### supplementary information shall be exchanged in accordance with the provisions of the sirene manual and using the communication infrastructure . member states shall provide the necessary technical and personal resources to ensure the continuous availability and exchange of supplementary information . in the event that the communication infrastructure is unavailable , member states may use other adequately secured technical means to exchange supplementary information . ### supplementary information shall be exchanged by the sirene bureaux in accordance with the provisions of the sirene manual and using the communication infrastructure set out in article 4 . member states shall provide the necessary technical and personal resources to ensure the continuous availability and quick and efficient exchange of supplementary information . in the event that the communication infrastructure is unavailable , member states may use other adequately secured technical means to exchange supplementary information . where supplementary information concerns a serious crime or a terrorist offence , europol ' s secure information exchange network application shall be the preferred technical backup tool .


### detailed rules for the exchange of supplementary information shall be adopted by means of implementing measures in accordance with the examination procedure referred to in article 55 in the form of a manual called the ‘ sirene manual’ . ### the commission shall be empowered to adopt a delegated act in accordance with article 54a concerning the adoption of a manual containing detailed rules for the bilateral or multilateral exchange of supplementary information . since some technical rules have a direct impact on the work of users in the member states , including the sirene bureaux , those rules should be included in the sirene manual . therefore annexes to the manual shall set out , inter alia , rules on transliteration , code tables , forms for communication of supplementary information and other technical application measures for data processing . the commission shall be empowered to adopt an implementing act in accordance with the procedure referred to in article 55 for establishing those rules .


### deny unauthorised persons access to data - processing facilities used for processing personal data ; ### deny unauthorised persons access to data - processing equipment and facilities used for processing personal data ;


### the logs shall show , in particular , the history of the alerts , the date and time of the data transmitted , the type of data used to perform searches , the reference to the type of data transmitted and the name of the competent authority responsible for processing the data . ### the logs shall show , in particular , the history of the alerts , the date and time of the data transmitted , the type of data used to perform searches , the reference to the type of data transmitted and the name of the competent authority and of the person responsible for processing the data .


### before being authorised to process data stored in sis and periodically after access to sis data has been granted , the staff of the authorities having a right to access sis shall receive appropriate training about data - security , data - protection rules and the procedures on data processing as set out in the sirene manual . the staff shall be informed of any relevant criminal offences and penalties . ### before being authorised to process data stored in sis and periodically after access to sis data has been granted , the staff of the authorities having a right to access sis shall receive appropriate training about data - security , data - protection rules and the procedures on data processing as set out in the sirene manual . the staff shall be informed of any relevant criminal offences and penalties . 2 . national standards for training users on data quality principles and practice should be established in cooperation with the national sirene bureau . member states may call upon the staff of the sirene bureaux to be involved in the training of all authorities entering alerts , stressing data quality and maximisation of the use of sis ii . 3 . member states are encouraged to take appropriate measures to avoid loss of qualification and experience caused by staff turnover . 4 . common training courses shall be organised at least once a year , to enhance cooperation between sirene bureaux by allowing staff to meet colleagues from other sirene bureaux , share information on national working methods and create a consistent and equivalent level of knowledge . the delivery of training should be in compliance with the sirene trainers manual . 5 . to the extent possible , sirene bureaux should also provide for staff exchanges with other sirene bureaux at least once a year . 6 . the agency shall perform tasks related to training on the use of sis ii , in particular for sirene staff in accordance with article 3 of regulation no 1077 / 2011 .


### the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall regularly carry out campaigns informing the public about the objectives of sis , the data stored , the authorities having access to sis and the rights of data subjects . member states shall , in cooperation with their national supervisory authorities , devise and implement the necessary policies to inform their citizens about sis generally . ### the commission , in cooperation with the national supervisory authorities and the european data protection supervisor , shall regularly , and at least once a year , carry out campaigns informing union citizens and third - country nationals about the objectives of sis , the data stored , the authorities having access to sis and the rights of data subjects . member states shall , in cooperation with their national supervisory authorities , devise and implement the necessary policies to inform people residing in their territory about sis generally .


### without prejudice to article&#160 ; 8 or the provisions of this regulation providing for the storage of additional data , sis shall contain only those categories of data which are supplied by each of the member states , as required for the purposes laid down in article&#160 ; 24 . ### without prejudice to article&#160 ; 8 or the provisions of this regulation providing for the storage of additional data , sis shall contain only those categories of data which are supplied by each of the member states , as required for the purposes laid down in articles&#160 ; 24 and 27 .


### link to other alerts issued in sis pursuant to article 38 ; ### link to other alerts issued in sis pursuant to article 43 ;


### - a previous conviction as referred to in article 24 ; ### - a threat to public order or public security or to national security , which may constitute the presence of the third - country national in question in the territory of a member state in accordance with article 24 .


### - a serious security threat as referred to in article 24 ; ### - a threat to public order , public security or to national security , which may constitute the presence of the third - country national in question in the territory of a member state in accordance with article 24 .


