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


### it is necessary to provide that , for legislative acts of the union establishing accessibility obligations without providing accessibility requirements or specifications , accessibility is defined by reference to the accessibility requirements of this directive . that is the case of directive 2014 / 23 / eu of the european parliament and of the council , 35 directive 2014 / 24 / eu of the european parliament and of the council , 36 and directive 2014 / 25 / eu of the european parliament and of the council , 37 which require that technical specifications and technical or functional requirements of the concessions , works or services falling within their scope take into account accessibility criteria for persons with disabilities or ' design for all ' users . __________________ 35 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 36 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec . ### it is necessary to provide that , for legislative acts of the union establishing accessibility obligations without providing accessibility requirements or specifications , accessibility is defined by reference to the accessibility requirements of this directive . that is the case of directive 2014 / 23 / eu of the european parliament and of the council , directive 2014 / 24 / eu of the european parliament and of the council , and directive 2014 / 25 / eu of the european parliament and of the council , which require that technical specifications and technical or functional requirements of the concessions , works or services falling within their scope take into account accessibility criteria for persons with disabilities or ' design for all ' users . as well as directive 2010 / 13 / eu on audiovisual media services and any other future eu legislation referencing accessibility for persons with disabilities . this directive will help consumers to make informed decisions and the eu shall take accessibility into account when revising regulation 83 / 2011 on consumers ' rights , as well as any existing or future eu legislation referencing accessibility . __________________ 35 directive 2014 / 23 / eu of the european parliament and of the council of 26 february 2014 on the award of concession contracts . 36 directive 2014 / 24 / eu of the european parliament and of the council of 26 february 2014 on public procurement and repealing directive 2004 / 18 / ec ° . 37 directive 2014 / 25 / eu of the european parliament and of the council of 26 february 2014 on procurement by entities operating in the water , energy , transport and postal services sectors and repealing directive 2004 / 17 / ec .


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


### it is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the member states , notably by only including in the scope the products and services which have been thoroughly selected . ### the requirements laid down in this directive must ensure to enable full participation on the internal market , including the built environment , for all and seek to diminish the obstacles facing persons with disabilities in order to guarantee a well - functioning internal market , fair living conditions and accessible society throughout the union . by increasing the participation on the internal market for all , the economic operators will be able to seek new business opportunities .


### distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this directive shall make sure that the necessary corrective measures are taken to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product presents a risk , distributors shall immediately inform the competent national authorities of the member states in which they made the product available to that effect giving details , in particular , of the non - compliance and of any corrective measures taken . ### distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this directive shall make sure that the necessary corrective measures are taken to bring that product into conformity , to withdraw it or recall it , if appropriate . furthermore , where the product presents a risk , distributors shall , within 24 hours at most , inform the competent national authorities of the member states in which they made the product available to that effect giving details , in particular , of the non - compliance and of any corrective measures taken .


### the commission’s proposal for a directive of the european parliament and of the council34 includes accessibility requirements for a specific set of public sector bodies’ websites . in addition , it proposes to establish the basis for a monitoring and reporting methodology of the compliance of the relevant websites with the requirements listed in that directive . both the accessibility requirements and the monitoring and reporting methodology included in that directive are to apply to the public sector bodies ' websites . with the purpose of , notably , ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website , the accessibility requirements set out in this directive should be aligned to those of the proposed directive on the accessibility of public sector bodies’ websites . activities of ecommerce of public sector websites not covered by that directive , fall under the scope of this proposal , in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons , irrespective of their public or private sale . __________________ 34 proposal for a directive of the european parliament and of the council on the accessibility of public sector bodies ' websites com 721 . ### directive 2016 / 2102 of the european parliament and of the council34 includes accessibility requirements for all public sector bodies ' websites . in addition , it establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements listed in that directive . both the accessibility requirements and the monitoring and reporting methodology included in that directive apply to the public sector bodies ' websites and mobile applications . with the purpose of , notably , ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website and mobile applications , the accessibility requirements set out in this directive should be aligned to those of directive 2016 / 2102 . activities of ecommerce of public sector websites and mobile applications which are not covered by directive 2016 / 2102 fall within the scope of this directive , in order to ensure that the online sale of products and services is accessible for persons with disabilities , irrespective of their public or private sale . __________________ 34 directive 2016 / 2102 of the european parliament and of the council of 26 october 2016 on the accessibility of the websites and mobile applications of public sector bodies .


