Suspects or accused persons or their lawyers should have the right to challenge, in accordance with national law, the possible failure or refusal of the competent authorities to provide information or to disclose certain materials of the case in accordance with this Directive.

The Commission draws up a list of basic provisions compliance with which calls for EU action: Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which lays down the "right to a fair trial"; Article 47 of the Charter of Fundamental Rights, which refers to the "right to an effective remedy and to a fair trial"; and various other international treaty provisions.

The reason for this presumption is the fact that the activities of SMEs are normally local or at most regional in nature.

2. With regard to public enterprises and enterprises to which special or exclusive rights have been granted, the Association Committee shall ensure that, following the date of entry into force of this Agreement, there is neither enacted nor maintained any measure distorting trade in goods or services between the Parties to an extent contrary to the Parties' interests and that such enterprises shall be subject to the rules of competition insofar as the application of such rules does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.

(4) The resale right forms an integral part of copyright and is an essential prerogative for authors.

Having said that, the EDPS draws attention to the fact that all these requirements regarding proportionality and necessity are derived from the existing EU law (in particular the Charter of Fundamental Rights which is now part of EU primary law) and the well-established jurisprudence of the European Court of Human Rights.