### the exception should allow authorised entities to make and disseminate online and offline within the union accessible format copies of works or other subject - matter covered by this directive . ### the exception will allow authorised entities to make and disseminate online and offline within the union accessible format copies of current works , archived material or other subject - matter covered by this directive .


### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states should not be allowed to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies . ### in view of the specific nature of the exception , its targeted scope and the need for legal certainty for its beneficiaries , member states will not be permitted to impose additional requirements for the application of the exception , such as compensation schemes or the prior verification of the commercial availability of accessible format copies .


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


### the commission will monitor the effect of this directive . as part of this , it will assess the situation regarding the availability in accessible formats of works and other subject - matter other than those covered by this directive , as well as the availability of works and other subject - matter in accessible formats for persons with other disabilities . the commission will review the situation closely . changes to the scope of this directive may be considered , if necessary . ### the commission will monitor the effect of this directive . as part of this , it will assess the situation regarding the availability in accessible formats of works and other subject - matter other than those covered by this directive , as well as the availability of works and other subject - matter in accessible formats for persons with other impairments . the commission will review the situation closely . changes to the scope of this directive may be considered , if necessary .


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


### ' work and other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio forms such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work and other subject matter ' means a work in both tangible and digital format , such as a book , journal , newspaper , magazine , e - book , or other types of written or illustrated material , including sheet music as well as in audio format such as audio - books , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available through any media , including the digital format and the online environment .


### ' work and other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio forms such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work and other subject - matter ' means a literary , academic or artistic work in the form of text , notation and / or related illustrations , including sheet music , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available in books , e - books , journals , newspapers , magazines or other writing , and in any media form , including in audio form , such as audiobooks and radio broadcasts .


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


### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with framework decision 2008 / 977 / jha . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country . ### transfers of pnr data by member states to third countries should be permitted only on a case - by - case basis and in compliance with framework decision 2008 / 977 / jha . to ensure the protection of personal data , such transfers should be subject to additional requirements relating to the purpose of the transfer , the quality of the receiving authority and the safeguards applicable to the personal data transferred to the third country . the transfer of the said data to any other country should only be allowed when authorised by the original member state and on a case - by - case basis .


### the pnr data collected in accordance with this directive may be processed only for the following purposes : ### the pnr data collected in accordance with this directive may be processed only by the member state ' s competent authority , and only for the following purposes :


### ' air carrier ' means an air transport undertaking with a valid operating licence or equivalent permitting it to carry out carriage by air of passengers ; ### ' air carrier ' means an air transport undertaking with a valid operating licence or equivalent ;


### ’international flight’ means any scheduled or non - scheduled flight by an air carrier planned to land on the territory of a member state originating in a third country or to depart from the territory of a member state with a final destination in a third country , including in both cases any transfer or transit flights ; ### ’international flight’ means any scheduled or non - scheduled flight by an air carrier planned to land on the territory of a member state originating in a third country or to depart from the territory of a member state with a final destination in a third country , including chartered flights , private planes , privately freighted flights , as well as any transit flights where passengers disembark ;


### ’push method’ means the method whereby air carriers transfer the required pnr data into the database of the authority requesting them ; ### ’push method’ means the method whereby air carriers transfer the pnr data into the database of the authority requesting them ;


### ‘ terrorist offences’ means the offences under national law referred to in articles 1 to 4 of council framework decision 2002 / 475 / jha ; ### ‘ terrorist offences’ means the offences under national law referred to in articles 1 to 4 of council framework decision 2002 / 475 / jha , including individuals who may be travelling for the purpose of the perpetration , planning , or preparation of , or participation in , terrorist acts , or the providing or receiving of terrorist training ;


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


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


### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive . ### member states shall ensure , in conformity with their national law , that dissuasive , effective and proportionate penalties , including financial penalties , are provided for against air carriers which do not transmit the data required under this directive , to the extent that they are already collected by the them , or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this directive . where there are repeated serious infringements which might undermine the basic objectives of this directive , these penalties may include , in exceptional cases , measures such as the immobilisation , seizure and confiscation of the means of transport .


### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . furthermore , the tasks of the head of the esrb secretariat should be clarified . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board . ### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . similarly , the independence of the head of the secretariat and commitment to acting without taking instructions from public or private organisations should be guaranteed . the general board should inform the european parliament and the council about the assessment procedure . furthermore , to prevent work being carried out twice , the tasks of the head of the esrb secretariat should be clarified . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board .


### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . ### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images especially for the purpose laid down in point of article 1 . the minor shall be informed in written and oral form in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors in a language they can understand and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . mental or physical coercion in order to coerce the taking of fingerprints or a facial image from minors or vulnerable persons shall not be allowed .


### taking fingerprints and facial images of minors from the age of six shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image . ### taking fingerprints and facial images of minors from the age of 14 shall be carried out in a child - friendly and child - sensitive manner by officials trained specifically to enrol minor ' s fingerprints and facial images . the minor shall be informed in an age - appropriate manner using leaflets and / or infographics and / or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult , guardian or representative at the time their fingerprints and facial image are taken . at all times member states must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image .


### each member state shall keep a list of the designated authorities . ### each member state shall keep a list of the designated authorities and communicate it without delay to the commission and to eu - lisa . eu - lisa shall publish the consolidated list in the official journal of the european union . where that list has been amended , eu - lisa shall publish once a year an updated consolidated list online .


### nationality ; ### nationality or presumed and declared nationality or status as stateless person in accordance with article 1 of the 1954 convention relating to the status of stateless persons ;


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


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


### the leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . this member state - specific information shall include at least the rights of the data subject , the possibility of information by the national supervisory authorities , as well as the contact details of the office of the controller and of the data protection officer , and the national supervisory authorities . ### the leaflet shall be established in such a manner as to enable member states to complete it with additional member state - specific information . this member state - specific information shall include at least the possible administrative sanctions under national law , which a person could face for non - compliance with the fingerprinting process and capturing a facial image , the rights of the data subject , the possibility of information and assistance by the national supervisory authorities , as well as the contact details of the office of the controller and of the data protection officer , and the national supervisory authorities .