### by [ …insert date - five years after the application of this directive ] , and every five years thereafter , the commission shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on the application of this directive . ### by [ …insert date - three years after the application of this directive ] , and every three years thereafter , the commission shall submit to the european parliament , the council , the european economic and social committee and the committee of the regions a report on the application of this directive .


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


### e - books ; ### e - books and e - book readers ;


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : ensuring the accessibility of the products they use in the provision of the service , in accordance with the rules laid down in point d : providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel , alternatives to non - text content shall be provided , the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations . ### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : ensuring the accessibility of the products they use in the provision of the service , in accordance with the rules laid down in point d : providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : shall be made available in accessible web format and electronic non - web document by making them perceivable , operable , understandable and robust in accordance with point , shall list and explain how to use the accessibility features of the service in combination with the related terminal equipment , shall be provided on alternative non - electronic formats upon request . the alternative non - electronic formats may include large print , braille , or easy - to - read shall be understandable , without exceeding a level of complexity superior to level b2 of the council of europe’s common european framework of reference for languages . making websites and online applications accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; making mobile - based services including applications needed for the provision of banking services accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; including functions , practices , policies and procedures and alterations in the operation of the service targeted to address the needs of persons with functional limitations , including persons with disabilities : electronic identification , security and payment methods needed for the provision of the service shall be understandable , perceivable , operable and robust without undermining the security and privacy of the user . the built environment for the provision of the service shall comply with the requirements laid down in section x .


### in the absence of harmonised standards and where needed for market harmonisation purposes , the commission should be able adopt implementing acts establishing common technical specifications for the accessibility requirements set in this directive . ### in the absence of harmonised standards and where needed for market harmonisation purposes or to specify needs of persons with functional limitations and persons with disabilities , the commission should be able adopt , in cooperation with organisations representing persons with disabilities , implementing acts establishing common technical specifications for the accessibility requirements set in this directive .


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


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


### design and production : the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable ; must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### design and production : the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by complying with the following accessibility requirements : the information on the use of the product provided on the product itself , which shall be provided in multiple accessible formats and which : shall be available by more than one sensory channel ; shall be understandable ; shall be perceivable ; shall have an adequate size of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; when relevant , compatibility with assistive devices and technologies available at union level , including hearing technologies such as hearing aids , telecoils , cochlear implants and assistive listening devices ;


### design and production : the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : the information on the use of the product provided on the product itself , which : must be available by more than one sensory channel ; must be understandable ; must be perceivable ; shall have an adequate size of fonts in foreseeable conditions of use ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### design and production : the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by complying with the following accessibility requirements : the information on the use of the product provided on the product itself , which shall be provided in multiple accessible formats and which : shall be available by more than one sensory channel ; shall be understandable ; shall be perceivable ; shall have an adequate size of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; when relevant , compatibility with assistive devices and technologies available at union level , including hearing technologies such as hearing aids , telecoils , cochlear implants and assistive listening devices .


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


### the disparities between the laws and administrative measures adopted by the member states in relation to accessibility of products and services for persons with functional limitations including persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market . economic operators , in particular small and medium - sized enterprises , are particularly affected by those barriers . ### the disparities between the laws and administrative measures adopted by the member states in relation to the accessibility of some products and services for persons with functional limitations , including persons with disabilities , create barriers to their free movement and distort effective competition in the internal market . for other products , disparities are likely to increase due to the entry into force of the united nations convention on the rights of persons with disabilities . economic operators , in particular small and medium - sized enterprises , are particularly affected by those barriers .


### member states using the possibility provided for in article 3 shall communicate to the commission the text of the main provisions of national law which they adopt to that end and shall report to the commission on the progress made in their implementation . ### member states shall report to the commission on the progress made in their implementation .