### - an entry ban as referred to in article 24 ; or ### - an entry ban issued in line with procedures which comply with directive 2008 / 115 / ec as referred to in article 24 ;


### where available , all other data listed in article 20 shall also be entered . ### without prejudice to article 22 , where available , all other data listed in article 20 shall also be entered .


### photographs , facial images and dactylographic data shall be retrieved from sis to verify the identity of a person who has been located as a result of an alphanumeric search made in sis . ### photographs , facial images and dactylographic data shall be retrieved from sis to confirm the identity of a person who has been located as a result of an alphanumeric search made in sis .


### where a search by europol reveals the existence of an alert in sis , europol shall inform the issuing member state via the channels defined by regulation 2016 / 794 . ### where a search by europol reveals the existence of an alert in sis , europol shall inform the issuing member state through the exchange of supplementary information by means of the communication infrastructure and in accordance with the provisions set out in the sirene manual . until europol is able to use the functionalities intended for the exchange of supplementary information , it shall inform issuing member states via the channels defined by regulation 2016 / 794 .


### the use of information obtained from a search in the sis is subject to the consent of the member state concerned . if the member state allows the use of such information , the handling thereof by europol shall be governed by regulation 2016 / 794 . europol may only communicate such information to third countries and third bodies with the consent of the member state concerned . ### the use of information obtained from a search in the sis is subject to the consent of the issuing member state . if the member state allows the use of such information , the handling thereof by europol shall be governed by regulation 2016 / 794 . europol may only communicate such information to third countries and third bodies with the consent of the issuing member state .


### europol may request further information from the member state concerned in accordance with the provisions of regulation 2016 / 794 . ### europol may request further information from the issuing member state in accordance with the provisions of regulation 2016 / 794 .


### for the purpose of verifying the lawfulness of data processing , self - monitoring and ensuring proper data security and integrity europol should keep logs of every access to and search in sis . such logs and documentation shall not be considered to be the unlawful downloading or copying of any part of sis . ### for the purpose of verifying the lawfulness of data processing , self - monitoring and ensuring proper data security and integrity europol should keep logs of every access to and search in sis . such logs and documentation shall not be considered to be the unlawful downloading or copying of any part of sis . the content , retention period and rules and formats for the logs are defined in accordance with article 12 .


### a member state issuing an alert shall , within five years of its entry into sis , review the need to retain it . ### a member state issuing an alert shall , within three years of its entry into sis , review the need to retain it , except for alerts concerning an entry ban issued in accordance with article 24 for which the review period is five years .


### within the review period , the member state issuing the alert may , following a comprehensive individual assessment , which shall be recorded , decide to keep the alert longer , should this prove necessary for the purposes for which the alert was issued . in such a case , paragraph 2 shall apply also to the extension . any extension of an alert shall be communicated to cs - sis . ### within the review period , the member state issuing the alert may , following a comprehensive individual assessment , which shall be recorded , decide to keep the alert longer , should this prove necessary for the purposes for which the alert was issued . in such a case , paragraph 2 shall apply also to the extension . any extension of an alert shall be communicated to cs - sis . extensions to the expiry date of a sis alert shall be subject to the proportionality requirement , and it shall be examined whether a specific case is appropriate , relevant and important enough to extend an alert in sis .


### alerts on refusal of entry and stay pursuant to article 24 shall be deleted when the decision on which the alert was entered has been withdrawn by the competent authority , where applicable following the consultation procedure referred to in article 26 . ### alerts on refusal of entry and stay pursuant to article 24 shall be deleted as soon as the decision on which the alert was entered has been withdrawn by the competent authority , where applicable following the consultation procedure referred to in article 26 .


### alerts relating to third - country nationals who are the subject of a restrictive measure as referred to in article 27 shall be deleted when the measure implementing the travel ban has been terminated , suspended or annulled . ### alerts relating to third - country nationals who are the subject of a restrictive measure as referred to in article 27 shall be deleted as soon as the measure implementing the travel ban has been terminated , suspended or annulled .


### if a requested action cannot be performed , the requested member state shall immediately inform the member state issuing the alert . ### if a requested action cannot be performed , the following procedure applies : the requested member state shall immediately inform the issuing member state issuing the alert via its sirene bureau stating why not , in accordance with the provisions set out in the sirene manual . the member states concerned may agree on the action to be taken in line with their own national laws and the sis ii legal instruments . if a requested action to be taken cannot be carried out with regard to persons involved in an activity referred to in titles ii and ii of directive 2017 / 541 on combating terrorism , the requested member state shall immediately inform europol’s european counter terrorism centre ;


### where the member states are unable to reach agreement within two months of the time when the evidence first came to light , as described in paragraph 3 , the member state which did not issue the alert shall submit the matter to the national supervisory authorities concerned for a decision . ### where the member states are unable to reach agreement within two months of the time when the evidence first came to light , as described in paragraph 3 , the member state which did not issue the alert shall submit the matter to the national supervisory authorities concerned and to the european data protection supervisor for a decision , following the cooperation provisions set out in article 52 .


