### 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 one or more public authorities are responsible for monitoring the application of the provisions adopted pursuant to this directive and for contributing to its consistent application throughout the union , in order to protect the fundamental rights and freedoms of natural persons in relation to the processing of their personal data . 2 . member states shall ensure that the supervisory authority acts with complete independence in exercising the duties and powers entrusted to it . 3 . each member state shall provide that the members of the supervisory authority , in the performance of their duties , neither seek nor take instructions from anybody , and maintain complete independence and impartiality . 4 . each member state shall ensure that the supervisory authority is provided with the adequate human , technical and financial resources , premises and infrastructure necessary for the effective performance of its duties and powers . 5 . each member state shall ensure that the supervisory authority must have its own staff which shall be appointed by and subject to the direction of the head of the supervisory authority .


### each member state shall provide that the provisions adopted under national law in implementation of articles 21 and 22 of the council framework decision 2008 / 977 / jha regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this directive ### each member state shall provide that the provisions adopted under national law in implementation of article 21 of the council framework decision 2008 / 977 / jha regarding confidentiality of processing shall also apply to all processing of personal data pursuant to this directive .


### analysing pnr data for the purpose of updating or creating new criteria for carrying out assessments in order to identify any persons who may be involved in a terrorist offence or serious transnational crime pursuant to point . ### analysing pnr data for the purpose of updating or creating new criteria for carrying out assessments in order to identify any persons who may be involved in a terrorist offence or serious crime pursuant to point .


### 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 .


### 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 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 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 .


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


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


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


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


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


### 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 .


### 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 .


### the processing of pnr data domestically in each member state by the passenger information unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with framework decision 2008 / 977 / jha of 27 november 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters41 . __________________ 41 oj l 350 , 30 . 12 . 2008 , p . 60 . ### the processing of pnr data domestically in each member state by the passenger information unit and by competent authorities should be subject to a standard of protection of personal data under their national law which is in line with the european data protection acquis , including the specific data protection requirements set out in this directive . __________________ 41 oj l 350 , 30 . 12 . 2008 , p . 60 .


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


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . the passenger information unit is also responsible for the exchange of pnr data or the result of the processing thereof with passenger information units of other member states in accordance with article 7 , and for the transfer of pnr data or the results of the processing thereof to europol in accordance with article 7a . its staff members may be seconded from competent public authorities .


### 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 .


### 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 , no decision that produces a 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 , 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 .


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


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


### ‘ push method’ means the method whereby air carriers transfer the required pnr data into the database of the authority requesting them ; ### ‘ push method’ means the method whereby air carriers transfer their collected pnr data listed in the annex to this directive into the database of the authority requesting them ;


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


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


### 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 the secure information exchange network application provided by europol . the language used for the request and the exchange of information shall be the one applicable to the secure information exchange network provided by europol . when exchanging information in accordance with this article , member states shall provide europol with a copy of the exchange of information , in so far as europol needs that information in order to fulfil its objectives under council decision 2009 / 371 / jha . 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 .


### taking into account the right of passengers to be informed of the processing of their personal data , member states should ensure they are provided with accurate information about the collection of pnr data and their transfer to the passenger information unit . ### taking into account the right of passengers to be informed of the processing of their personal data , member states should ensure they are provided with accurate information that is easily accessible and easy to understand about the collection of pnr data and their transfer to the passenger information unit .


### 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


### 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 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 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 .


### pnr data help law enforcement authorities prevent , detect , investigate and prosecute serious crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to construct evidence and , where relevant , to find associates of criminals and unravel criminal networks . ### pnr data may help law enforcement authorities prevent , detect , investigate and prosecute certain types of serious transnational crimes , including acts of terrorism , by comparing them with various databases of persons and objects sought , to find necessary evidence and , where relevant , to find associates of criminals and unravel criminal networks .


