the existence of the primary data collected in accordance with article 6 , other than socio - economic data , member states shall ensure that the commission has access to the national computerised databases referred to in article 12 . ### for the purpose of the verification of the existence of the primary data collected and its quality in accordance with article 6 , other than socio - economic data , member states shall ensure that the commission has access to the national computerised databases referred to in article 12 .


### member states shall conclude agreements with the commission to ensure effective and unhindered access for the commission to their national computerised databases referred to in paragraph 1 and 2 , without prejudice to the obligations established by other union rules . ### member states ensure effective and unhindered access for the commission to their national computerised databases referred to in paragraph 1 and 2 , without prejudice to the obligations established by other union rules . the commission may adopt implementing acts to define , together with member states , specific requirements to ensure that access . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 24 .


### member states shall set up adequate processes and electronic technologies to ensure an effective application of article 25 of regulation no 1380 / 2013 , and shall refrain from any unnecessary restrictions to the widest possible dissemination of detailed and aggregated data . ### member states shall set up adequate processes and electronic technologies to ensure an effective application of article 25 of regulation no 1380 / 2013 , and shall aim for the widest possible dissemination of detailed and aggregated data , with no unnecessary restrictions .


### where detailed data are requested for scientific publication , member states may , in order to protect the professional interests of data collectors , require that the publication of data be delayed by 3 years from the date to which the data refer . member states shall inform the end - users and the commission of any such decision and of the reasons therefor . ### where detailed data are foreseen for peer - reviewed scientific publication by the data collector , member states may , in order to protect the professional interests of data collectors , require that the publication of data be delayed by 3 years from the date to which the data refer . member states shall inform the end - users and the commission of any such decision and of the reasons therefor .


### five years after the entering into force of this regulation , the commission shall submit to the european parliament and the council a report on the implementation and functioning of this regulation . ### three years after the entry into force of this regulation , the commission shall submit to the european parliament and the council a report on the implementation and functioning of this regulation .


### the power to adopt delegated acts referred to in articles 4 , 16 and 17 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt delegated acts referred to in articles 4 , 11 , 16 and 17 shall be conferred on the commission for a period of five years .


### the delegation of power referred to in articles 4 , 16 and 17 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the powers specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . ### the delegation of power referred to in articles 4 , 11 , 16 and 17 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the powers specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force .


### a delegated act adopted pursuant to articles 4 , 16 and 17 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to articles 4 , 11 , 16 and 17 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union . in particular this regulation seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the charter ' s articles relating to human dignity , respect for private and family life , freedom of expression and information , right to education , freedom to choose an occupation and right to engage in work , freedom to conduct a business , right to asylum , non - discrimination , rights of the child , social security and social assistance , health care , and should therefore be implemented accordingly . ### 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 human dignity and the right to asylum of applicants for asylum and their accompanying family members and to promote the application of the charter ' s articles relating to human dignity , respect for private and family life , freedom of expression and information , right to education , freedom to choose an occupation and right to engage in work , freedom to conduct a business , right to asylum , non - discrimination , rights of the child , social security and social assistance , health care , and should therefore be implemented accordingly .


### the resources of the asylum , migration and refugee fund should be used to provide adequate support to member states’ efforts in implementing the standards set by the regulation , in particular to those member states which are faced with specific and disproportionate pressure on their asylum systems , due in particular to their geographical or demographic situation . ### the resources of the asylum , migration and integration fund should be used to provide adequate support to member states’ efforts in implementing the high standards set by the directive , in particular in relation to promoting long - term integration of beneficiaries of international protection and to provide support to those member states which are facing challenges in ensuring high standards as part of their asylum systems , due in particular to their geographical or demographic situation . to that end , adequate funding should be made available to local and regional authorities and international and civil society organisations , including through the possibility for local and regional authorities to directly access the asylum migration and integration fund .


### when applying this regulation the ‘ best interests of the child’ should be a primary consideration , in line with the 1989 united nations convention on the rights of the child . in assessing the best interests of the child , member states ' authorities should in particular take due account of the principle of family unity , the minor’s well - being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity . ### when applying this directive the ‘ best interests of the child’ should be a primary consideration , in line with the 1989 united nations convention on the rights of the child . in assessing the best interests of the child , member states ' authorities should in particular take due account of the principle of family unity , the minor’s well - being and social development , safety and security considerations and the views of the minor in accordance with his or her age and maturity .