### by way of derogation from article 37 of this regulation , the personal data relating to persons referred to in articles 10 , 13 , 14 obtained by a member state following a hit for the purposes laid down in article 1 or may be transferred or made available to a third - country in accordance with article 46 of regulation no . [ &#8230 ; / 2016 ] , if necessary in order to prove the identity of third - country nationals for the purpose of return , only where the following conditions are satisfied : ### by way of derogation from article 37 of this regulation , only the necessary personal data relating to persons referred to in articles 10 , 13 , 14 obtained by a member state following a hit for the purposes laid down in article 1 or may be transferred or made available to a third - country in accordance with article 46 of regulation no . [ &#8230 ; / 2016 ] , if necessary in order to prove the identity of third - country nationals for the purpose of return , only where the following conditions are satisfied :


### the costs incurred in connection with the establishment and operation of the central system and the communication infrastructure shall be borne by the general budget of the european union . ### the costs incurred in connection with the establishment and operation of the central system and the communication infrastructure shall be borne by the general budget of the european union , in accordance with the principles of sound financial management .


### the port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of directive 2008 / 98 / ec and other relevant union legislation on waste . to this end , the member states shall provide for separate collection of waste from ships in ports as required in union waste legislation , in particular directive 2008 / 98 / ec , directive 2012 / 19 / eu and directive 2006 / 66 / ec . point shall apply without prejudice to the more stringent requirements imposed by regulation 1069 / 2009 for the management of catering waste from international transport . ### the port reception facilities allow for the management of the ship’s waste in an environmentally appropriate way in accordance with the requirements of directive 2008 / 98 / ec and other relevant union legislation on waste . to this end , the member states shall provide for separate collection of waste from ships in ports as required in union waste legislation , in particular directive 2008 / 98 / ec , directive 94 / 62 / ec , directive 2012 / 19 / eu and directive 2006 / 66 / ec . point shall apply without prejudice to the more stringent requirements imposed by regulation no 1069 / 2009 for the management of catering waste from international transport .


### an appropriate waste reception and handling plan shall be in place and implemented for each port following ongoing consultations with the relevant parties , in particular with port users or their representatives . those consultations should be held both during the initial drafting of the plans and after their adoption , in particular when significant changes have taken place , with regards to the requirements in articles 4 , 6 , and 7 . the detailed requirements for the development of such plans are set out in annex 1 . ### an appropriate waste reception and handling plan shall be in place and implemented for each port following ongoing consultations with the relevant parties , including with port users or their representatives and civil society . those consultations should be held both during the initial drafting of the plans and after their adoption , in particular when significant changes have taken place , with regards to the requirements in articles 4 , 6 , and 7 . the detailed requirements for the development of such plans are set out in annex 1 .


### member states shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships , other than cargo residues , shall be covered through the collection of a fee from ships . those costs include the elements listed in annex 4 . ### member states shall ensure that the costs of operating port reception facilities for the reception and treatment of waste from ships , other than cargo residues , with the exception of cargo residues of high - viscosity persistent floating substances , shall be covered through the collection of a fee from ships . those costs include the elements listed in annex 4 .


### as regards inspections of ships falling outside the scope of directive 2009 / 16 / ec , member states shall ensure that inspections are carried out of at least 20 % of the total number of the individual vessels for each category listed below : ### as regards inspections of ships falling outside the scope of directive 2009 / 16 / ec , member states shall ensure that inspections are carried out of at least 20 % of the total number of the individual vessels per year for each category listed below :


### the results of the inspections referred to in paragraph 1 shall be recorded in the part of the information , monitoring and enforcement system referred to in article 15 of this directive . ### the results of the inspections referred to in paragraph 1 and 2 shall be recorded in the part of the information , monitoring and enforcement system referred to in article 15 of this directive .


### in addition , and only where the notifier / applicant has refused to adjust the geographical scope of the notification / application of a gmo as requested by a member state , there should be the possibility for that member state to adopt reasoned measures restricting or prohibiting the cultivation of that gmo once authorised in all or part of its territory , on the basis of grounds distinct from those assessed according to the harmonized set of union rules , that is directive 2001 / 18 / ec and regulation no 1829 / 2003 , which are in conformity with union law . those grounds may be related to environmental or agricultural policy objectives , or other compelling grounds such as town and country planning , land use , socio - economic impacts , co - existence and public policy . those grounds may be invoked individually or in combination , depending on the particular circumstances of the member state , region or area in which those measures will apply . ### member states , acting as risk managers , should be authorised / granted the possibility / allowed to adopt measures restricting or prohibiting the cultivation of a gmo or of groups of gmos or of all gmos in all or part of their territory , on the basis of grounds related to environmental impacts or other legitimate factors such as socio - economic impacts , where those factors have not been properly addressed as part of the harmonised procedures provided for in part c of directive 2001 / 18 / ec and regulation no 1829 / 2003 , or to persisting scientific uncertainty . those measures should be in conformity with union law .


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


### member states may take appropriate measures to avoid the unintended presence of gmos in other products ### article 26a is replaced by the following : ' member states shall take appropriate and binding measures to avoid the unintended presence of gmos in other products on their territory and in border areas of neighbouring member states . '


### on expiry of the 75 - day period referred to in the first subparagraph , and no later than two years after the date that the consent / authorisation is granted , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay . ### on expiry of the 75 - day period referred to in the first subparagraph , the member state concerned may adopt the measures either in the form originally proposed , or as amended to take account of any comments received from the commission . those measures shall be communicated to the commission , the other member states and the notifier / applicant without delay .