### design and production&#160 ; : the design and production of products in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities and those with age related impairments , shall be achieved by making accessible the following : the information on the use of the product provided in the product itself , which : must be available by more than one sensory channel ; must be understandable ; must be perceivable ; shall have an adequate size of fonts in foreseeable use conditions ; the packaging of the product including the information provided in it ; the product instructions for use , installation and maintenance , storage and disposal of the product which shall comply with the following : content of instruction shall be available in text formats that can be used for generating alternative assistive formats to be presented in different ways and via more than one sensory channel , and instructions shall provide alternatives to non - text content ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the interfacing of the product with assistive devices . ### design and production&#160 ; : the design and production of products in order to maximise their foreseeable use by persons with functional limitations and persons with disabilities and those with age related impairments , shall be achieved by complying with the following accessibility requirements : the information on the use of the product provided on the product itself , which : shall be understandable ; shall be perceivable ; shall have an adequate size and type of fonts with sufficient contrast between the characters and their background in order to maximise its readability in foreseeable conditions of use ; shall be made available in accessible web format and electronic non - web documents by making them perceivable , operable , understandable and robust ; the packaging of the product including the information provided in it which : shall meet the requirements laid down in point ; shall in a simple and precise way inform the users that the product incorporates accessibility features and its compatibility with assistive technologies ; the product instructions for use , installation and maintenance , storage and disposal of the product , whether provided separately or integrated within the product , which shall comply with the following : shall be made available in accessible web format and electronic non - web document by making them perceivable , operable , understandable and robust ; shall list and explain how to use the accessibility features of the product and its compatibility with a variety of assistive technologies available at union and international level ; shall be provided on alternative non - electronic formats upon request . the alternative non electronic formats may include large print , braille , or easy to read ; the user interface of the product in accordance with point 2 ; the functionality of the product by providing functions aimed to address the needs of persons with functional limitations , in accordance with point 2 ; the product shall provide compatibility with a variety of assistive devices and technologies available at union and international level , including hearing technologies , such as hearing aids , telecoils , cochlear implants , and assistive listening devices .


### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : the information content shall be available in text formats that can be used to generate alternative assistive formats to be presented in different ways by the users and via more than one sensory channel , alternatives to non - text content shall be provided ; the electronic information , including the related online applications needed in the provision of the service shall be provided in accordance with point . making websites accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; ### the provision of services in order to maximise their foreseeable use by persons with functional limitations , including persons with disabilities , shall be achieved by : providing information about the functioning of the service and about its accessibility characteristics and facilities as follows : shall be made available in accessible web format by making them perceivable , operable , understandable and robust in accordance with point , shall list and explain how to use the accessibility features of the service and its complementarity with a variety of assistive technologies . making websites and online applications needed for the provision of the service accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; making mobile - based services including mobile applications needed for the provision of ecommerce services accessible in a consistent and adequate way for users’ perception , operation and understanding , including the adaptability of content presentation and interaction , when necessary providing an accessible electronic alternative ; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at union and international level ; electronic identification , security and payment methods needed for the provision of the service shall be understandable , perceivable , operable and robust without undermining the security and privacy of the user .


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


### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 30 days after their transfer to the passenger information unit of the first member state on whose territory the international flight is landing or departing . ### member states shall ensure that the pnr data provided by the air carriers to the passenger information unit are retained in a database at the passenger information unit for a period of 7 days after their transfer .


### member states shall adopt the necessary measures to ensure that air carriers transfer the pnr data as defined in article 2 and specified in the annex , to the extent that such data are already collected by them , to the database of the national passenger information unit of the member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned . ### member states shall adopt the necessary measures to ensure that air carriers transfer the specific pnr data as defined in article 2 and pursuant to article 4 and , to the extent that such data are already collected by them in their normal course of business to the database of the national passenger information unit of a member state on the territory of which the international flight will land or from the territory of which the flight will depart . where the flight is code - shared between one or more air carriers , the obligation to transfer the pnr data of all passengers on the flight shall be on the air carrier that operates the flight . where the flight has one or more stop - overs at the airports of the member states , air carriers shall transfer the pnr data to the passenger information units of all the member states concerned .


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


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


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


### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 . however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 38 oj l 190 , 18 . 7 . 2002 , p . 1 . ### the definition of terrorist offences should be taken from the offences defined under national law and should include the travelling for the purpose of perpetrating , planning , preparing , providing or receiving training for terrorism , in accordance with united nations security council resolution 2178 and additional protocol on the council of europe convention on the prevention of terrorism . __________________ 38 oj l 190 , 18 . 7 . 2002 , p . 1 .


### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 and the number of subsequent law enforcement actions that were taken involving the use of pnr data per air carrier and destination . ### member states shall prepare a set of statistical information on pnr data provided to the passenger information units . such statistics shall as a minimum cover the total number of persons whose pnr data have been gathered , the number of identifications of any persons who may be involved in a terrorist offence or serious crime according to article 4 and the number of subsequent law enforcement actions that were taken involving the use of pnr data , the number of actual convictions that resulted from them and the number of persons found to have been wrongly marked in the use of the pnr data per air carrier and destination .


### review the feasibility and necessity of including internal flights in the scope of this directive , in the light of the experience gained by those member states that collect pnr data with regard to internal flights . the commission shall submit a report to the european parliament and the council within two years after the date mentioned in article 15 ; ### review the necessity of extending the scope of this directive . the commission shall submit a report to the european parliament and the council within two years after the date mentioned in article 15 ;


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


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


### to prevent , detect , investigate and prosecute terrorist offences and serious crime , it is therefore essential that all member states introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the member states of the european union . ### to prevent , detect , investigate and prosecute terrorist offences and serious transnational crime , it is therefore essential that all member states introduce provisions laying down obligations on air carriers operating international flights to or from the territory of the member states of the european union .


### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . these assessment criteria must be targeted , specific , justified , proportionate and fact - based . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 and regularly reviewed . the regular review shall involve the data protection officer and ensure that the assessment criteria remain targeted , specific , justified , proportionate and fact - based . the assessment criteria shall in no circumstances be based on data revealing a person ' s race or ethnic origin , political opinions , religion or philosophical beliefs , sexual orientation or gender identity , trade union membership and activities , and the processing of biometric data or of data concerning , health or sex life . the assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria .


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements , as deemed necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious crime . passenger information units shall provide the requested data as soon as practicable and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and . ### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements , as deemed necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . passenger information units shall provide the requested data as soon as practicable and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and .


### the competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the competent authorities shall not take any decision that produces a legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decision shall always include human assessment . such decisions shall not be taken on the basis of data revealing a person ' s race or ethnic origin , political opinions , religious or philosophical beliefs , sexual orientation or gender identity , trade union membership and activities , and the processing of biometric data or of data concerning health or sex life .


### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . these assessment criteria shall be targeted , specific , justified , proportional and fact - based . member states shall ensure that the assessment criteria are set by the passenger information units , and regularly re - evaluated with the involvement of the data protection officer , in cooperation with the competent authorities referred to in article 5 . this re - evaluation shall ensure that the assessment criteria remain targeted , specific , justified , proportional and fact - based . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life .


### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or serious crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any personal data that could reveal racial or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership or data concerning health or sexual life of the individual concerned . the pnr data should contain details on the passenger’s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security . ### the contents of any lists of required pnr data to be obtained by the passenger information unit should be drawn up with the objective of reflecting the legitimate requirements of public authorities to prevent , detect , investigate and prosecute terrorist offences or certain types of serious transnational crime , thereby improving internal security within the union as well as protecting the fundamental rights of citizens , notably privacy and the protection of personal data . such lists should not contain any sensitive personal data revealing a person ' s race or ethnic origin , political opinions , religion or philosophical beliefs , sexual orientation or gender identity , trade union membership and activities , and the processing of biometric data or of data concerning health or sex life . the pnr data should contain details on the passenger ' s reservation and travel itinerary which enable competent authorities to identify air passengers representing a threat to internal security .


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


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


### exchange of information under this article may take place using any existing channels for international law enforcement cooperation . the language used for the request and the exchange of information shall be the one applicable to the channel used . member states shall , when making their notifications in accordance with article 3 , also inform the commission with details of the contacts to which requests may be sent in cases of urgency . the commission shall communicate to the member states the notifications received . ### exchange of information under this article may take place using any existing channels for international law enforcement cooperation , including the secure channels provided for by europol . the language used for the request and the exchange of information shall be the one applicable to the channel used . member states shall , when making their notifications in accordance with article 3 , also inform the commission with details of the contacts to which requests may be sent in cases of urgency . the commission shall communicate to the member states the notifications received .