### where the cross - check reveals that the subject of the new alert and the person already in sis are indeed one and the same , the sirene bureau shall apply the procedure for entering multiple alerts as referred to in article 39 . where the outcome of the check is that there are in fact two different persons , the sirene bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications . ### where the cross - check reveals that the subject of the new alert and the person already in sis are indeed one and the same , the sirene bureau shall apply the procedure for entering multiple alerts as referred to in article 23b . where the outcome of the check is that there are in fact two different persons , the sirene bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications .


### where confusion may arise between the person actually intended as the subject of an alert and a person whose identity has been misused , the issuing member state shall , subject to that person ' s explicit consent , add data relating to the latter to the alert in order to avoid the negative consequences of misidentification . ### where confusion may arise between the person actually intended as the subject of an alert and a person whose identity has been misused , the issuing member state shall , subject to that person ' s explicit consent , add data relating to the latter to the alert in order to avoid the negative consequences of misidentification . any person whose identity has been misused has the right to withdraw his consent for the information to be processed .


### right of access , rectification of inaccurate data and erasure of unlawfully stored data ### right of access , rectification of inaccurate data and erasure and restriction of the processing of unlawfully stored data


### the right of data subjects to have access to data relating to them entered in sis and to have such data rectified or erased shall be exercised in accordance with the law of the member state before which they invoke that right . ### the right of data subjects to have access to data relating to them entered in sis and to have such data rectified or erased or to obtain compensation or a processing restriction shall be exercised in compliance with regulation 2016 / 679 and directive 2016 / 680 , in accordance with the law of the member state before which they invoke that right .


### the person concerned shall be informed as soon as possible and in any event not later than 60 days from the date on which he applies for access or sooner if national law so provides . ### the person concerned shall be informed as soon as possible and in any event not later than 30 days from the date on which he applies for access or sooner if national law so provides .


### the person concerned shall be informed about the follow - up given to the exercise of his rights of rectification and erasure as soon as possible and in any event not later than three months from the date on which he applies for rectification or erasure or sooner if national law so provides . ### the person concerned shall be informed about the follow - up given to the exercise of his rights of rectification , erasure and processing restriction as soon as possible and in any event not later than 60 days from the date on which he applies for rectification or erasure or sooner if national law so provides .


### third - country nationals who are the subject of an alert issued in accordance with this regulation shall be informed in accordance with articles&#160 ; 10 and&#160 ; 11 of directive&#160 ; 95 / 46 / ec . this information shall be provided in writing , together with a copy of or a reference to the national decision giving rise to the alert , as referred to in article&#160 ; 24 . ### third - country nationals who are the subject of an alert issued in accordance with this regulation shall be informed by the issuing member state as soon as possible and in any event no later than 30 days after the creation of the alert concerning them , in accordance with articles 13 and 14 of regulation 2016 / 679 or articles 12 and 13 of directive 2016 / 680 . this information shall be provided in writing , together with a copy of or a reference to the national decision giving rise to the alert , as referred to in article&#160 ; 24 .


### any person may bring an action before the courts or the authority competent under the law of any member state to access , rectify , delete or erase information or to obtain compensation in connection with an alert relating to him . ### any person may bring an action before the courts or the authority competent under the law of any member state to access , rectify , delete or erase information or to obtain a processing restriction and compensation in connection with an alert relating to him .


### the number of requests for the rectification of inaccurate data and the erasure of unlawfully stored data to the data controller and the number of cases where the data were corrected or deleted ; ### the number of requests for the rectification of inaccurate data and the erasure or restriction of the processing of unlawfully stored data to the data controller and the number of cases where the data were corrected or deleted ;


### the number of requests for the rectification of inaccurate data and the erasure of unlawfully stored data submitted to the national supervisory authority ; ### the number of requests for the rectification of inaccurate data and the erasure or restriction of the processing of unlawfully stored data submitted to the national supervisory authority ;


### the number of cases where the court ruled in favour of the applicant in any aspect of the case ; ### the number of cases where the court ruled in favour of the applicant in any aspect of the case and the number of cases where compensation was obtained ;


### the european data protection supervisor shall ensure that the personal data processing activities of the agency are carried out in accordance with this regulation . the duties and powers referred to in articles&#160 ; 46 and&#160 ; 47 of regulation no&#160 ; 45 / 2001 shall apply accordingly . ### the european data protection supervisor shall ensure that the personal data processing activities of the agency are carried out in accordance with this regulation and with regulation 2016 / 679 . the duties and powers referred to in articles&#160 ; 46 and&#160 ; 47 of regulation no&#160 ; 45 / 2001 shall apply accordingly .