### no later than 4 years after… + , the commission shall present a report to the european parliament and to the council regarding the use made by member states of this directive including the effectiveness of the provisions enabling member states to restrict or prohibit the cultivation of gmos in all or part of their territory and the smooth functioning of the internal market . that report may be accompanied by any legislative proposals the commission considers appropriate . the commission shall also report on the progress towards giving normative status to the strengthened 2010 authority guidance on the environmental risk assessment of genetically modified plants . __________________ + oj : please insert the date of the entry into force of this directive . ### no later than one year after … + , the commission shall publish a legislative proposal designed to give normative status to the strengthened guidance published by the european food safety authority in 2010 on the environmental risk assessment of genetically modified plants . no later than 4 years after… + , the commission shall also present a report to the european parliament and to the council regarding the use made by member states of this directive including the effectiveness of the provisions enabling member states to restrict or prohibit the cultivation of gmos in all or part of their territory and the smooth functioning of the internal market . that report may be accompanied by any legislative proposals the commission considers appropriate . the commission shall also report on the progress towards giving normative status to the strengthened 2010 authority guidance on the environmental risk assessment of genetically modified plants . __________________ + oj : please insert the date of the entry into force of this directive .


### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board should inform the european parliament and the council about the assessment procedure . furthermore , the tasks of the head of the esrb secretariat should be clarified . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board . ### article 3 of council regulation no 1096 / 20106 provides that the head of the secretariat of the esrb is to be appointed by the ecb , in consultation with the general board of the esrb . to raise the profile of the head of secretariat of the esrb , the general board of the esrb should assess , in an open and transparent procedure , whether the shortlisted candidates for the position of head of secretariat of the esrb possess the qualities and experience necessary to manage the esrb secretariat . the general board is required to inform the european parliament and the council about the assessment procedure . furthermore , the tasks of the head of the esrb secretariat should be clarified . _________________ 6 council regulation no 1096 / 2010 of 17 november 2010 conferring specific tasks upon the european central bank concerning the functioning of the european systemic risk board .


### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations should also be transmitted to the european parliament and to the esas . ### article 16 of regulation no 1092 / 2010 requires that the esrb warnings and recommendations are transmitted to the council and the commission and , where addressed to one or more national supervisory authorities , to the esas . to strengthen democratic control and transparency , those warnings and recommendations must be transmitted without delay to the european parliament and to the esas .


### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , where appropriate , at an early stage and in an open and transparent manner . ### to ensure the quality and relevance of the esrb opinions , recommendations and decisions , the advisory technical committee and advisory scientific committee are expected to consult stakeholders , especially the social partners , at an early stage and in an open and transparent manner . the results of those consultations have to be fully taken into account .


### the esrb shall be responsible for the macro - prudential oversight of the financial system within the union in order to contribute to the prevention or mitigation of systemic risks to financial stability in the union that arise from developments within the financial system and taking into account macroeconomic developments , so as to avoid periods of widespread financial distress . it shall contribute to the smooth functioning of the internal market and thereby ensure a sustainable contribution of the financial sector to economic growth . ### in article 3 , the paragraph is replaced by the following : “1 . the esrb shall be responsible for the macro - prudential oversight of the financial system within the union in order to contribute to the prevention or mitigation of systemic risks to financial stability in the union that arise from developments within the financial system and taking into account macroeconomic developments , so as to avoid periods of widespread financial distress . it shall contribute to the smooth functioning of the internal market and thereby ensure a sustainable contribution of the financial sector to economic growth and contributes to the achievement of the aims of article 3 of the treaty of the european union . '


### an oral hearing shall be held through videoconference , teleconference or other appropriate distance communication technology in accordance with council regulation no 1206 / 2001 where the party to be heard is domiciled in a member state other than the member state of the court or tribunal with jurisdiction . ### from [ 2 years after the entry into force of this regulation ] , any oral hearing shall be held through videoconference , teleconference or other appropriate distance communication technology in accordance with council regulation no 1206 / 2001 where the party to be heard is domiciled in a member state other than the member state of the court or tribunal with jurisdiction .


### it shall apply from [ 6 months after the entry into force of the regulation ] . ### it shall apply from [ 6 months after the entry into force of the regulation ] , with the exception of article 1 , points 13 to 15 , which shall apply from the date of entry into force .


### having regard to the treaty on the functioning of the european union , and in particular article 43 , article 114 , the first paragraph of article 118 and article 349 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 43 , article 114 , the first paragraph of article 118 and article 349 as well as article 208 thereof ,


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation , sustainability and policy coherence for development , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries .


### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives . ### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives , achieve targets and as to the effects of their actions on developing countries . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives .


### annex ii to regulation no 1308 / 2013 sets out certain definitions concerning sectors falling within the scope of that regulation . definitions concerning the sugar sector set out in section b of part ii of that annex should be deleted because they are no longer applicable . in order to update definitions concerning other sectors referred to in that annex , in light of new scientific knowledge or market developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the amendment of those definitions . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . consequently , the individual empowerment delegated to the commission in point 4 of section a of part ii of that annex to amend the definition of inulin syrup should be deleted . ### annex ii to regulation no 1308 / 2013 sets out certain definitions concerning sectors falling within the scope of that regulation . definitions concerning the sugar sector set out in section b of part ii of that annex should be deleted because they are no longer applicable . in order to update definitions concerning other sectors referred to in that annex , in light of new scientific knowledge or market developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the amendment of those definitions . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and with partners in third countries . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . consequently , the individual empowerment delegated to the commission in point 4 of section a of part ii of that annex to amend the definition of inulin syrup should be deleted .