### pnr data are necessary to effectively prevent , detect , investigate and prosecute terrorist offences and serious crime and thus enhance internal security . ### pnr data are necessary to effectively prevent , detect , investigate and prosecute terrorist offences and serious transnational crime and thus enhance internal security .


### each member state shall adopt a list of the competent authorities entitled to request or receive pnr data or the result of the processing of pnr data from the passenger information units in order to examine that information further or take appropriate action for the purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious crime . ### each member state shall adopt a list of the competent authorities entitled to request or receive pnr data or the result of the processing of pnr data from the passenger information units in order to examine that information further or take appropriate action for the specific purpose of preventing , detecting , investigating and prosecuting terrorist offences and serious transnational crime .


### pnr data are necessary to effectively prevent , detect , investigate and prosecute terrorist offences and serious crime and thus enhance internal security . ### pnr data can contribute to effectively preventing , detecting , investigating and prosecuting terrorist offences and serious crime ; they are one of the tools which can be used to enhance internal security .


### the definition of terrorist offences should be taken from articles 1 to 4 of council framework decision 2002 / 475 / jha on combating terrorism37 . the definition of serous crime should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states38 . however , member states may exclude those minor offences for which , taking into account their respective criminal justice system , the processing of pnr data pursuant to this directive would not be in line with the principle of proportionality . the definition of serious transnational crime should be taken from article 2 of council framework decision 2002 / 584 / jha and the united nations convention on transnational organised crime . __________________ 38 oj l 190 , 18 . 7 . 2002 , p . 1 . ### the definition of terrorist offences should be taken from the offences defined under national law and should include the travelling for the purpose of perpetrating , planning , preparing , providing or receiving training for terrorism , in accordance with united nations security council resolution 2178 and additional protocol on the council of europe convention on the prevention of terrorism . the definition of serious crime applied in this directive should be taken from article 2 of council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedure between member states . __________________ 38 oj l 190 , 18 . 7 . 2002 , p . 1 .


### the transfer is necessary for the purposes of this directive specified in article 1 , and ### the transfer is strictly necessary for the purposes of this directive specified in article 1 .


### the pnr data of passengers and the result of the processing of pnr data received by the passenger information unit may be further processed by the competent authorities of the member states only for the purpose of preventing , detecting , investigating or prosecuting terrorist offences or serious crime . ### the pnr data of passengers and the result of the processing of pnr data received by the passenger information unit may be further processed by the competent authorities of the member states only for the purpose of preventing , detecting , investigating or prosecuting the specific terrorist offences or serious transnational crime for which it was requested .


### any processing of pnr data revealing a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately . ### any processing of pnr data revealing a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted without delay . to that end , upon the receipt of pnr data from air carriers , members states shall apply automated and manual controls to identify and delete sensitive data from pnr data obtained . in order to identify and delete sensitive data from pnr data retained , members of the passenger information unit shall undertake manual checks before any further manual processing and prior to any transfer of pnr data to competent authorities in accordance with article 4 , to the passenger information unit of another member state in accordance with article 7 , or to a third country in accordance with article 8 .


### each member state shall provide that the national supervisory authority established in implementation of article 25 of framework decision 2008 / 977 / jha shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the member states pursuant to the present directive . the further provisions of article 25 framework decision 2008 / 977 / jha shall be applicable . ### each member state shall provide that the national supervisory authority established in implementation of article 25 of framework decision 2008 / 977 / jha shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the member states pursuant to the present directive . the further provisions of article 25 framework decision 2008 / 977 / jha shall be applicable . in particular , the national supervisory authority must : be consulted about the appointment and dismissal of the data protection officer referred to in article 3a ; check all cases of illegal communication of data by the passenger information unit to a competent authority under article 4 , as reported by the data protection officer , and take the appropriate measures ; regularly review the processing of data by the passenger information unit in accordance with this directive , particularly on the basis of information forwarded by the passenger information unit and on - the - spot visits , in order to ensure appropriate processing of the data in accordance with the directive ; assist the persons concerned in asserting their rights to information , access , correction and deletion ; receive complaints by any person concerned regarding respect for his rights to information , access , correction and deletion , investigate the complaint to the extent necessary and inform the person concerned of the progress and results of the complaint ; conduct inquiries into breaches of data security reported by the passenger information unit .