### protection can be provided , where they are willing and able to offer protection , either by the state or by parties or organisations , including international organisations , meeting the conditions set out in this directive , which control a region or a larger area within the territory of the state . such protection should be effective and of a non - temporary nature . ### protection can only be provided by a state , where its authorities are willing and able to offer protection . such protection should be effective and of a non - temporary nature .


### as regards the required proof in relation to the existence of a serious and individual threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 , determining authorities should not require the applicant to adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious and individual threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a high level that there are substantial grounds for believing that a civilian , returned to the country or origin or to the relevant part of country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . _________________ 36 c - 465 / 07 . ### as regards the required proof in relation to the existence of a serious threat to the life or person of an applicant , in accordance with relevant case law of the court of justice of the european union36 and the european court of human rights , the required level of harm need not be equivalent to torture or inhuman or degrading treatment or punishment . however , the level of indiscriminate violence required to substantiate the application is lower if the applicant is able to show that he is specifically affected by reason of factors particular to his personal circumstance . moreover , the existence of a serious threat should exceptionally be established by the determining authorities solely on account of the presence of the applicant on the territory or relevant part of the territory of the country of origin provided the degree of indiscriminate violence characterising the armed conflict taking place reaches such a level that there are substantial grounds for believing that a civilian , returned to the country or origin or to the relevant part of country of origin , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to the serious threat . while the union currently has no agreed legal definition of an environmentally displaced person , this does not preclude member states providing protection to such persons under national law . _________________ 36 c - 465 / 07 .


### the residence permit and the travel documents issued to beneficiaries of international protection for the first time or renewed following the entry into force of this regulation should comply with the rules laid down by regulation no 1030 / 2002 and council regulation no 2252 / 2004 respectively . ### the residence permit and the travel documents issued to beneficiaries of international protection for the first time or renewed following the entry into force of this directive should comply with the rules laid down by regulation no 1030 / 2002 and council regulation no 2252 / 2004 respectively .


### family members , due to their close relationship to the refugee , will normally be vulnerable to acts of persecution in such a manner that could be the basis for international protection . provided they do not qualify for international protection , for the purpose of maintaining family unity , they shall be entitled to claim a residence permit and the same rights accorded to beneficiaries of international protection . without prejudice to the provisions related to maintaining family unity in this regulation , where the situation falls within the scope of directive 2003 / 86 / ec on the right to family reunification and the conditions for reunification set out thereof are fulfilled , family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that directive . this regulation shall be applied without prejudice to directive 2004 / 38 / ec . ### family members , due to their close relationship to the beneficiary of international protection , will normally be vulnerable to acts of persecution in such a manner that could be the basis for international protection . provided they do not qualify for international protection , for the purpose of maintaining family unity , they shall be entitled to claim a residence permit and the same rights accorded to beneficiaries of international protection . without prejudice to the provisions related to maintaining family unity in this directive , where the situation falls within the scope of directive 2003 / 86 / ec on the right to family reunification and the conditions for reunification set out thereof are fulfilled , family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that directive . this directive shall be applied without prejudice to directive 2004 / 38 / ec .


### when assessing a change of circumstances in the third country concerned , the competent authorities of the member states shall verify , having regard to the refugee’s individual situation , that the actor or actors of protection in that country have taken reasonable steps to prevent the persecution , that they therefore operate , inter alia , an effective legal system for the detection , prosecution and punishment of acts constituting persecution and that the national concerned will have access to such protection if the refugee status ceases to exist . ### when assessing a change of circumstances in the third country concerned , the competent authorities of the member states shall verify , having regard to the individual situation of the beneficiary of international protection , that the actor or actors of protection in that country have taken necessary steps to prevent the persecution , that they therefore operate , inter alia , an effective legal system for the detection , prosecution and punishment of acts constituting persecution and that the national concerned will have access to such protection , can safely gain admittance to the country and can reasonably be expected to settle there if the refugee status ceases to exist .