### the assessment carried out by the competent authorities of member states is an essential step in the procedure . member states have knowledge , expertise and access to data and facts that make them the best placed to verify whether the information provided in the application is correct and truthful . therefore , member states should guarantee that the result of that assessment , which is to be faithfully recorded in a single document summarising the relevant elements of the product specification , is reliable and accurate . having regard to the principle of subsidiarity , the commission should subsequently scrutinise applications to ensure that there are no manifest errors and that union law and the interests of stakeholders outside the member state of application are taken into account . ### the assessment carried out by the competent authorities of member states is an essential step in the procedure . member states have knowledge , expertise and access to data and facts that make them the best placed to verify whether the information provided in the application is correct and truthful . therefore , member states should guarantee that the result of that assessment , which is to be faithfully recorded in a single document summarising the relevant elements of the product specification , is reliable and accurate . having regard to the principle of subsidiarity , the commission should subsequently scrutinise applications to ensure that there are no manifest errors and that union law and the interests of stakeholders outside the member state of application and outside the eu are taken into account .


### in respect of export credits , export credit guarantees and insurance programmes , agricultural exporting state trading enterprises and international food aid , member states may adopt national measures respecting union law . since the union and its member states are wto members , such national measures should also comply with the rules laid down in that wto ministerial decision of 19 december 2015 , as a matter of union law and international law . ### in respect of export credits , export credit guarantees and insurance programmes , agricultural exporting state trading enterprises and international food aid , member states may adopt national measures respecting union law . since the union and its member states are wto members , such national measures should also comply with the rules laid down in that wto ministerial decision of 19 december 2015 , as a matter of union law and international law . in this respect , pcd must always be safeguarded and it must be ensured that the measures are not to the detriment of developing countries through the distortion of the conditions of competition .


### consumers are not confident when buying cross border and especially online . one of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content . many consumers of digital content experience problems related to the quality of , or access to , digital content . for instance , they receive wrong or faulty digital content , or they are not able to access the digital content in question . as a result , consumers suffer financial and non - financial detriment . ### consumers are not confident when contracting cross border and especially online . one of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content . many consumers of digital content or service experience problems related to the quality of , or access to , digital content or service . for instance , they receive wrong or faulty digital content , or they are not able to access a digital service . as a result , consumers may suffer financial and non - financial detriment .


### consumers will benefit from fully harmonised rights for digital content at a high level of protection . they will have clear rights when they receive or access digital content from anywhere in the eu . this will increase their confidence in buying digital content . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content . ### consumers already benefit from the european union ' s past harmonisation efforts and will profit greatly from common rights for digital content and digital services at a high level of protection . they will have clear rights when they receive or access digital content and digital services from anywhere in the eu . this will increase their confidence in accessing digital content and digital services .


### consumers will benefit from fully harmonised rights for digital content at a high level of protection . they will have clear rights when they receive or access digital content from anywhere in the eu . this will increase their confidence in buying digital content . this will also contribute to reducing the detriment consumers currently suffer , since there will be a set of clear rights that will enable them to address problems they face with digital content . ### consumers will benefit from fully harmonised rights for digital content or service at a high level of protection . they will have clear rights when they receive or access digital content or service from anywhere in the eu . this will increase their confidence in concluding contracts for supply of digital content or service . this will also contribute to closing the existing legal loophole by creating a set of clear rights that will enable consumers to address problems they face with digital content and service .


### the directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council1 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . however this directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods . __________ oj l 304 , 22 . 11 . 2011 , p . 64 . ### this directive should address problems across different categories of digital content and its supply . in order to cater for fast technological developments and to maintain the future - proof nature of the notion of digital content , this notion as used in this directive should be broader than in directive 2011 / 83 / eu of the european parliament and of the council1 . in particular it should cover services which allow the creation , processing or storage of data . while there are numerous ways for digital content to be supplied , such as transmission on a durable medium , downloading by consumers on their devices , web - streaming , allowing access to storage capabilities of digital content or access to the use of social media , this directive should apply to all digital content independently of the medium used for its transmission . differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers . a level - playing field between suppliers of different categories of digital content should be ensured . __________ oj l 304 , 22 . 11 . 2011 , p . 64 .


### in order to meet the expectations of consumers and ensure a clear - cut and simple legal framework for suppliers of digital content offered on a durable medium , in relation to conformity requirements and remedies available to consumers for non - conformity , this directive should apply to goods such as dvds and cds , incorporating digital content in such a way that the goods function only as a carrier of the digital content . the directive should apply to the digital content supplied on a durable medium , independently whether it is sold at a distance or in face - to - face situations , so as to avoid fragmentation between the different distribution channels . the directive 2011 / 83 should continue to apply to those goods , including to obligations related to the delivery of goods , remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied . the directive is also without prejudice to the distribution right applicable to these goods under copyright law . ### in order to meet the expectations of consumers and ensure a clear - cut and simple legal framework for suppliers of digital content offered on a tangible medium , in relation to conformity requirements and remedies available to consumers for non - conformity , this directive should apply to digital content integrated in goods such as household appliances , toys and storage devices where that digital content is embedded in such a way that it operates as an integral part of the goods and cannot easily be un - installed by the consumer , unless the seller proves that the lack of conformity lies in the hardware of the good . to the same avail , this directive should also apply to goods such as dvds and cds , incorporating digital content in such a way that the goods function only as a carrier of the digital content , unless the seller proves that the lack of conformity lies in the hardware of the good . directive 2011 / 83 should continue to apply to those goods , including the obligations related to the delivery of goods , remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied . this directive is also without prejudice to the distribution right applicable to those goods under copyright law .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### in order to ensure that consumers are not deprived of their rights , the rules used to determine conformity with the contract must be fully harmonised . in particular , the conformity with the contract should be assessed considering the purpose for which digital content or service of the same description would normally be used .


### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content with the contract , it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights . in such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used . ### in cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks , adjusted to the consumers at whom it is targeted , to ascertain the conformity of the digital content with the contract , it is necessary to set conformity criteria to ensure that consumers sufficiently comprehend , and are not deprived of their rights . in such cases , the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used , available technical standards , and consumers ' reasonable expectations .


### while data - driven services and technologies bring significant benefits , they also create some vulnerabilities . as recognised by the digital single market strategy a high level of network and information security is essential across the european union to ensure respect of fundamental rights such as the right to privacy and personal data , to increase user confidence and strengthen their trust in the digital economy . as software becomes pervasive , qualities such as reliability , security and adaptability to evolving needs are also becoming a prime concern . it is therefore increasingly important that those data - driven services and technologies ensure that those qualities are guaranteed , to the extent that is proportionate to the role and function those technologies play . in particular , quality in terms of security and reliability is becoming an important concern for innovative , composite services that have to rely on the interconnection of diverse systems in different domains . ### while data - driven services and technologies bring significant benefits , they also create some vulnerabilities . as recognised by the digital single market strategy , a high level of network and information security is essential across the european union to ensure respect of fundamental rights , such as the right to the protection of online privacy and personal data , to increase user confidence and strengthen their trust in the digital economy . as software becomes pervasive , qualities such as reliability , security and adaptability to evolving needs are also becoming a prime concern . it is therefore increasingly important that those data - driven services and technologies ensure that those qualities are guaranteed to the greatest possible extent . in particular , quality in terms of security and reliability is becoming an important concern for innovative , composite services that have to rely on the interconnection of diverse systems in different domains .


### due to the specific nature of digital content with its high complexity as well as the supplier ' s better knowledge and access to know how , technical information and high - tech assistance , it is the supplier who is in a better position than the consumer to know the reasons for the digital content not being in conformity with the contract . the supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer ' s digital environment with the technical requirements for the digital content . therefore in case of a dispute it should be for the supplier to prove that the digital content is in conformity with the contract , unless the supplier proves that the consumer ' s digital environment is not compatible with the digital content . only where the supplier proves that the consumer ' s digital environment is not compatible with the interoperability and other technical requirements , it should be for the consumer to prove that the digital content is not in conformity with the contract . ### due to the specific nature of digital content with its high complexity as well as the supplier ' s better knowledge and access to know how , technical information and high - tech assistance , it is the supplier who is in a better position than the consumer to know the reasons for the digital content or digital service not being in conformity with the contract . therefore , in case of a dispute , it should be for the supplier to prove that the digital content is in conformity with the contract , unless the supplier proves that the consumer ' s digital environment is not compatible with the digital content . only where the supplier proves that the consumer ' s digital environment is not compatible with the interoperability and other technical requirements , it should be for the consumer to prove that the digital content is not in conformity with the contract .


### in order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract , the supplier should allow the consumer to retrieve all data uploaded by the consumer , produced by the consumer with the use of the digital content or generated through the consumer ' s use of the digital content . this obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content as well as to data which the supplier has effectively retained in relation to the contract . ### in order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract , the supplier , upon request by the consumer , should allow the consumer to retrieve all data uploaded by the consumer or produced by the consumer with the use of the digital content . this obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content as well as to data which the supplier has effectively retained in relation to the contract .


### the principle of the supplier ' s liability for damages is an essential element of the contracts for supply of digital content . in order to increase consumers ' trust in digital content this principle should thus be regulated at union level to ensure that consumers do not suffer a detriment if their hardware or software is damaged by digital content which is not in conformity with the contract . therefore , consumers should be entitled to a compensation for damages caused to the consumer ' s digital environment by a lack of conformity with the contract or a failure to supply the digital content . however , it should be for member states to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content , especially when offered by suppliers as an exclusive compensation for losses , do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract . ### the principle of the supplier ' s liability for damages is an essential element of contracts for supply of digital content . in order to increase consumers ' trust in digital content , this principle should thus be regulated at union level to ensure that consumers do not suffer a detriment if they sustain damage by digital content which is not in conformity with the contract . therefore , consumers should be entitled to a compensation for damages caused to the consumer by a lack of conformity with the contract or a failure to supply the digital content . however , it should be for member states to lay down the detailed conditions for the exercise of the right to damages while taking into account that discounts on prices for future supplies of the digital content , especially when offered by suppliers as an exclusive compensation for losses , do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract . it should be possible for member states , when laying down the rules in that regard , to provide for a reduced or increased degree of liability for damages in order to differentiate between suppliers that have done everything in their power to limit the possibility of damage , for example by observing industry codes of best practice , security baselines or international standards , and those that have been negligent in this respect .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and specifically article 16 , 38 and 47 thereof . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union and specifically articles 7 , 8 , 16 , 38 and 47 thereof .


### data which is produced and supplied in digital form , for example video , audio , applications , digital games and any other software , ### data which are produced and supplied in digital form , including video , audio , applications , digital games and any other software ,


### ' damages ' means a sum of money to which consumers may be entitled as compensation for economic damage to their digital environment ; ### ' damages ' means a sum of money to which consumers may be entitled as compensation for material and non - material damage ;


### this directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and , in exchange , a price is to be paid or the consumer actively provides counter - performance other than money in the form of personal data or any other data . ### this directive shall apply to any contract where the supplier supplies digital content or a digital service to the consumer or undertakes to do so and , in exchange , a price is to be paid or the consumer makes available his or her personal data or any other data instead of a payment in money , insofar this is possible in line with regulation 2016 / 679 . the contract shall explicitly indicate which personal data are exchanged for the content supplied .


### this directive shall not apply to digital content provided against counter - performance other than money to the extent the supplier requests the consumer to provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose . it shall equally not apply to any other data the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements , and the supplier does not use that data for commercial purposes . ### this directive shall not apply where personal data or other data made available by the consumer are exclusively used by the supplier to supply the digital content or to meet legal requirements , and the supplier does not process those data for any other purpose .