### each member state shall provide that , in respect of all processing of personal data pursuant to this directive , every passenger shall have the same right to access , the right to rectification , erasure and blocking , the right to compensation and the right to judicial redress as those adopted under national law in implementation of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha . the provisions of articles 17 , 18 , 19 and 20 of the council framework decision 2008 / 977 / jha shall therefore be applicable . ### each member state shall provide that , in respect of all processing of personal data pursuant to this directive , every passenger shall have the same right to protection of their personal data , right to access , the right to rectification , erasure and blocking , the right to compensation and the right to judicial redress as those laid out in this directive and adopted under union law . member states shall ensure that the rights of the data subject laid down in articles 11 a to 11 m of this directive are fully respected .


### proposal for a directive of the european parliament and of the council on the use of passenger name record data for the prevention , detection , investigation and prosecution of terrorist offences and serious crime ### proposal for a directive of the european parliament and of the council on the use of passenger name record data for the prevention , detection , investigation and prosecution of terrorist offences and serious transnational crime


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


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


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements , as deemed necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious crime . passenger information units shall provide the requested data as soon as practicable and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and . ### the passenger information unit of a member state shall have the right to request , if strictly necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if strictly necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements set out as annex i , as deemed strictly necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious transnational crime . passenger information units shall provide the requested data as soon as practicable and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and .


### the passenger information unit of a member state shall have the right to request , if necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter’s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements , as deemed necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of terrorist offences or serious crime . passenger information units shall provide the requested data as soon as practicable and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and . ### the passenger information unit of a member state shall have the right to request , if strictly necessary , the passenger information unit of any other member state to provide it with pnr data that are kept in the latter ' s database in accordance with article 9 , and , if necessary , also the result of the processing of pnr data . the request for such data may be based on any one or a combination of data elements as set out in the annex , as deemed strictly necessary by the requesting passenger information unit for a specific case of prevention , detection , investigation or prosecution of a terrorist offence or a certain type of serious transnational crime . passenger information units shall provide the requested data as soon as practicable using the common protocols and supported data formats and shall provide also the result of the processing of pnr data , if it has already been prepared pursuant to article 4 and .


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


### 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 do not handle and process the data in accordance with the data protection rules laid down in this directive and in other relevant legally binding union acts , or otherwise infringe the national provisions adopted pursuant to this directive .


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


### any processing of pnr data revealing a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately . ### in accordance with article 11 a , member states shall prohibit the processing of pnr data revealing race or ethnic origin , political opinions , religion or philosophical beliefs , sexual orientation or gender identity , trade - union membership or activities , and the processing of biometric data or of data concerning health or sex life .


### any processing of pnr data revealing a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately . ### any processing of pnr data revealing a person ' s ethnic or social origin , colour , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , or sexual orientation shall be prohibited . in the event that pnr data revealing such information are received by the passenger information unit they shall be deleted immediately .


### competent authorities shall consist of authorities competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime . ### competent authorities shall consist of authorities competent for the prevention , detection , investigation or prosecution of terrorist offences and certain types of serious transnational crime .


### the competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decisions shall not be taken on the basis of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the competent authorities shall not take any decision that produces a legal effect on a person or significantly affects a person only by reason of the automated processing of pnr data . such decision shall always include human assessment . such decisions shall not be taken on the basis of data revealing a person ' s race or ethnic origin , political opinions , religious or philosophical beliefs , sexual orientation or gender identity , trade union membership and activities , and the processing of biometric data or of data concerning health or sex life .


### each member state should be responsible for assessing the potential threats related to terrorist offences and serious crime . ### each member state should be responsible for assessing the potential threats related to terrorist offences and serious transnational crime .


### each member state shall provide that the national supervisory authority established in implementation of article 25 of framework decision 2008 / 977 / jha shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the member states pursuant to the present directive . the further provisions of article 25 framework decision 2008 / 977 / jha shall be applicable . ### each member state shall provide that the national supervisory authority or authorities established in implementation of article 25 of framework decision 2008 / 977 / jha shall also be responsible for advising on and monitoring the application within its territory of the provisions adopted by the member states pursuant to the present directive . the further provisions of article 25 framework decision 2008 / 977 / jha shall be applicable .