### in order to enhance the effective exercise of the rights and benefits laid down in this regulation by beneficiaries of international protection , it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted , and facilitate their access to integration related rights in particular as regards employment - related educational opportunities and vocational training and access to recognition procedures for foreign diplomas , certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures . ### in order to enhance the effective exercise of the rights and benefits laid down in this directive by beneficiaries of international protection , it is necessary to take into account their specific needs and the particular integration challenges with which they are confronted , and facilitate their access to integration related rights in particular as regards employment - related educational opportunities and vocational training and access to recognition procedures for foreign diplomas , certificates and other evidence of formal qualifications in particular due to the lack of documentary evidence and their inability to meet the costs related to the recognition procedures .


### in order to ensure uniform conditions for the implementation of the provisions of this regulation in respect of the form and content of the information to be provided , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers42 . _________________ 42 oj l 55 , 28 . 2 . 2011 , p . 13 . ### in order to ensure uniform conditions for the implementation of the provisions of this directive in respect of the form and content of the information to be provided , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers42 . _________________ 42 oj l 55 , 28 . 2 . 2011 , p . 13 .


### ‘ refugee’ means a third - country national who , owing to a well - founded fear of being persecuted for reasons of race , religion , nationality , political opinion or membership of a particular social group , is outside the country of nationality and is unable or , owing to such fear , is unwilling to avail himself or herself of the protection of that country , or a stateless person , who , being outside of the country of former habitual residence for the same reasons as mentioned , is unable or , owing to such fear , unwilling to return to it , and to whom article 12 does not apply ; ### ‘ refugee’ means a third - country national who , owing to a well - founded fear of being persecuted for reasons of race , religion , nationality , political opinion , gender , sexual orientation , gender identity , disability or membership of a particular social group , is outside the country of nationality and is unable or , owing to such fear , is unwilling to avail himself or herself of the protection of that country , or a stateless person , who , being outside of the country of former habitual residence for the same reasons as mentioned , is unable or , owing to such fear , unwilling to return to it , and to whom article 12 does not apply ;


### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken on a previous application , including where the applicant has explicitly withdrawn his or her application or where the determining authority has rejected an application as abandoned following its implicit withdrawal ; ### ' subsequent application ' means a further application for international protection made in any member state after a final decision has been taken on a previous application , including where the applicant has explicitly withdrawn his or her application ;


### ‘ determining authority’ means any quasi - judicial or administrative body in a member state responsible for examining applications for international protection and competent to take decisions at first instance in such cases ; ### ‘ determining authority’ means any judicial , quasi - judicial or administrative body in a member state responsible for examining applications for international protection and competent to take decisions at first instance in such cases ;


### ' guardian ' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary . ### ' guardian ' means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this directive with a view to safeguarding the best interests of the child and his or her general well - being and exercising legal capacity for the minor where necessary .


### where aspects of the applicant’s statements are not supported by documentary or other evidence , no additional evidence shall be required in respect of those aspects where the following conditions are met : ### where aspects of the applicant’s statements are not supported by documentary or other evidence , no additional evidence shall be required in respect of those aspects and the applicant shall be granted the benefit of the doubt where the following conditions are met :


### all relevant elements at the applicant’s disposal have been submitted , and a satisfactory explanation has been given regarding any lack of other relevant elements ; ### all relevant elements at the applicant’s disposal have been submitted ;


### it is sufficiently serious by its nature or repetition as to constitute a severe violation of basic human rights , in particular the rights from which derogation cannot be made under article 15 of the european convention for the protection of human rights and fundamental freedoms ; or ### it is sufficiently serious by its nature or repetition as to constitute a severe violation of human rights , in particular the rights from which derogation cannot be made under article 15 of the european convention for the protection of human rights and fundamental freedoms ; or


### his or her misrepresentation or omission of facts , including the use of false documents , was decisive for the granting of refugee status ; ### his or her misrepresentation or omission of facts relevant to the merits of the application for international protection , was decisive for the granting of refugee status ;


### his or her misrepresentation or omission of facts , including the use of false documents , was decisive for the granting of subsidiary protection status ; ### his or her misrepresentation or omission of facts relevant to the merits of the application for international protection was decisive for the granting of subsidiary protection status ;


### where reasons of national security or public order so require . ### where compelling reasons of national security so require .