### this directive is without prejudice to the protection of individuals with regard to the processing of personal data . ### no provision of this directive or of any act transposing it into national law shall in any way reduce or undermine the protection of individuals with regard to the processing of personal data as provided for in regulation 2016 / 679 and in directive 2002 / 58 / ec .


### the supplier shall supply the digital content immediately after the conclusion of the contract , unless the parties have agreed otherwise . the supply shall be deemed to take place when the digital content is supplied to the consumer or , where point of paragraph 1 applies , to the third party chosen by the consumer , whichever is the earlier . ### the supplier shall supply the digital content immediately after the conclusion of the contract , unless the parties have agreed otherwise , and without prejudice to point of article 16 of directive 2011 / 83 / eu . the supply shall be deemed to take place when the digital content is supplied to the consumer or , where point of paragraph 1 of this article applies , to the third party chosen by the consumer , whichever is the earlier . _________________


### in order to conform with the contract , the digital content shall , where relevant : ### the contract shall include all relevant characteristics for the assessment of the conformity of the digital content , as well as all relevant information regarding the processing of personal data in compliance with the obligation under regulation 2016 / 679 . in order to conform with the contract , the digital content shall , where relevant :


### to the extent that the contract does not stipulate , where relevant , in a clear and comprehensive manner , the requirements for the digital content under paragraph 1 , the digital content shall be fit for the purposes for which digital content of the same description would normally be used including its functionality , interoperability and other performance features such as accessibility , continuity and security , taking into account : ### in addition to complying with any conformity requirements included in the contract as provided for by paragraph 1 , the digital content shall be fit for the purposes for which digital content of the same description would normally be used and shall possess the qualities , including its functionality , interoperability and other performance features such as accessibility , continuity and security , which consumers may reasonably expect , taking into account :


### whether the digital content is supplied in exchange for a price or other counter - performance than money ; ### whether the digital content is supplied in exchange for a price or counter - performance other than money by the provision of personal data or any other data pursuant to article 3 ;


### where the contract stipulates that the digital content shall be supplied over a period of time , the digital content shall be in conformity with the contract throughout the duration of that period . ### where the contract stipulates that the digital content is to be supplied over a period of time , the digital content , including , where necessary , security updates to be provided by the supplier , shall be in conformity with the contract throughout the duration of that period .


### the consumer shall cooperate with the supplier to the extent possible and necessary to determine the consumer ' s digital environment . the obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer . where the consumer fails to cooperate , the burden of proof with respect to the non - conformity with the contract shall be on the consumer . ### the consumer shall cooperate with the supplier to the extent possible and necessary to determine the consumer’s digital environment . the obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer . where the consumer fails to cooperate , the burden of proof with respect to the non - conformity with the contract shall be on the consumer . the consumer shall not have to cooperate where the supplier requests access to private or personal information and communications .


### where the contract provides that the digital content shall be supplied over a period of time , any lack of conformity which occurs during the duration of that period . ### where the contract provides that the digital content shall be supplied over a period of time or at specified time or date for a single act of supply , any lack of conformity which occurs during the duration of that period or at the time or date agreed to supply the digital content or digital service .


### in the case of a lack of conformity with the contract , the consumer shall be entitled to have the digital content brought into conformity with the contract free of charge , unless this is impossible , disproportionate or unlawful . ### in the case of a lack of conformity , the consumer shall be able to request to have the digital content or digital service brought into conformity free of charge , unless this is impossible , disproportionate or unlawful , or to have an appropriate reduction in the price , or to terminate the contract under the conditions set out in this article .


### in the case of a lack of conformity with the contract , the consumer shall be entitled to have the digital content brought into conformity with the contract free of charge , unless this is impossible , disproportionate or unlawful . ### in case of a lack of conformity with the contract , the consumer shall be entitled to have the digital content or digital service brought into conformity with the contract free of charge , unless this is factually or legally impossible , disproportionate or unlawful .


### the supplier shall bring the digital content in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of digital content and the purpose for which the consumer required this digital content . ### the supplier shall bring the digital content or digital service in conformity with the contract pursuant to paragraph 1 without undue delay from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer , taking account of the nature of the digital content or digital service and the purpose for which the consumer required this digital content or digital service .


### the consumer shall exercise the right to terminate the contract by notice to the supplier given by any means . ### as an alternative remedy to bringing into conformity or price reduction , in the case of a lack of conformity of the digital content or digital service with the contract , the consumer shall be entitled to terminate the contract if the lack of conformity with the contract is not minor and causes or may cause a substantial effect on the consumer ' s use or enjoyment of the digital content or digital service . the burden of proof that the lack of conformity with the contract does not have substantial effect on the consumer ' s use or enjoyment of the digital content or digital service shall be on the supplier .


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content or digital service is to be supplied or made accessible over the period of time stipulated in the contract , the supplier may only alter the functionality , interoperability and other main performance features of the digital content or digital service , to the extent that those alterations&#160 ; benefit the consumer , if :


### the contract so stipulates ; ### the contract so stipulates ; and


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content is to be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main&#160 ; performance features of the digital content such as its accessibility and continuity , only if :


### where the supplier is liable to the consumer because of any failure to supply the digital content or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions , the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions . the person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise , shall be determined by national law . ### where the supplier is liable to the consumer because of any failure to supply the digital content or digital service or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions , the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions or a third party who has granted an end - use license to the consumer . the person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise , shall be determined by national law .


### member states shall ensure that adequate and effective means exist to ensure compliance with this directive . ### member states shall ensure that adequate and effective means exist to ensure compliance with this directive , taking account in particular of the need for consumers to be informed about , enabled and facilitated to enforce their rights in practice . such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate .


### the commission shall , not later than on [ the date of five years after entry into force ] review the application of this directive and submit a report to the european parliament and the council . the report shall examine , inter alia , the case for harmonisation of rules applicable to contracts for the supply of digital content against counter - performance other than that covered by this directive , in particular supplied against advertisement or indirect collection of data . ### the commission shall , not later than on [ the date of five years after entry into force ] review the application of this directive and submit a report to the european parliament and the council and the european economic and social committee taking full account of the process of scrutiny and review on the application and implementation of this directive . the review process shall include meaningful and detailed consultation and involvement with member states and consumer , legal and business organisations at union level . the report shall examine , inter alia , the case for harmonisation of rules applicable to contracts for the supply of digital content against counter - performance other than that covered by this directive , in particular supplied against advertisement .


### in the area of financial services , the added value of whistleblower protection was already acknowledged by the union legislator . in the aftermath of the financial crisis , which exposed serious shortcomings in the enforcement of the relevant rules , measures for the protection of whistleblowers were introduced in a significant number of legislative instruments in this area34 . in particular , in the context of the prudential framework applicable to credit institutions and investment firms , directive 2013 / 36 / eu35 provides for protection of whistleblowers , which extends also to regulation no 575 / 2013 on prudential requirements for credit institutions and investment firms . _________________ 34 communication of 8 . 12 . 2010 ' reinforcing sanctioning regimes in the financial services sector ' . 35 directive 2013 / 36 / eu of the european parliament and of the council of 26 june 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms , amending directive 2002 / 87 / ec and repealing directives 2006 / 48 / ec and 2006 / 49 / ec . ### in the area of financial services , the added value of whistleblower protection was already acknowledged by the union legislator . in the aftermath of the financial crisis , which exposed serious shortcomings in the enforcement of the relevant rules , measures for the protection of whistleblowers were introduced in a significant number of legislative instruments in this area34 . in particular , in the context of the prudential framework applicable to credit institutions and investment firms , directive 2013 / 36 / eu35 provides for protection of whistleblowers , which extends also to regulation no 575 / 2013 on prudential requirements for credit institutions and investment firms . however , a number of high profile cases involving european financial institutions have proven , that protection of whistleblowers within the full range of financial institutions still remain unsatisfactory and that fears of reprisals from both employers and authorities still prevent whistleblowers from coming forward with information on breaches of law . _________________ 34 communication of 8 . 12 . 2010 ' reinforcing sanctioning regimes in the financial services sector ' . 35 directive 2013 / 36 / eu of the european parliament and of the council of 26 june 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms , amending directive 2002 / 87 / ec and repealing directives 2006 / 48 / ec and 2006 / 49 / ec .


### each time a new union act for which whistleblower protection is relevant and can contribute to more effective enforcement is adopted , consideration should be given to whether to amend the annex to the present directive in order to place it under its scope . ### each time a new union act for which whistleblower protection is relevant and can contribute to more effective enforcement is adopted , the annex to the present directive should be amended in order to place it under its scope .


### this directive should be without prejudice to the protection afforded to employees when reporting on breaches of union employment law . in particular , in the area of occupational safety and health , article 11 of framework directive 89 / 391 / eec already requires member states to ensure that workers or workers ' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and / or to remove sources of danger . workers and their representatives are entitled to raise issues with the competent national authorities if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health . ### this directive should be without prejudice to the protection afforded to employees when reporting on breaches of union employment law . in particular , in the area of occupational safety and health , article 11 of framework directive 89 / 391 / eec already requires member states to ensure that workers or workers ' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and / or to remove sources of danger . workers and their representatives are entitled to raise issues with the competent national or european union authorities if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health .


### protection should , firstly , apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration . protection should thus also be granted to workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . _________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 . ### protection should apply to persons having the status of ' workers ' , within the meaning of article 45 tfeu , as interpreted by the court of justice of the european union52 , i . e . persons who , for a certain period of time , perform services for and under the direction of another person , in return of which they receive remuneration , including workers in non - standard employment relationships , including part - time workers and fixed - term contract workers , as well as persons with a contract of employment or employment relationship with a temporary agency , which are types of relationships where standard protections against unfair treatment are often difficult to apply . _________________ 52 judgments of 3 july 1986 , lawrie - blum , case 66 / 85 ; 14 october 2010 , union syndicale solidaires isère , case c - 428 / 09 ; 9 july 2015 , balkaya , case c - 229 / 14 ; 4 december 2014 , fnv kunsten , case c - 413 / 13 ; and 17 november 2016 , ruhrlandklinik , case c - 216 / 15 .


### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . ### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive , to ensure proper implementation and to ensure full , loyal and expeditious cooperation between competent authorities both within the member state itself and with relevant authorities in other member states . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate .


### member states should ensure the adequate record - keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate . ### member states should ensure the adequate record - keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate and made available to other member states ' or european union authorities where relevant . it remains the responsibility of both the transmitting and receiving authorities to ensure full protection of whisteblowers and to ensure full , loyal and expeditious cooperation .


### member states shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports , following consultations with social partners , if appropriate . ### member states shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports , following consultations with social partners .


### a reasonable timeframe , not exceeding three months following the report , to provide feedback to the reporting person about the follow - up to the report ; ### a reasonable timeframe , not exceeding three months following the report , to provide substantive feedback to the reporting person about the follow - up to the report , 4 weeks to provide initial feedback and 1 week to provide a confidential note of receipt ;


### transmit the information contained in the report to competent bodies , offices or agencies of the union , as appropriate , for further investigation , where provided for under national or union law . ### transmit the information contained in the report to competent bodies , offices or agencies of the union or other member states , as appropriate , for further investigation .