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


### each member state shall notify the list of its competent authorities to the commission twelve months after entry into force of this directive at the latest , and may at any time update its declaration . the commission shall publish this information , as well as any updates , in the official journal of the european union . ### each member state shall notify the list of its competent authorities to the commission twelve months after entry into force of this directive at the latest , and shall at any time update its declaration to ensure the list is up - to - date . the commission shall publish this information , as well as any updates , in the official journal of the european union .


### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 . the assessment criteria shall in no circumstances be based on a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### the assessment of the passengers prior to their scheduled arrival or departure from the member state referred to in point of paragraph 2 shall be carried out in a non - discriminatory manner on the basis of assessment criteria established by its passenger information unit . these assessment criteria must be targeted , specific , justified , proportionate and fact - based . member states shall ensure that the assessment criteria are set by the passenger information units , in cooperation with the competent authorities referred to in article 5 and regularly reviewed . the regular review shall involve the data protection officer and ensure that the assessment criteria remain targeted , specific , justified , proportionate and fact - based . the assessment criteria shall in no circumstances be based on data revealing a person ' s race or ethnic origin , political opinions , religion or philosophical beliefs , sexual orientation or gender identity , trade union membership and activities , and the processing of biometric data or of data concerning , health or sex life . the assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria .


### the result of matching referred to in article 4 and shall be kept by the passenger information unit only as long as necessary to inform the competent authorities of a positive match . where the result of an automated matching operation has , further to individual review by non - automated means , proven to be negative , it shall , however , be stored so as to avoid future ‘ false’ positive matches for a maximum period of three years unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of the five years , in which case the log shall be kept until the underlying data are deleted . ### the result of matching referred to in article 4 and shall be kept by the passenger information unit only as long as necessary to inform the competent authorities of a positive match . where the result of an automated matching operation has , subject to human intervention by a member of the passenger information unit , proven to be negative , it shall , however , be stored so as to avoid future ' false ' positive matches for a maximum period of one year unless the underlying data have not yet been deleted in accordance with paragraph 3 at the expiry of one year , in which case the log shall be kept until the underlying data are deleted .


### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : the conditions laid down in article 13 of council framework decision 2008 / 977 / jha are fulfilled , the transfer is necessary for the purposes of this directive specified in article 1 , and the third country agrees to transfer the data to another third country only where it is necessary for the purposes of this directive specified in article 1 and only with the express authorisation of the member state . ### a member state may transfer pnr data and the results of the processing of pnr data to a third country , only on a case - by - case basis and if : the transfer is necessary for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; the receiving authority in the third country or receiving international body is responsible for the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties ; the member state from which the data were obtained has given its consent to transfer in compliance with its national law ; the third country or international body concerned ensures an adequate level of protection for the intended data processing ; the transfer is necessary for the purposes of this directive specified in article 1 ; and the third country receiving the data agrees to transfer the data to another third country only where it is necessary for the purposes of this directive specified in article 1 and only with the express authorisation of the member state . 1a . transfer of pnr data without prior consent in accordance with point of paragraph 1 shall be permitted only if such transfer is essential for the prevention of an immediate and serious threat to public security of a member state or a third country or to essential interests of a member state and the prior consent cannot be obtained in good time . the authority responsible for giving consent shall be informed without delay . 1b . by way of derogation from point of paragraph 1 , personal data may be transferred if : the national law of the member state transferring the data so provides because of : the legitimate specific interests of the data subject ; or legitimate prevailing interests , in particular important public interests ; or the third country or receiving international body provides safeguards which are deemed adequate by the member state concerned according to its national law . 1c . the adequacy of the level of protection referred to in point of paragraph 1 shall be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations . particular consideration shall be given to the nature of the data , the purpose and duration of the proposed processing operation or operations , the member state transferring the data and the country or international body of final destination of the data , the rules of law , both general and sectoral , in force in the third country or international body in question and the professional rules and security measures which apply . 1d . member states shall transfer pnr to competent government authorities of third countries only under terms consistent with this directive and only upon ascertaining that the use that the recipient intends to make of the pnr is consistent with those terms . 1e . save in emergency circumstances , any such transfer of data from one third country to another shall take place pursuant to an express understanding incorporating data privacy protections comparable to those applied to pnr by member states as provided for in this directive . 1f . where a member state is aware that pnr data relating to a citizen or a resident of a member state are being transferred to a third country , the competent authorities of the member state concerned shall be informed of the matter at the earliest appropriate opportunity . 1g . when pnr data is being transferred to a third country pursuant to this directive , the safeguards set out in paragraphs 1 to 1c shall be complied with .