### in centres specialised in accommodation for minors ; ### in open centres specialised in accommodation for minors , which take account of their vulnerability and ensures their safety ;


### spectrum in the 470 - 790 mhz frequency band is a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences . ### spectrum is a public good . it is , in the 470 - 790 mhz frequency band , a valuable asset for the cost - efficient deployment of wireless networks with universal indoor and outdoor coverage . this spectrum is currently used across the union for digital terrestrial television and wireless audio pmse equipment . it supports the development of the media , creative and cultural sectors , which extensively rely on this spectrum resource for the wireless provision of content to mass audiences .


### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to sustain the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change . ### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to increase the current level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 , in accordance with the commitment taken as part of its climate strategy . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change .


### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to sustain the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change . ### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to increase the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 40 % by 2020 . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change .


### ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , including for gas production and transportation to union energy market , as well as electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . ' ### paragraph 6 is replaced by the following : ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , including for electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . eib financing operations shall not contribute to new coal - fired energy generation nor increase coal - dependency . '


### ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , including for gas production and transportation to union energy market , as well as electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . ' ### in article 3 , paragraph 6 is replaced by the following : ' 6 . eib financing operations supporting the general objective set out in point of paragraph 1 shall support investment projects predominantly in the areas of transport , energy , environmental infrastructure , information and communication technology , health and education . this includes production and integration of energy from renewable sources , energy efficiency measures , energy systems transformation enabling a switch to lower carbon intensive technologies and fuels , sustainable energy security and energy infrastructure , as well as electrification of rural areas , environmental infrastructure such as water and sanitation and green infrastructure , telecommunications and broadband network infrastructure . '


### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects in climate change mitigation and adaptation that contribute to the overall objectives of the united nations framework convention on climate change and of the paris agreement adopted under that convention , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . ### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects in climate change mitigation and adaptation that contribute to the overall objectives of the united nations framework convention on climate change and of the paris agreement adopted under that convention , in particular by avoiding or reducing greenhouse gas emissions and reducing the carbon footprint in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities .


### over the period covered by this decision , the eib should endeavour to sustain the current high level of climate - relevant operations , while the minimum volume of those operations shall represent at least 25 % of the total eib financing operations . ### over the period covered by this decision , the eib shall increase the current level of climate - relevant operations , while the minimum volume of those operations shall represent at least 40 % of the total eib financing operations .


### ' 9 . the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out . ' ### paragraph 9 shall be replaced by the following : ' 9 . the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out . legal conditions under which operations are to be carried out shall also include environmental , social and human rights and labour standards . '


### ' 1 . in accordance with its own transparency policy and union principles on access to documents and information , and progressively with international aid transparency initiative standards , the eib shall make publicly available on its website information relating to : ' ### in article 12 , the introductory wording shall be replaced by the following : ' 1 . in accordance with its own transparency policy and union law on access to documents and information , and progressively with international aid transparency initiative standards , the eib shall make publicly available on its website information relating to : '


### however , the right of the accused person to be present at the trial is not absolute . under certain conditions the accused person may , expressly or tacitly but unequivocally , waive that right . ### however , the right of the accused person to be present at the trial is not absolute . under certain conditions the accused person may expressly and unequivocally waive that right .


### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . an effective remedy available in the event of a breach of any of the principles laid down in this directive should have , as far as possible , the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred . ### the principle of effectiveness of union law requires that member states put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by union law . an effective remedy available in the event of a breach of any of the principles laid down in this directive should both consist of an appropriate damage compensation mechanism and have the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred .


### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court . ### member states shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution . this is without prejudice to any ex officio fact finding powers of the trial court and to the right of the defence to present evidence in accordance with the applicable national rules .


### right to be present at one ' s trial ### right to be present at one ' s trial and in absentia decisions


### the remedy shall have , as far as possible , the effect of placing suspects or accused persons in the same position in which they would have found themselves had the breach not occurred , with a view to preserving the right to a fair trial and the right to defence . ### the remedy shall both consist of an appropriate damage compensation mechanism and have the effect of placing suspects or accused persons in the same position in which they would have found themselves had the breach not occurred , with a view to preserving the right to a fair trial and the right to defence .