### liability ### liability and penalties


### the agency shall produce , daily , monthly and annual statistics showing the number of records per category of alert , the annual number of hits per category of alert , how many times sis was searched and how many times sis was accessed for the purpose of entering , updating or deleting an alert in total and for each member state , including statistics on the consultation procedure referred to in article 26 . the statistics produced shall not contain any personal data . the annual statistical report shall be published . ### the agency shall produce , daily , monthly and annual statistics showing the number of records per category of alert , the annual number of hits per category of alert , how many times sis was searched and how many times sis was accessed for the purpose of entering , completing , updating or deleting an alert in total and for each member state , including statistics on the consultation procedure referred to in article 26 . the statistics produced shall not contain any personal data . the annual statistical report shall be published .


### the agency shall provide the member states , the commission , europol and the european border and coast guard agency with any statistical reports that it produces . in order to monitor the implementation of legal acts of the union , the commission shall be able to request the agency to provide additional specific statistical reports , either regular or ad - hoc , on the performance or use of sis and sirene communication . ### the agency shall provide the member states , the commission , the european parliament , europol and the european border and coast guard agency with any statistical reports that it produces . in order to monitor the implementation of legal acts of the union , the commission shall be able to request the agency to provide additional specific statistical reports , either regular or ad - hoc , on the performance or use of sis and sirene communication .


### two years after sis is brought into operation and every two years thereafter , the agency shall submit to the european parliament and the council a report on the technical functioning of central sis and the communication infrastructure , including the security thereof , and the bilateral and multilateral exchange of supplementary information between member states . ### two years after sis is brought into operation and every two years thereafter , the agency shall submit to the european parliament and the council a report on the technical functioning of central sis and the communication infrastructure , including the security thereof , and on the introduction of the automated fingerprint identification system , and the bilateral and multilateral exchange of supplementary information between member states .


### three years after sis is brought into operation and every four years thereafter , the commission shall produce an overall evaluation of central sis and the bilateral and multilateral exchange of supplementary information between member states . that overall evaluation shall include an examination of results achieved against objectives , and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of central sis , the security of central sis and any implications for future operations . the commission shall transmit the evaluation to the european parliament and the council . ### three years after sis is brought into operation and every four years thereafter , the commission shall produce an overall evaluation of central sis and the bilateral and multilateral exchange of supplementary information between member states . that overall evaluation shall include an examination of results achieved against objectives , and an assessment of the continuing validity of the underlying rationale , the application of this regulation in respect of central sis , the security of central sis and any implications for future operations . the overall evaluation report shall also include the creation of an automated fingerprint file function and sis information campaigns organised by the commission in accordance with article 19 . the commission shall transmit the evaluation to the european parliament and the council .


### cities in efta / eea countries and in candidate countries and potential candidates which participate in the creative europe programme or in the subsequent union programmes supporting culture at the date of publication of the call for submission of applications referred to in article 10 may apply for the title for one year in the framework of an open competition organised every third year in accordance with the calendar . ### cities in efta / eea countries and in candidate countries and potential candidates which participate in the creative europe programme as well as in the europe for citizens programme or in the subsequent union programmes supporting culture at the date of publication of the call for submission of applications referred to in article 10 may apply for the title for one year in the framework of an open competition organised every third year in accordance with the calendar .


### regulation no 1315 / 2013 of the european parliament and of the council22 sets out a common framework for the creation of state - of - the - art , interoperable networks for the development of the internal market . the trans - european transport networks have a dual layer structure : the comprehensive network ensures connectivity of all regions of the union whereas the core network consists of those elements of the network which are of the highest strategic importance for the union . regulation no 1315 / 2013 defines binding completion targets for implementation , with the core network to be completed by 2030 and the comprehensive network by 2050 . __________________ 22 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu . ### regulation no 1315 / 2013 of the european parliament and of the council22 sets out a common framework for the creation of interoperable networks structuring the territory of the eu in the service of citizens and for the development of the internal market . the trans - european transport networks have a dual layer structure : the core network comprises those parts of the network which have the greatest strategic significance for the eu , and the comprehensive network ensures connectivity between all regions in the eu . regulation no 1315 / 2013 defines binding completion targets for implementation , with the core network to be completed by 2030 and the comprehensive network by 2050 . __________________ 22 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu .


### notwithstanding the necessity and binding timelines , experience has shown that many investments aiming to complete the ten - t are confronted with complex permit granting procedures , cross - border procurement procedures and other procedures . this situation jeopardises the on time implementation of projects and in many cases results in significant delays and increased costs . in order to address these issues and make synchronised ten - t completion possible , , harmonised action is necessary at union level . ### notwithstanding the necessity and binding timelines , experience has shown that many investments aiming to complete the ten - t are confronted with multiple , complex permit granting procedures , cross - border procurement procedures and other procedures . this situation jeopardises the on - time implementation of projects and in many cases results in significant delays and increased costs and can even lead to projects being abandoned . given these conditions , the synchronised completion of the ten - t by the deadline set out in regulation no 1315 / 2013 of the european parliament and of the council requires harmonised action at eu level .