### 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 .


### undertake a review of the operation of this directive and submit a report to the european parliament and the council within four years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period and the quality of the assessments . it shall also contain the statistical information gathered pursuant to article 18 . ### undertake a review of the operation of this directive and submit a report to the european parliament and the council within two years after the date mentioned in article 15 . such review shall cover all the elements of this directive , with special attention to the compliance with standard of protection of personal data , the length of the data retention period , the quality of the assessments and avoidance of discrimination . it shall also contain the statistical information gathered pursuant to article 18 .


### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members may be seconded from competent public authorities . ### each member state shall set up or designate an authority competent for the prevention , detection , investigation or prosecution of terrorist offences and serious transnational crime or a branch of such an authority to act as its ' passenger information unit ' responsible for collecting pnr data from the air carriers , storing them , analysing them and transmitting the result of the analysis to the competent authorities referred to in article 5 . its staff members shall be persons of proven integrity and competence and may be seconded from competent public authorities . an independent data protection officer shall be appointed from among the staff of the passenger information unit and given responsibility for overseeing the work of the unit and in particular for checking that transfers of data to the competent authorities are performed in full compliance with the limits laid down in this directive and in framework decision 2008 / 977 / jha and for reporting any infringements to the national supervisory authority .


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


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


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


### member states shall ensure that air carriers , their agents or other ticket sellers for the carriage of passengers on air service inform passengers of international flights at the time of booking a flight and at the time of purchase of a ticket in a clear and precise manner about the provision of pnr data to the passenger information unit , the purposes of their processing , the period of data retention , their possible use to prevent , detect , investigate or prosecute terrorist offences and serious crime , the possibility of exchanging and sharing such data and their data protection rights , in particular the right to complain to a national data protection supervisory authority of their choice . the same information shall be made available by the member states to the public . ### member states shall ensure that the passenger information unit provides the data subject with at least the information laid down in article 11 b .


### 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 .


### 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 .


### 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 .


### 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 .


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


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


### the 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 .


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


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


### 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 in accordance with article 4a and from passenger information units from other member states in accordance with article 7 .


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


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


### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the eu declaration of conformity or a simplified eu declaration of conformity , and that it is accompanied by the instructions set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 . ### before making ppe available on the market , distributors shall verify that it bears the ce marking , is accompanied by the required documents , by the instructions and other information set out in point 1 . 4 of annex ii in a language which can be easily understood by end - users in the member state in which ppe is to be made available on the market and that the manufacturer and the importer have complied with the requirements set out in article 8 and and article 10 .


### equipment intended to be worn or held by a person for protection against one or more risks for his or her health or safety that is placed on the market separately or combined with personal non - protective equipment ; ### equipment designed and manufactured to be worn or held by a person for protection against one or more risks for his or her health or safety that is placed on the market separately or combined with personal non - protective equipment ;


### a conformity assessment body shall be established under national law and have legal personality . ### a conformity assessment body shall be established under national law of each member state and have legal personality .


### in order to ensure compliance with the essential safety requirements , it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer . directive 89 / 686 / eec classifies ppe into three categories that are subject to different conformity assessment procedures . in order to ensure a consistently high level of safety for all ppe , the list of products subject to one of the conformity assessment procedures relating to the production phase should be enlarged . the conformity assessment procedures for each category of ppe should be set , as far as possible , on the basis of the conformity assessment modules laid down in decision no 768 / 2008 / ec . ### in order to ensure compliance with the essential health and safety requirements , it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer . directive 89 / 686 / eec classifies ppe into three categories that are subject to different conformity assessment procedures . in order to ensure a consistently high level of safety for all ppe , the list of products subject to one of the conformity assessment procedures relating to the production phase should be enlarged . the conformity assessment procedures for each category of ppe should be set , as far as possible , on the basis of the conformity assessment modules laid down in decision no 768 / 2008 / ec .


### manufacturers shall indicate , on the ppe , their name , registered trade name or registered trade mark and the postal address at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the ppe . the address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in a language easily understood by end - users and market surveillance authorities . ### manufacturers shall indicate , on the ppe , their name , registered trade name or registered trade mark and the postal address at which they can be contacted or , where that is not possible , on its packaging or in a document accompanying the ppe . the address shall indicate a single point at which the manufacturer can be contacted . the contact details shall be in a language easily understood by consumers and other end - users and market surveillance authorities .