### review the feasibility and necessity of including internal flights in the scope of this directive , in the light of the experience gained by those member states that collect pnr data with regard to internal flights . the commission shall submit a report to the european parliament and the council within two years after the date mentioned in article 15 ; ### review the necessity of extending the scope of this directive . the commission shall submit a report to the european parliament and the council within two years after the date mentioned in article 15 ;


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


### upon expiry of the period of 30 days after the transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be masked out . such anonymised pnr data shall be accessible only to a limited number of personnel of the passenger information unit specifically authorised to carry out analysis of pnr data and develop assessment criteria according to article 4 . access to the full pnr data shall be permitted only by the head of the passenger information unit for the purposes of article 4 and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution . ### upon expiry of the period of 2 days after the first transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be retained at the passenger information unit for a further period of one year . during this period , all data elements which could serve to identify the passenger to whom pnr data relates shall be depersonalised through masking out in accordance with article 9a .


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


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


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


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


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


### taking fully into consideration the right to the protection of personal data and the right to non - discrimination , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken by reason of a person’s race or ethnic origin , religious or philosophical belief , political opinion , trade union membership , health or sexual life . ### taking fully into consideration the right to the protection of personal data and the right to non - discrimination in accordance with directive 95 / 46 / ec of the european parliament and of the council1a and articles 8 and 21 of the charter of fundamental rights of the european union , no decision that produces an adverse legal effect on a person or seriously affects him / her should be taken only by reason of the automated processing of pnr data . moreover , no such decision should be taken on grounds of a person’s sex , race , colour , ethnic or social origin , genetic features , language , religious or philosophical belief , political opinion , trade union membership , membership of a national minority , property , birth , disability , age , health or sexual orientation . __________________ 1a directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data .


### the transfer is necessary for the purposes of this directive specified in article 1 , and ### the transfer is strictly necessary for the purposes of this directive specified in article 1 , and


### responding , on a case - by - case basis , to duly reasoned requests from competent authorities to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious crime , and to provide the competent authorities with the results of such processing ; and ### responding , on a case - by - case basis , to duly reasoned requests from competent authorities to provide pnr data and process pnr data in specific cases for the purpose of prevention , detection , investigation and prosecution of a terrorist offence or serious transnational crime , and to provide the competent authorities with the results of such processing ; and


### upon expiry of the period of 30 days after the transfer of the pnr data to the passenger information unit referred to in paragraph 1 , the data shall be retained at the passenger information unit for a further period of five years . during this period , all data elements which could serve to identify the passenger to whom pnr data relate shall be masked out . such anonymised pnr data shall be accessible only to a limited number of personnel of the passenger information unit specifically authorised to carry out analysis of pnr data and develop assessment criteria according to article 4 . access to the full pnr data shall be permitted only by the head of the passenger information unit for the purposes of article 4 and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk or a specific investigation or prosecution . ### upon expiry of the period of 30 days after the first transfer of the pnr data to any passenger information unit , the data shall be deleted . this obligation shall be without prejudice to cases where specific pnr data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions , in which case the retention of such data by the competent authority shall be regulated by the national law of the member state .


### all processing of pnr data by air carriers , all transfers of pnr data by passenger information units and all requests by competent authorities or passenger information units of other member states and third countries , even if refused , shall be logged or documented by the passenger information unit and the competent authorities for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of data processing , in particular by the national data protection supervisory authorities . these logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with article 9 at the expiry of those five years , in which case the logs shall be kept until the underlying data are deleted . ### all processing of pnr data , all transfers of pnr data by passenger information units and all requests by competent authorities or passenger information units of other member states and third countries , even if refused , shall be logged or documented by the passenger information unit and the competent authorities for the purposes of verification of the lawfulness of the data processing , self - monitoring and ensuring proper data integrity and security of data processing , in particular by the national data protection supervisory authorities . these logs shall be kept for a period of five years unless the underlying data have not yet been deleted in accordance with article 9 at the expiry of those five years , in which case the logs shall be kept until the underlying data are deleted .