### non - regression clause ### level of protection


### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . ### definitions need to be adjusted so as to conform to the principle of technology neutrality and to keep pace with technological development . technological and market evolution has brought networks to move to internet protocol technology , and enabled end - users to choose between a range of competing voice service providers . therefore , the term ' publicly available telephone service ' , exclusively used in directive 2002 / 22 / ec and widely perceived as referring to traditional analogue telephone services should be replaced by the more current and technological neutral term ' voice communications ' . conditions for the provision of a service should be separated from the actual definitional elements of a voice communications service , i . e . an electronic communications service made available to the public for originating and receiving , directly or indirectly , national or national and international calls through a number or numbers in a national or international telephone numbering plan , whether such a service is based on circuit switching or packet switching technology . it is the nature of such a service that it is bidirectional , enabling both the parties to communicate . a service which does not fulfil all these conditions , such as for example a ‘ click - through’ application on a customer service website , is not such a service . voice communications services also include means of communication specifically intended for disabled end - users using text relay or total conversation services . for that purpose , interpersonal communications services definition need to be interpreted as including two - way communication services supporting voice , video and real - time text communication singly or in any combination , and through text relay and video relay services .


### standardisation should remain primarily a market - driven process . however there may still be situations where it is appropriate to require compliance with specified standards at union level to ensure interoperability in the single market . at national level , member states are subject to the provisions of directive 2015 / 1535 / eu . standardisation procedures under this directive are without prejudice to the provisions of the radio equipment directive 2014 / 53 / eu , the low voltage directive 2014 / 35 / eu and the electromagnetic compatibility directive 2014 / 30 / eu . ### standardisation should remain primarily a market - driven process . however there may still be situations where it is appropriate to require compliance with specified standards at union level to in order to improve interoperability , freedom of choice for users and encourage interconnectivity in the single market . at national level , member states are subject to the provisions of directive 2015 / 1535 / eu . standardisation procedures under this directive are without prejudice to the provisions of the radio equipment directive 2014 / 53 / eu , the low voltage directive 2014 / 35 / eu and the electromagnetic compatibility directive 2014 / 30 / eu .


### in case such interoperability issues arise , the commission may request a berec report which should provide a factual assessment of the market situation at the union and member states level . on the basis of the berec report and other available evidence and taking into account the effects on the internal market , the commission should decide whether there is a need for regulatory intervention by national regulatory authorities . if the commission considers that such regulatory intervention should be considered by national regulatory authorities , it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by nras , including in particular measures to impose the mandatory use of standards or specifications on all or specific providers . the terms ' european standards ' and ' international standards ' are defined in article 2 of regulation no 1025 / 2012 . 36 national regulatory authorities should assess , in the light of the specific national circumstances , whether any intervention is necessary and justified to ensure end - to - end - connectivity or access to emergency services , and if so , impose proportionate obligations in accordance with the commission implementing measures . __________________ 36 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council [ oj l 364 of 14 . 11 . 2012 , p . 12 ] ### in case such interoperability issues arise , the commission may request a berec report which should provide a factual assessment of the market situation at the union and member states level . on the basis of the berec report and other available evidence and taking into account the effects on the internal market , the commission should decide whether there is a need for regulatory intervention by national regulatory authorities . if the commission considers that such regulatory intervention should be considered by national regulatory authorities , it may adopt implementing measures specifying the nature and scope of possible regulatory interventions by nras , including in particular measures to impose the mandatory use of standards or specifications on all or specific providers . the terms ' european standards ' and ' international standards ' are defined in article 2 of regulation no 1025 / 2012 . 36national regulatory authorities should assess , in the light of the specific national circumstances , whether any intervention is necessary and justified to ensure end - to - end - connectivity or access to emergency services , and if so , impose proportionate obligations in accordance with the commission implementing measures and without additional requirements to it . __________________ 36 regulation no 1025 / 2012 of the european parliament and of the council of 25 october 2012 on european standardisation , amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 23 / ec and 2009 / 105 / ec of the european parliament and of the council and repealing council decision 87 / 95 / eec and decision no 1673 / 2006 / ec of the european parliament and of the council [ oj l 364 of 14 . 11 . 2012 , p . 12 ]


### while it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end - to - end connectivity or interoperability of services , it is however necessary to ensure that such obligations are imposed in conformity with the regulatory framework and , in particular , its notification procedures . ### while it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end - to - end connectivity or interoperability of services . such obligations must only be imposed where justified in order to secure the objectives of this directive , and where they are objectively justified , transparent , proportionate and non - discriminatory for the purpose of promoting efficiency , sustainable competition , efficient investment and innovation , giving the maximum benefit to end - users and imposed in conformity with the regulatory framework and , in particular , its notification procedures .