### given the urgency to complete the ten - t core network , the simplification of permit granting procedures should be accompanied by a time limit within which competent authorities responsible should make a comprehensive decision regarding the construction of the project . this time limit should stimulate a more efficient handling of procedures and should , under no circumstances , compromise the union ' s high standards for environmental protection and public participation . ### given the urgency of completing the ten - t core network , the simplification of permit granting procedures should be accompanied by a time limit within which competent authorities responsible should make a comprehensive decision regarding the construction of the project . this time limit should ensure more efficient handling of procedures and should , under no circumstances , compromise the union ' s high standards for environmental protection and public participation .


### the commission is not systematically involved in the authorisation of individual projects . however , in some cases , certain aspects of the project preparation are subject to clearance at union level . where the commission is involved in the procedures , it will give priority treatment to the union projects of common interest and ensure certainty for project promoters . in some cases state aid approval might be required . in line with the best practice code for the conduct of state aid control procedures , member states may ask the commission to deal with projects of common interest on the core network of the ten - t they consider to be of priority with more predictable timelines under the case portfolio approach or the mutually agreed planning . ### the commission is not systematically involved in the authorisation of individual projects . however , in some cases , certain aspects of the project preparation are subject to clearance at union level . where the commission is involved in the procedures , it will give priority treatment to the union projects of common interest and ensure certainty for project promoters . in some cases state aid approval might be required . without prejudice to the deadlines set out in this regulation and in line with the best practice code for the conduct of state aid control procedures , member states may ask the commission to deal with projects of common interest on the core network of the ten - t they consider to be of priority with more predictable timelines under the case portfolio approach or the mutually agreed planning .


### ' comprehensive decision ' means the decision or set of decisions taken by a member state authority or authorities not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure ; ### ' comprehensive decision ' means the decision or set of decisions taken by the single competent authority of a member state authority or authorities not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure ;


### &#8220 ; comprehensive decision&#8221 ; means the decision or set of decisions taken by a member state authority or authorities not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure ; ### ' comprehensive decision ' means the decision or set of decisions taken by a competent member state authority or authorities not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure ;


### ' permit granting procedures ' means every procedure that has to be followed or step that has to be taken before the authorities of a member state , under union or national law , before the project promoter can implement the project ; ### ' permit granting procedures ' means every procedure that has to be followed or step that has to be taken before the authorities of a member state , under union or national law , before the project promoter can implement the project and starting from the date on which the acceptance of the file notification is signed by the single competent authority of the member state ;


### to ensure efficient administrative procedures related to projects of common interest , project promoters and all authorities concerned shall ensure that the most rapid treatment legally possible is given to these projects , including as regards the resources allocated . ### to ensure fast and efficient administrative procedures related to projects of common interest , project promoters and all authorities concerned shall ensure that the most rapid , effective and efficient treatment legally possible is given to these projects , including as regards the resources allocated .


### in order to meet the time limits set out in article 6 and reduce the administrative burden related to the completion of projects of common interest , all the administrative procedures resulting from the applicable law , both national and of the union , shall be integrated and result in only one comprehensive decision . ### in order to meet the time limits set out in article 6 and reduce the administrative burden related to the completion of projects of common interest , all the permit granting procedures resulting from the applicable law , both national and of the union and including environmental assessments , shall be integrated and result in only one comprehensive decision .


### in the case of projects of common interest for which the obligation to carry out assessments of the effects on the environment arises simultaneously from directive 2011 / 92 / eu of the european parliament and of the council and other union law , member states shall ensure that joint procedures within the meaning of article 2 of directive 2011 / 92 / eu are provided for . ### in the case of projects of common interest for which the obligation to carry out assessments of the effects on the environment arises simultaneously from directive 2011 / 92 / eu of the european parliament and of the council and other union law , member states shall guarantee that joint procedures within the meaning of article 2 of directive 2011 / 92 / eu are provided for and shall comply with the deadlines set out in article 6 of this regulation .


### by &#8230 ; , each member state shall designate one single competent authority which shall be responsible for facilitating the permit granting process including for making the comprehensive decision . ### by &#8230 ; , each member state shall designate one single competent authority which shall be responsible for facilitating the permit granting process necessary for making the comprehensive decision , in accordance with paragraph&#160 ; 3 of this article .


### the comprehensive decision issued by the single competent authority shall be the sole legally binding decision resulting from the statutory permit granting procedure . where other authorities are concerned by the project , they may give their opinion as input to the procedure , in accordance with national legislation . this opinion shall be taken into account by the single competent authority . ### the comprehensive decision issued by the single competent authority shall be the sole legally binding decision resulting from the statutory permit granting procedure . where other authorities are concerned by the project , they may give their opinion as input to the procedure , without prejudice to the deadlines set out in article 6 and in accordance with national legislation . this opinion shall be taken into account by the single competent authority .