### importers shall ensure that the ppe is accompanied by the instructions referred to in point 1 . 4 of annex ii in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned . ### importers shall ensure that the ppe is accompanied by the instructions and other information referred to in point 1 . 4 of annex ii in a language which can be easily understood by consumers and other end - users , as determined by the member state concerned .


### an importer or distributor shall be considered a manufacturer for the purposes of this regulation and he shall be subject to the obligations of the manufacturer set out in article 8 where he places ppe on the market under his name or trademark or modifies ppe already placed on the market in such a way that the conformity with the applicable essential health and safety requirements set out in annex ii may be affected . ### an importer or distributor shall be considered a manufacturer for the purposes of this regulation and he shall be subject to the obligations of the manufacturer set out in article 8 where he places ppe on the market under his name or trademark or modifies ppe already placed on the market in such a way that compliance with this regulation may be affected .


### importers shall indicate , on the ppe , their name , registered trade name or registered trade mark and the postal address at which they can be contacted , or where that is not possible , on its packaging or in a document accompanying the ppe . the contact details shall be in a language easily understood by end - users and market surveillance authorities . ### importers shall indicate , on the ppe , their name , registered trade name or registered trade mark and the postal address at which they can be contacted , or where that is not possible , on its packaging or in a document accompanying the ppe . the contact details shall be in the official language of the end - users and market surveillance authorities .


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


### during demonstrations , adequate measures shall be taken to ensure the protection of persons . ### during demonstrations and time - limited field tests , adequate measures shall be taken to ensure the protection of persons and to raise their awareness . a ' for field test only ' marking shall be clearly and indelibly affixed to the ppe .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by establishing a common methodology for data collection and processing , which will be available to the public , and by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report .


### reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among a level playing field between member states . therefore , when preparing the reports on compliance with the targets set out in these directives , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among a level playing field between member states . therefore , when preparing the reports on compliance with the targets set out in these directives , member states should be required to use the common methodology for data collection and processing developed by the commission in cooperation with the national statistical offices of the member states .


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


### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy . ### waste management in the union should be improved , with a view to protecting , preserving and improving the quality of the environment , protecting human health , ensuring prudent and rational utilisation of natural resources and promoting a more circular economy , increasing energy efficiency and reducing the union&#180 ; s dependence .


### liquefied natural gas is an available alternative fuel to diesel for heavy duty vehicles . the deployment of current and upcoming more innovative lng - based technologies will contribute to meeting the co2 emission targets in the short and medium term as the use of lng technologies leads to lower co2 emissions as compared to diesel vehicles . the co2 emission reduction potential of lng vehicles is already fully reflected in vecto . in addition , current lng technologies ensure a low level of air pollutant emissions such as nox and particulate matters . a sufficient minimum refuelling infrastructure is also in place and being further deployed as part of national policy frameworks for alternative fuel infrastructure . ### there is a whole range of alternative fuels , each with advantages and disadvantages , for which markets are maturing to varying degrees . liquefied natural gas is an available alternative fuel to diesel for heavy duty vehicles but can be a fossil fuel , in which case preference should be given to renewables . the same applies to cng . hydrogen - based technologies are also an interesting avenue for research and development , provided that the energy for synthesis comes from sustainable and renewable sources . can be a fossil fuel , in which case preference should be given to renewables . the deployment of technologies based on alternative and innovative fuels will contribute to meeting the co2 reduction targets in the short and medium term . the co2 emission reduction potential of vehicles using the entire range of alternative fuels must be fully reflected in vecto . a sufficient minimum refuelling infrastructure is also in place and being further deployed as part of national policy frameworks for alternative fuel infrastructure .


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


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


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


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


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


### the reports referred to in paragraph 1 may include an evaluation of the environmental and socioeconomic impacts of this directive . ### the reports referred to in paragraph 1 shall include an evaluation of the environmental and socioeconomic impacts of this directive .