### universal service is a safety net to ensure that a set of minimum services is available to all end - users at an affordable price , where a risk of social exclusion arising from the lack of such access prevents citizens from full social and economic participation in society . ### universal service is a safety net to ensure that a set of minimum services is available to all consumers at an affordable price , where a risk of social exclusion arising from the lack of such access prevents citizens from full social and economic participation in society .


### member states should introduce measures to promote the creation of a market for affordable products and services incorporating facilities for disabled end - users , including equipment with assistive technologies . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for disabled end - users under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] . ### member states should introduce measures to promote the creation of a market for affordable products and services following a universal design approach and incorporating facilities for end - users with disabilities , including when necessary equipment with assistive technologies interoperable with publicly available electronic communication equipment and services . this can be achieved , inter alia , by referring to european standards , or by introducing requirements in accordance with directive xxx / yyyy / eu of the european parliament and of the council on the approximation of the laws , regulations and administrative provisions of the member states as regards the accessibility requirements for products and services38 member states should define appropriate measures according to national circumstances , which gives flexibility for member states to take specific measures for instance if the market is not delivering affordable products and services incorporating facilities for end - users with disabilities under normal economic conditions . __________________ 38 oj c [ … ] , [ … ] , p . [ … ] .


### member states should take specific measures to ensure that emergency services , including ‘ 112’ , are equally accessible to disabled end - users , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users . this could involve the provision of special terminal devices for hearing - impaired users , text relay services , or other specific equipment . ### member states should take specific measures to ensure that emergency services , including ' 112 ' , are equally accessible to end - users with disabilities , in particular deaf , hearing - impaired , speech - impaired and deaf - blind users through real - time text or the use of third party relay services interoperable with the telephony networks across the eu . this could also involve the provision of special terminal devices for people with disabilities when the abovementioned ways of communication are not suitable for them .


### on the other hand , it is to ensure the provision throughout the union of good - quality , affordable , publicly available services through effective competition and choice , to deal with circumstances in which the needs of end - users , including disabled users , are not satisfactorily met by the market and to lay down the necessary end - user rights . ### on the other hand , it is to ensure the provision throughout the union of good - quality , affordable , publicly available services through effective competition and choice , to deal with circumstances in which the needs of end - users , including users with disabilities in order to access the services on equal basis with others , are not satisfactorily met by the market and to lay down the necessary end - user rights .


### member states shall encourage the use of the standards and / or specifications referred to in paragraph 1 , for the provision of services , technical interfaces and / or network functions , to the extent strictly necessary to ensure interoperability of services and to improve freedom of choice for users . ### member states shall encourage the use of the standards and / or specifications referred to in paragraph 1 , for the provision of services , technical interfaces and / or network functions , to the extent strictly necessary to ensure interoperability and interconnectivity of services in order to improve freedom of choice for users and facilitate switching .


### the number of users affected by the breach ; ### the number of users affected by the incident ;


### the duration of the breach ; ### the duration of the incident ;


### the geographical spread of the area affected by the breach ; ### the geographical spread of the area affected by the incident ;


### the extent to which the functioning of the service is disrupted ; ### the extent to which the functioning of the network or service is affected ;


### where appropriate , the competent authority concerned shall inform the competent authorities in other member states and the european network and information security agency . the competent authority concerned may inform the public or require the undertakings to do so , where it determines that disclosure of the breach is in the public interest . ### where appropriate , the competent authority concerned shall inform the competent authorities in other member states and the european network and information security agency . the competent authority concerned may inform the public or require the providers to do so , where it determines that disclosure of the incident is in the public interest .


### where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks , any undertaking , public authority or end - user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to article 12 , to obligations regarding end - users rights pursuant to title iii of part iii of this directive nor to obligations to interconnect their networks pursuant to article 59 . ### where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks , any undertaking , public authority or user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to article 12 , to obligations regarding users rights pursuant to title iii of part iii of this directive , to obligations to interconnect their networks pursuant to article 59 nor to an obligation to identify third parties using such access . individuals providing such access not - for - profit shall not be liable for information transmitted by third parties over such access .