### member states shall ensure that competent authorities follow up on the reports by taking the necessary measures and investigate , to the extent appropriate , the subject - matter of the reports . the competent authorities shall communicate to the reporting person the final outcome of the investigations . ### member states shall ensure that competent authorities follow up on the reports by taking the necessary measures and investigate , to the extent appropriate , the subject - matter of the reports . the competent authorities shall communicate to the reporting person and all relevant other member states and competent eu competent authorities , offices and agencies the final outcome of the investigations .


### member states shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed . ### member states shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed , including competent authorities in other member states .


### maintaining contact with the reporting person for the purpose of informing the reporting person of the progress and the outcome of the investigation . ### maintaining confidential contact with the reporting person and / or their trusted representatives for the purpose of informing the reporting person of the progress and the outcome of the investigation .


### a reasonable timeframe , not exceeding three months or six months in duly justified cases , for giving feed - back to the reporting person about the follow - up of the report and the type and content of this feed - back ; ### a reasonable timeframe , not exceeding three months or six months in duly justified cases , for giving substantive feed - back to the reporting person about the follow - up of the report and the type and content of this feed - back , 4 weeks to provide initial feedback and 1 week to provide a confidential note of receipt .


### a prior or simultaneous conviction for the criminal activity that generated the property ; ### it is not&#160 ; necessary to establish a prior or simultaneous conviction for the criminal activity that generated the property ;


### in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council48 , council regulation no 2988 / 9549 , council regulation no 2185 / 9650 and regulation 2017 / 193951 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities including fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with the provisions and procedures laid down in regulation no 883 / 2013 of the european parliament and of the council and regulation no 2185 / 96 , the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor ' s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union , as provided for in directive 2017 / 1371 of the european parliament and of the council52 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of the union funds grant equivalent rights . __________________ 48 oj l 248 , 18 . 9 . 2013 , p . 1–22 . the regulation is available at : http : / / eur - lex . europa . eu / legal - content / en / txt / html / ? uri=celex : 32013r0883&rid=1 49 oj l 312 , 23 . 12 . 1995 , p . 1–4 . the regulation is available at http : / / eur - lex . europa . eu / legal - content / en / txt / html / ? uri=celex : 31995r2988&rid=1 50 oj l 292 , 15 . 11 . 1996 , p . 2–5 . the regulation is available at http : / / eur - lex . europa . eu / legal - content / en / txt / html / ? uri=celex : 31996r2185&rid=1 51 oj l 283 , 31 . 10 . 2017 , p . 1–71 . the regulation is available at http : / / eur - lex . europa . eu / legal - content / en / txt / html / ? uri=celex : 32017r1939&rid=1 52 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law . ### in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council48 , council regulation no 2988 / 9549 , council regulation no 2185 / 9650 and regulation 2017 / 193951 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities including fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with the provisions and procedures laid down in regulation no 883 / 2013 of the european parliament and of the council and regulation no 2185 / 96 , the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor ' s office is to investigate and prosecute fraud and other criminal offences affecting the financial interests of the union , as provided for in directive 2017 / 1371 of the european parliament and of the council52 . in accordance with the financial regulation , any person or entity receiving , managing or distributing union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of the union funds grant equivalent rights . __________________ 48 oj l 248 , 18 . 9 . 2013 , p . 1–22 . the regulation is available at : http : / / eur - lex . europa . eu / legal - content / en / txt / html / ? uri=celex : 32013r0883&rid=1 49 oj l 312 , 23 . 12 . 1995 , p . 1–4 . the regulation is available at http : / / eur - lex . europa . eu / legal - content / en / txt / html / ? uri=celex : 31995r2988&rid=1 50 oj l 292 , 15 . 11 . 1996 , p . 2–5 . the regulation is available at http : / / eur - lex . europa . eu / legal - content / en / txt / html / ? uri=celex : 31996r2185&rid=1 51 oj l 283 , 31 . 10 . 2017 , p . 1–71 . the regulation is available at http : / / eur - lex . europa . eu / legal - content / en / txt / html / ? uri=celex : 32017r1939&rid=1 52 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law .


### the tallinn digital summit55 of september 2017 and the conclusions of the european council56 of 19 october 2017 indicated the need for europe to invest in digitising our economies and addressing the skills gap to maintain and enhance european competitiveness , our quality of life and social fabric . the european council concluded that the digital transformation offers immense opportunities for innovation , growth and jobs , will contribute to our global competitiveness , and enhance creative and cultural diversity . seizing these opportunities requires collectively tackling some of the challenges posed by the digital transformation and reviewing policies affected by the digital transformation . __________________ 55 https : / / www . eu2017 . ee / news / insights / conclusions - after - tallinn - digital - summit 56 https : / / www . consilium . europa . eu / media / 21620 / 19 - euco - final - conclusions - en . pdf ### the tallinn digital summit55 of september 2017 and the conclusions of the european council56 of 19 october 2017 indicated the need for europe to invest in digitising our economies and addressing the skills gap to maintain and enhance european competitiveness , our quality of life and social fabric . the european council concluded that the digital transformation offers immense opportunities for innovation , growth and jobs , will contribute to our global competitiveness , and enhance creative and cultural diversity . seizing these opportunities requires collectively tackling some of the challenges posed by the digital transformation and reviewing policies affected by the digital transformation as well as securing significant private sector funds and contributions from the member states . __________________ 55 https : / / www . eu2017 . ee / news / insights / conclusions - after - tallinn - digital - summit 56 https : / / www . consilium . europa . eu / media / 21620 / 19 - euco - final - conclusions - en . pdf


### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and security as well as competitiveness of industry , notably small and medium - sized enterprises . ### the high performance computing and the related data processing capacities in the union should allow to ensure wider use of high performance computing by industry and , more generally , in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health , environment and security as well as competitiveness of industry , notably micro , small and medium - sized enterprises .