### berec and the berec office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications . notwithstanding , there are still significant disparities between member states as regards regulatory practice . moreover , the governance structure of berec and the berec office is cumbersome and gives rise to unnecessary administrative burden . in order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the union as well as to the promotion of access to , and take - up of , very high capacity data connectivity , competition in the provision of electronic communications networks , services and associated facilities and the interests of the citizens of the union , this regulation aims to strengthen the role of berec and enhance its governance structure by establishing berec as a union decentralised agency . this also corresponds to the need to reflect the significantly enhanced role played by berec following regulation no 531 / 2012 which establishes tasks for berec in relation to union - wide roaming , regulation no 2015 / 2120 which establishes tasks for berec in relation to open internet access and union - wide roaming , and the directive which establishes a significant number of new tasks for berec such as issuing decisions and guidelines on several topics , reporting on technical matters , keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum . ### berec and the berec office have made a positive contribution towards a consistent implementation of the regulatory framework for electronic communications . nonetheless , there are still significant disparities between member states as regards regulatory practice . moreover , the governance structure of berec and the berec office is cumbersome and gives rise to unnecessary administrative burdens . in order to ensure efficiency gains and synergies and to further contribute to the development of the internal market for electronic communications throughout the union as well as to the promotion of access to , and take - up of , very high capacity data connectivity , of competition in the provision of electronic communications networks , services and associated facilities and of the interests of the citizens of the union , this regulation aims to strengthen the role of berec and enhance its governance structure by establishing berec as a union decentralised agency . this also corresponds to the need to reflect the significantly enhanced role played by berec under regulation no 531 / 2012 which establishes tasks for berec in relation to union - wide roaming , regulation no 2015 / 2120 which establishes tasks for berec in relation to open internet access and union - wide roaming , and the directive which establishes a significant number of new tasks for berec such as issuing decisions and guidelines in several areas , reporting on technical matters , keeping registers and delivering opinions on internal market procedures for draft national measures on market regulation as well as on assignments of rights of use for radio spectrum .


### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list of experts drawn up by the commission and by the representatives of the member states following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency .


### the management board shall be composed of one representative from each member state and two representatives of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra . ### the management board shall be composed of one representative from each member state and one representative of the commission , all with voting rights . each nra shall be responsible for nominating its respective representative amongst the head or members of the collegiate body of the nra .


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


### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry the relevant functions and should consist , in addition of two representatives of the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by dismissal requirements . ### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry the relevant functions and should consist , in addition of the representative of the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by dismissal requirements .


### before appointment , the candidate selected by the management board may be invited to make a statement before the competent committee of the european parliament and to answer questions put by its members . ### before appointment , the candidate selected by the management board shall obtain the consent of the competent committee of the european parliament .


### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry the relevant functions and should consist , in addition of two representatives of the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by dismissal requirements . ### compared to the situation in the past where both a board of regulators and a management committee were running in parallel , having a single board giving general orientations for the activities of berec , deciding on regulatory and operational as well as on administrative and budgetary management matters should help improving the efficiency , coherence and performance of the agency . to this end , the management board should carry out the relevant functions and should consist , in addition , of two representatives of the commission , of the head , or otherwise a member of the collegiate body , of each nra , who are protected by the requirements governing dismissal from post laid down in article 7 of the directive .


### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigourous evaluation of the candidates and a high level of independence . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency . ### the role of the executive director , who would be the legal representative of berec , is crucial for the adequate functioning of the new agency and the implementation of the tasks assigned to it . the management board should appoint him / her on the basis of a list drawn up by the commission following an open and transparent selection procedure in order to guarantee a rigorous evaluation of the candidates and a high level of independence . the candidate should obtain the consent of the european parliament to take office . moreover , in the past the term of office of the administrative manager of the berec office was three years . it is necessary that the executive director has a sufficiently long mandate in order to ensure stability and delivery of a long - term strategy for the agency .