### any compensation and refund arrangements , which apply if contracted service quality levels are not met ; ### any compensation and refund arrangements , which apply if contracted service quality levels are not met or if a security incident takes place due to known software or hardware vulnerabilities for which patches have been issued by the manufacturer or developer and those have not been applied by the service providers ;


### if a bundle of services or a bundle of services and goods offered to an end - user comprises at least a publicly available electronic communications service other than number - independent interpersonal communications services , articles 95 , 96 , 98 and 99 shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end - user . ### a bundle of services or a bundle of services and goods offered to a consumer shall not prevent that consumer from obtaining separately all elements of the bundle under the same conditions except where the provisions applicable to another element of the bundle are more favourable to the end - user . articles 95 , 96 , 98 and 99 shall apply mutatis mutandis without impeding on the scope of this article .


### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , are able to access the emergency services through emergency communications free of charge and without having to use any means of payment , by using the single european emergency number ' 112 ' and any national emergency number specified by member states . ### member states shall ensure that all end - users of the service referred to in paragraph 2 , including users of public pay telephones , relay services and total conversation services , are able to access the emergency services through emergency communications free of charge and without having to use any means of payment , pre - registration or pre - installation , by using the single european emergency number ' 112 ' and any national emergency number specified by member states .


### member states shall ensure that access for disabled end - users to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users . measures taken to ensure that disabled end - users are able to access emergency services through emergency communications whilst travelling in other member states shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article . ### member states shall ensure that access for end - users with disabilities to emergency services is available through emergency communications and equivalent to that enjoyed by other end - users , including through total conversation services and available third party relay services . the commission and the national regulatory and other competent authorities shall take appropriate measures to ensure that end - users with disabilities can access emergency services on equal basis with others , whilst travelling in other member state , in particular through the use of total conversation services and available relay services . these measures shall ensure interoperability across the member states and shall be based to the greatest extent possible on european standards or specifications published in accordance with the provisions of article 39 , and they shall not prevent member states from adopting additional requirements in order to pursue the objectives set out in this article .


### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for disabled end - users and routing to the most appropriate psap . ### in order to ensure effective access to emergency services through emergency communications to ‘ 112’ services in the member states , the commission shall be empowered to adopt delegated acts in accordance with article 109 on the measures necessary to ensure the compatibility , interoperability , quality , reliability and continuity of emergency communications in the union with regard to caller location solutions , access for end - users , accessibility for persons with disabilities , and routing to the most appropriate psap .


### a hit indicated by the ecris - tcn system should not automatically mean that the third country national concerned was convicted in the indicated member state , nor that the indicated member state hold criminal record information on that third country national . the existence of previous convictions should only be confirmed based on information received from the criminal records of the member states concerned . ### a hit indicated by the ecris - tcn system should not automatically mean that the third country national concerned was convicted in the indicated member state . the existence of previous convictions should only be confirmed based on information received from the criminal records of the member states concerned .


### fingerprint data in accordance with framework decision 2009 / 315 / jha31 and with the specifications for the resolution and use of fingerprints referred to in point of article 10 ; the reference number of the fingerprint data of the convicted person including the code of the convicting member state . _________________ 31 as amended by directive of the european parliament and the council amending council framework decision 2009 / 315 / jha , as regards the exchange of information on third country nationals and as regards the european criminal records information system , and replacing council decision 2009 / 316 / jha . ### fingerprint data , only when the national law of a member state where a conviction is handed down allows for collection and storage of fingerprints of a convicted person , and in accordance with framework decision 2009 / 315 / jha31 and with the specifications for the resolution and use of fingerprints referred to in point of article 10 ; the reference number of the fingerprint data of the convicted person including the code of the convicting member state . _________________ 31 as amended by directive of the european parliament and the council amending council framework decision 2009 / 315 / jha , as regards the exchange of information on third country nationals and as regards the european criminal records information system , and replacing council decision 2009 / 316 / jha .


### the commission shall adopt the acts necessary for the development and technical implementation of the ecris - tcn system , and in particular rules on : ### the commission shall adopt , before&#160 ; [ two years after the entry into force of this regulation ] , &#160 ; the acts necessary for the development and technical implementation of the ecris - tcn system , and in particular rules on :


### each member state shall give the staff of its authorities which have a right to access the ecris - tcn system appropriate training , in particular on data security and data protection rules and on relevant fundamental rights , before authorising them to process data stored in the central system . ### each member state shall give the staff of its authorities which have a right to access the ecris - tcn system appropriate training , in particular on data security and data protection rules and on fundamental rights , before authorising them to process data stored in the central system .