### major milestones to be accomplished and their deadlines in view of the comprehensive decision to be taken ; ### major milestones to be accomplished and their deadlines in view of the comprehensive decision to be taken , and the overall scheduled time - frame ;


### the single competent authority shall assess the application and adopt a comprehensive decision within the period of one year from the date of submission of the complete application file in accordance with paragraph 7 . member states may set an earlier time - limit , where appropriate . ### the single competent authority shall assess the application and adopt a comprehensive , binding decision within the period of 9 months from the date of submission of the complete application file in accordance with paragraph 7 . member states may set an earlier time - limit , where appropriate .


### the european coordinator referred to in article 45 of regulation ² no 1315 / 2013 shall be empowered to closely follow the permit granting procedure for cross - border projects of common interest and to facilitate contacts between the involved competent authorities . ### the european coordinator referred to in article 45 of regulation ² no 1315 / 2013 and representatives of the local and regional authorities shall be empowered to closely follow the permit granting procedure for cross - border projects of common interest and to facilitate contacts between the competent authorities involved .


### without prejudice to the obligation to comply with the time limits under this regulation , if the time - limit for the comprehensive decision is not observed , the competent authority shall immediately inform the european coordinator concerned about the measures taken or to be taken to conclude the permit granting procedure with the least possible delay . the european coordinator may request the competent authority to regularly report on progress achieved . ### without prejudice to the obligation to comply with the time limits under this regulation , if the time - limit for the comprehensive decision is not observed , the single competent authority shall immediately inform the commission and , where appropriate , the european coordinator concerned about the measures taken or to be taken to conclude the permit granting procedure with the least possible delay . the commission and , where appropriate , the european coordinator may request the single competent authority to regularly report on progress achieved .


### in case the procurement procedures are conducted by a joint entity set up by the participating member states , that entity shall apply the national provisions of one of those member states and , by way of derogation from these directives , those provisions shall be the provisions determined in accordance with point of article 57 of directive 2014 / 25 / eu of the european parliament and of the council or point of article 39 of directive 2014 / 24 / eu of the european parliament and of the council , as applicable , unless an agreement between the participating member states provides otherwise . such an agreement shall in any case provide for the application of a single national legislation in case of the procurement procedures conducted by a joint entity . ### in case the procurement procedures are conducted by a joint entity set up by the participating member states , that entity , together with its subsidiaries , where appropriate , shall apply the national provisions of one of those member states and , by way of derogation from these directives , those provisions shall be the provisions determined in accordance with point of article 57 of directive 2014 / 25 / eu of the european parliament and of the council or point of article 39 of directive 2014 / 24 / eu of the european parliament and of the council , as applicable , unless an agreement between the participating member states provides otherwise . such an agreement shall in any case provide for the application of a single national legislation for the procurement procedures conducted by a joint entity and , where appropriate , its subsidiaries , across the whole of the project .


### in case the procurement procedures are conducted by a joint entity set up by the participating member states , that entity shall apply the national provisions of one of those member states and , by way of derogation from these directives , those provisions shall be the provisions determined in accordance with point of article 57 of directive 2014 / 25 / eu of the european parliament and of the council or point of article 39 of directive 2014 / 24 / eu of the european parliament and of the council , as applicable , unless an agreement between the participating member states provides otherwise . such an agreement shall in any case provide for the application of a single national legislation in case of the procurement procedures conducted by a joint entity . ### in case the procurement procedures are conducted by a joint entity set up by the participating member states , that entity , together with its subsidiaries where appropriate , shall apply the national provisions of one of those member states and , by way of derogation from these directives , those provisions shall be the provisions determined in accordance with point of article 57 of directive 2014 / 25 / eu of the european parliament and of the council or point of article 39 of directive 2014 / 24 / eu of the european parliament and of the council , as applicable , unless an agreement between the participating member states provides otherwise . such an agreement shall in any case provide for the application of a single national legislation for the procurement procedures conducted for the entire project by a joint entity and , where appropriate , its subsidiaries .


### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union . ### this regulation shall enter into force on the twentieth day following that of its publication in the official journal of the european union , with the exception of articles 4 , 5 , 6 and 7 , which shall apply when the single competent authority has been designated by the member state , in accordance with article 5 .


### in many member states it takes more than three years for bankrupt , but honest entrepreneurs to discharge their debts and make a fresh start . inefficient second chance frameworks result in entrepreneurs having to relocate in other jurisdictions in order to benefit from a fresh start in a reasonable period of time , at considerable additional costs to both their creditors and the debtors themselves . long disqualification orders which often accompany a procedure leading to discharge create obstacles to the freedom to take up and pursue a self - employed , entrepreneurial activity . ### in many member states it takes more than three years for bankrupt , but honest entrepreneurs to discharge their debts and make a fresh start . inefficient second chance frameworks result in entrepreneurs having to relocate in other jurisdictions in order to benefit from a fresh start in a reasonable period of time , at considerable additional costs to both their creditors and the debtors themselves . long disqualification orders which often accompany a procedure leading to discharge create obstacles to the freedom to pursue entrepreneurial activity .