### this directive aims to criminalise money laundering when committed intentionally . intention and knowledge may be inferred from objective , factual circumstances . as this directive provides for minimum rules , member states are free to adopt or maintain more stringent criminal law rules for money laundering . member states may , for example , provide that money laundering committed recklessly or by serious negligence constitutes a criminal offence . ### this directive aims to criminalise money laundering when committed intentionally or by negligence or recklessness when the offender has a contractual relationship and a responsibility towards an obliged entity or is an obliged entity within the meaning of article 2 of directive 2015 / 849 / eu . intention , knowledge and negligent behaviour may be inferred from objective , factual circumstances . in this context it does not make a difference whether the property has been derived directly or indirectly from a certain criminal activity , in line with the broad definition of “proceeds” , as laid down in directive 2014 / 42 / eu . as this directive provides for minimum rules , member states are free to adopt or maintain more stringent criminal law rules for money laundering .


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


### each member state shall ensure that legal persons can be held liable for any of the offences referred to in articles 3 and 4 committed for the benefit of those legal persons by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on : ### each member state shall ensure that legal persons can be held liable for any of the offences referred to in articles 3 and 4 committed for their benefit or for the benefit of other natural or legal persons by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on :


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


### in order for an offence referred to in paragraph 1 to be punishable , it shall not be necessary to establish : ### in order for an offence referred to in paragraph 1 and 1a to be punishable , it shall not be necessary to establish :


### in order for an offence referred to in paragraph 1 to be punishable , it shall not be necessary to establish : ### for the purpose of implementing paragraph 1 , each member state shall ensure that :


### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country . member states may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law , had it been committed there . ### in order for money laundering to be an effective tool against organised crime , it should not be necessary to identify the specifics of the crime that generated the property , let alone require a prior or simultaneous conviction for that crime . prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another member state or third country , provided it is a criminal offence in that member state or third country , subject to the conditions set out in this directive .


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


### the identity of the perpetrator of the criminal activity that generated the property or other circumstances relating to that criminal activity ; ### the identity of the perpetrator of the criminal activity that generated the property ;


### member states shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for the benefit of that legal person by a person under its authority . ### member states shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for their benefit or for the benefit of a third person by a person under its authority .


### tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity , in line with the revised fatf recommendations . given that different tax offences may in each member state constitute a criminal activity punishable by means of the sanctions referred to in this directive , definitions of tax crimes may diverge in national law . however no harmonisation of the definitions of tax crimes in member states’ national law is sought . ### tax crimes relating to direct and indirect taxes should be included in the definition of criminal activity , in line with the revised fatf recommendations . given that different tax offences may in each member state constitute a criminal activity punishable by means of the sanctions referred to in this directive , definitions of tax crimes may diverge in national law . no harmonisation of the definitions of tax crimes in member states’ national law is sought , however , for the purposes of this directive , any form of tax fraud or evasion shall be covered , regardless of thresholds in national law requiring the existence of a significant amount of undeclared amounts or unpaid taxes or the systematic use of fraudulent manoeuvres .


### member states shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for the benefit of that legal person by a person under its authority . ### member states shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in articles 3 and 4 for their benefit or for the benefit of other natural or legal persons by a person under its authority .


### whether the criminal activity that generated the property was carried out in the territory of another member state or in that of a third country , when the relevant conduct is a criminal offence under the national law of the member state or the third country where the conduct was committed and would be a criminal offence under the national law of the member state implementing or applying this article had it been committed there ; ### whether the criminal activity that generated the property was carried out in the territory of another member state or in that of a third country , when the relevant conduct is a criminal activity under the national law of the member state implementing or applying this article had it been committed there . member states may , however , require that the relevant conduct , insofar as it does not fall within the categories of crimes referred to in article 2 points to , constitutes a criminal offence under the national law of the other member state or the third country where the conduct was committed .