### third countries and international organisations may address their requests for information on previous convictions of third country nationals to eurojust . ### third countries and international organisations may address their requests for information on previous convictions of third country nationals to eurojust for the same purposes as for which member states ' authorities have access to ecris - tcn system pursuant to points 1 and 1a of article 7 .


### when eurojust receives a request as referred to in paragraph 1 , it shall use the ecris - tcn system to determine which member state hold information on the third country national concerned , and shall , in cases where member state are identified , transmit the request immediately to the central authorities of those member state . the member states concerned shall be responsible for further dealing with such requests in accordance with their national law . ### when eurojust receives a request as referred to in paragraph 1 , it shall use the ecris - tcn system to determine which member state hold information on the third country national concerned , and shall , in cases where member state are identified , transmit the request immediately to the central authorities of those member state . the member states concerned shall be responsible for further dealing with such requests in accordance with their national law . eurojust shall send an acknowledgement of receipt to the third country or international organisation requesting the information as referred to in paragraph 1 .


### eurojust shall have direct access to the ecris - tcn system for the purpose of the implementation of article 14 , as well as for fulfilling its statutory tasks . ### eurojust shall have direct access to the ecris - tcn system for the purpose of the implementation of article 14 , as well as for the purpose of the prevention , detection , investigation and prosecution of criminal offences when fulfilling its statutory tasks .


### europol [ and the european public prosecutor ' s office ] shall have direct access to the ecris - tcn system for the purpose of fulfilling their statutory tasks . ### europol [ and the european public prosecutor ' s office ] shall have direct access to the ecris - tcn system for the purpose of the prevention , detection , investigation and prosecution of criminal offences when fulfilling their statutory tasks .


### following a hit indicating the member state holding criminal records information on a third country national , eurojust , europol [ , and the european public prosecutor ' s office ] may use their contacts with the national authorities of those member states established in accordance with their respective constituting legal instruments to request the conviction information . ### following a hit indicating the member state holding criminal records information on a third country national , eurojust , europol [ , and the european public prosecutor ' s office ] may use their contacts with the national authorities of those member states established in accordance with their respective constituting legal instruments to request the conviction information . the european public prosecutor ' s office shall not be refused access to such conviction information on the mere ground that the refusing member state is not part of the enhanced cooperation procedure establishing the european public prosecutor ' s office .


### in the event that data recorded in the ecris - tcn system are factually inaccurate or have been recorded unlawfully , the convicting member state shall correct or delete the data in accordance with article 9 . the convicting member state or , where applicable , the member state to which the request has been made shall confirm in writing to the person concerned without delay that action has been taken to correct or delete data relating to that person . ### in the event that data recorded in the ecris - tcn system are factually inaccurate or have been recorded unlawfully , the convicting member state shall correct or delete the data in accordance with article 9 . the convicting member state shall confirm in writing to the person concerned without delay that action has been taken to correct or delete data relating to that person . if the request was made to a member state other than the convicting member state , that written confirmation shall specify the reasons for which the request was handled by the convicting member state .


### if the member state to which the request has been made does not agree that data recorded in the ecris - tcn system are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him . ### if the convicting member state does not agree that data recorded in the ecris - tcn system are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him .


### whenever a person requests data relating to him - or herself in accordance with paragraph 2 , the central authority shall keep a record in the form of a written document that such a request was made and how it was addressed and by which authority and shall make that document available to the supervisory authorities without delay . ### whenever a person requests data relating to him - or herself in accordance with paragraph 2 , the central authority shall keep a record in the form of a written document that such a request was made and how it was addressed and by which authority and shall make that document available to the supervisory authorities without delay . that record shall be deleted after three years .


### in each member state any person shall have the right to bring an action or a complaint in the member state which refused the right of access to or the right of correction or deletion of data relating to him or her , provided for in article 23 . ### in accordance with chapter viii of directive 2016 / 680 , in each member state any person shall have the right to bring an action before a court and the right to bring a complaint in the member state which refused the right of access to or the right of correction or deletion of data relating to him or her , provided for in article 23 .