### throughout the preventive restructuring procedures , workers should enjoy full labour law protection . in particular , this directive is without prejudice to workers ' rights guaranteed by council directive 98 / 59 / ec68 , council directive 2001 / 23 / ec69 , directive 2002 / 14ec of the european parliament and of the council70 , directive 2008 / 94 / ec of the european parliament and of the council71 and directive 2009 / 38 / ec of the european parliament and of the council72 . the obligations concerning the information and consultation of workers under national law implementing the above - mentioned directives remain fully intact . this includes obligations to inform and consult workers ' representatives on the decision to have recourse to a preventive restructuring framework in accordance with directive 2002 / 14 / ec . given the need to ensure an appropriate level of protection of workers , member states should in principle exempt workers ' outstanding claims , as defined in directive 2008 / 94 / ec , from any stay of enforcement irrespective of the question whether these claims arise before or after the stay is granted . such a stay should be permissible only for the amounts and for the period that the payment of such claims is effectively guaranteed by other means under national law . where member states extend the cover of the guarantee of payment of workers ' outstanding claims established by directive 2008 / 94 / ec to preventive restructuring procedures set up by this directive , the exemption of workers ' claims from the stay of enforcement is no longer justified to the extent covered by that guarantee . where under national law there are limitations to the liability of guarantee institutions , either in terms of the length of the guarantee or the amount paid to workers , workers should be able to enforce their claims for any shortfall against the employer even during the stay of enforcement period . __________________ 68 council directive 98 / 59 / ec of 20 july 1998 on the approximation of the laws of the member states relating to collective redundancies , oj l 225 , 12 . 08 . 1998 , p . 16 . 69 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses , oj l 82 , 22 . 03 . 2001 , p . 16 . 70 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community , oj l 80 , 23 . 3 . 2002 , p . 29 . 71 directive 2008 / 94 / ec of the european parliament and of the council of 22 october 2008 on the protection of employees in the event of the insolvency of their employer , oj l 283 , 28 . 10 . 2008 , p . 36 . 72 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purpose of informing and consulting employees , oj l 122 , 16 . 5 . 2009 , p . 28 . ### throughout the preventive restructuring procedures , workers should enjoy full labour law protection . in particular , this directive is without prejudice to workers ' rights guaranteed by council directive 98 / 59 / ec68 , council directive 2001 / 23 / ec69 , directive 2002 / 14ec of the european parliament and of the council70 , directive 2008 / 94 / ec of the european parliament and of the council71 and directive 2009 / 38 / ec of the european parliament and of the council72 . the obligations concerning the information and consultation of workers under national law implementing the above - mentioned directives remain fully intact . this includes obligations to inform and consult workers ' representatives on the decision to have recourse to a preventive restructuring framework in accordance with directive 2002 / 14 / ec . given the need to ensure an appropriate level of protection of workers , member states should in exempt workers ' outstanding claims , as defined in directive 2008 / 94 / ec , from any stay of enforcement irrespective of the question whether these claims arise before or after the stay is granted . such a stay should be permissible only for the amounts and for the period that the payment of such claims is effectively guaranteed by other means under national law . where member states extend the cover of the guarantee of payment of workers ' outstanding claims established by directive 2008 / 94 / ec to preventive restructuring procedures set up by this directive , the exemption of workers ' claims from the stay of enforcement is no longer justified to the extent covered by that guarantee . where under national law there are limitations to the liability of guarantee institutions , either in terms of the length of the guarantee or the amount paid to workers , workers should be able to enforce their claims for any shortfall against the employer even during the stay of enforcement period . __________________ 68 council directive 98 / 59 / ec of 20 july 1998 on the approximation of the laws of the member states relating to collective redundancies , oj l 225 , 12 . 08 . 1998 , p . 16 . 69 council directive 2001 / 23 / ec of 12 march 2001 on the approximation of the laws of the member states relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of undertakings or businesses , oj l 82 , 22 . 03 . 2001 , p . 16 . 70 directive 2002 / 14 / ec of the european parliament and of the council of 11 march 2002 establishing a general framework for informing and consulting employees in the european community , oj l 80 , 23 . 3 . 2002 , p . 29 . 71 directive 2008 / 94 / ec of the european parliament and of the council of 22 october 2008 on the protection of employees in the event of the insolvency of their employer , oj l 283 , 28 . 10 . 2008 , p . 36 . 72 directive 2009 / 38 / ec of the european parliament and of the council of 6 may 2009 on the establishment of a european works council or a procedure in community - scale undertakings and community - scale groups of undertakings for the purpose of informing and consulting employees , oj l 122 , 16 . 5 . 2009 , p . 28 .