### for most carcinogens and mutagens , it is not scientifically possible to identify levels below which exposure would not lead to adverse effects . while setting the limit values at the workplace in relation to carcinogens and mutagens pursuant to directive 2004 / 37 / ec does not completely eliminate risks to the health and safety of workers arising from exposure at work , it nonetheless contributes to a significant reduction of risks arising from such exposure in the stepwise and goal - setting approach pursuant to directive 2004 / 37 / ec . for other carcinogens and mutagens , it may be scientifically possible to identify levels below which exposure is not expected to lead to adverse effects . ### for most carcinogens and mutagens , it is not scientifically possible to identify levels below which exposure would not lead to adverse effects . while setting the limit values at the workplace in relation to carcinogens and mutagens pursuant to directive 2004 / 37 / ec does not completely eliminate risks to the health and safety of workers arising from exposure at work , it nonetheless contributes to a significant reduction of risks arising from such exposure in the stepwise and goal - setting approach pursuant to directive 2004 / 37 / ec .


### with regard to cadmium , a limit value of 0 , 001 mg / m3 may be difficult to be complied with in some sectors in the short term . a transitional period of seven years should therefore be introduced during which the limit value 0 , 004 mg / m3 should apply . ### with regard to cadmium , a limit value of 0 , 001 mg / m3 may be difficult to be complied with in some sectors in the short term . a transitional period of five years should therefore be introduced during which the limit value of 0 , 004 mg / m3should apply .


### this regulation sets up a mechanism to allow for the application in one member state , with regard to a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project . ### this regulation sets up a voluntary mechanism to allow for the application in one member state , with regard to a single joint project in a cross - border region , of the legal provisions from another member state , where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint project .


### by dd mm yyyy [ i . e . the 1st of the month following the entry into force of this regulation + five years ; to be filled in by the publication office ] , the commission shall present a report to the european parliament , the council and the committee of the regions assessing the application of this regulation based on indicators on its effectiveness , efficiency , relevance , european added value and scope for simplification . ### by dd mm yyyy [ i . e . the 1st of the month following the entry into force of this regulation + three years ; to be filled in by the publication office ] , the commission shall present a report to the european parliament , the council and the committee of the regions assessing the application of this regulation based on indicators on its effectiveness , efficiency , relevance , european added value and scope for simplification .


### where member states restrict the number of customs offices competent to release cultural goods for free circulation or to place them under a special procedure other than transit , they shall communicate the details of those customs offices as well as any changes in that respect to the commission . ### member states may restrict the number of customs offices competent to allow the import of cultural goods . where member states apply that restriction , they shall communicate the details of those customs offices as well as any changes in that respect to the commission .


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


### since certain categories of cultural goods , namely archaeological objects , elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the presentation of a licence issued by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay . ### since certain categories of cultural goods , such as archaeological objects , elements of monuments , pieces of jewellery art , numismatic objects , artefacts of ancient technological achievements , rare manuscripts and incunabula , are particularly vulnerable to pillage and destruction , it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the union . such a system should require the production of a licence issued electronically by the competent authority of the member state of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . persons seeking to obtain such a licence should be able to prove licit export from the source country in accordance with its laws and regulations with the appropriate supportive documents and evidence , in particular , export certificates or licences issued by the third country of export , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals . based on complete and accurate applications , the competent authorities of the member states should decide whether to issue a licence without undue delay , taking due account of the availability of relevant information and following the principle of proportionality . persons submitting an application should not be charged a fee in relation to their application . the decisions of the competent authorities should be communicated immediately to the relevant customs offices .


### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex and meets the minimum age threshold specified therein ; ### ' cultural goods ' means any object which is of importance for archaeology , prehistory , history , literature , art or science and which belongs to the categories listed in the table in annex ;


### the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations . however , where the export country is a contracting party to the unesco convention on cultural property , the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations . ### the importer statement shall consist in : a declaration signed by the declarant of the goods that the goods have been exported from the source country in accordance with its laws and regulations ; b ) a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities ; c ) the export certificates or licences issued by the source country , providing evidence that the cultural goods in question were exported from the source country in accordance with its laws and regulations . in case the source country’s legislation does not foresee the issue of export licences or certificates , the importer statement shall contain appropriate supportive documents and evidence , such as , inter - alia , ownership titles , invoices , sales contracts , insurance documents , transport documents and experts appraisals .