### it is necessary to maintain and enhance the transparency and predictability of the procedures in delivering outcomes that are favourable for the preservation of businesses and for giving entrepreneurs a second chance or that permit the efficient liquidation of non - viable enterprises . it is also necessary to reduce the excessive length of insolvency procedures in many member states , which results in legal uncertainty for creditors and investors and low recovery rates . finally , given the enhanced cooperation mechanisms between courts and practitioners in cross - border cases set up by regulation 2015 / 848 , the professionalism of all actors involved needs to be brought to comparable high levels across the union . to achieve these objectives , member states should ensure that members of the judicial and administrative bodies are properly trained and have specialised knowledge and experience in insolvency matters . such specialisation of members of the judiciary should allow making decisions with potentially significant economic and social impacts within a short period of time and should not mean that members of the judiciary have to deal exclusively with restructuring , insolvency and second chance matters . for example , the creation of specialised courts or chambers in accordance with national law governing the organisation of the judicial system could be an efficient way of achieving these objectives . ### it is necessary to maintain and enhance the transparency and predictability of the procedures in delivering outcomes that are favourable for the preservation of businesses and for giving entrepreneurs a second chance or that permit the efficient liquidation of non - viable enterprises . it is also necessary to reduce the excessive length of insolvency procedures in many member states , which results in legal uncertainty for creditors and investors and low recovery rates . finally , given the enhanced cooperation mechanisms between courts and practitioners in cross - border cases set up by regulation 2015 / 848 , the professionalism of all actors involved needs to be brought to comparable high levels across the union . to achieve these objectives , member states should ensure that members of the judicial and administrative bodies are properly trained and have specialised knowledge and experience in insolvency matters . such specialisation of members of the judiciary should allow making decisions with potentially significant economic and social impacts within a short period of time and should not mean that members of the judiciary have to deal exclusively with restructuring , insolvency and second chance matters . for example , the creation of courts or chambers with specialist magistrates in accordance with national law governing the organisation of the judicial system could be an efficient way of achieving these objectives .


### member states should also ensure that the practitioners in the field of restructuring , insolvency and second chance which are appointed by judicial or administrative authorities are properly trained and supervised in the carrying out of their tasks , that they are appointed in a transparent manner with due regard to the need to ensure efficient procedures and that they perform their tasks with integrity . practitioners should also adhere to voluntary codes of conduct aiming at ensuring an appropriate level of qualification and training , transparency of the duties of such practitioners and the rules for determining their remuneration , the taking up of professional indemnity insurance cover and the establishment of oversight and regulatory mechanisms which should include an appropriate and effective regime for sanctioning those who have failed in their duties . such standards may be attained without the need in principle to create new professions or qualifications . ### member states should also ensure that the practitioners in the field of restructuring , insolvency and second chance which are appointed by judicial or administrative authorities are properly trained and supervised in the carrying out of their tasks , that they are appointed in a transparent manner with due regard to the need to ensure efficient procedures and that they perform their tasks with integrity bearing in mind the objective of restoring the viability of the company . practitioners should be rescuers not liquidators and they should adhere to a code of conduct aiming at ensuring an appropriate level of qualification and training , transparency of the duties of such practitioners and the rules for determining their remuneration , the taking up of professional indemnity insurance cover and the establishment of oversight and regulatory mechanisms which should include an appropriate and effective regime for sanctioning those who have failed in their duties . such standards may be attained without the need in principle to create new professions or qualifications .


### member states may require the appointment of practitioner in the field of restructuring in the following cases : ### member states shall ensure the appointment of a practitioner at least in the field of restructuring in the following cases :


### member states shall encourage , by any means which they consider appropriate , the development of , and adherence to , voluntary codes of conduct by practitioners in the field of restructuring , insolvency and second chance , as well as other effective oversight mechanisms concerning the provisions of such services . ### member states shall encourage , by any means which they consider appropriate , the development of , and adherence to a code of conduct by practitioners in the field of restructuring , insolvency and second chance , as well as other effective oversight mechanisms concerning the provisions of such services , such as licensing and registration .


### 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 . 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 , transparency and non - discrimination 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 .


### the need for the regulatory framework for electronic communications to be consistently applied in all member states is essential for the successful development of an internal market for electronic communications throughout the union and 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 . in view of market and technological developments , which often entails an increased cross - border dimension , and to the experience so far in ensuring a consistent implementation in the electronic communications field , it is necessary to build on the work of berec and the berec office and further develop them into a fully - fledged agency . ### the need for the regulatory framework for electronic communications to be consistently applied in all member states is essential for the successful development of an internal market for electronic communications throughout the union and the promotion of access to , and take - up of , very high capacity data connectivity , of competition , transparency and non - discrimination in the provision of electronic communications networks , services and associated facilities and of the interests of the citizens of the union . in view of market and technological developments , which often entails an increased cross - border dimension , and to the experience so far in ensuring a consistent implementation in the electronic communications field , it is necessary to build on the work of berec and the berec office and further develop them into a fully - fledged agency .


### the agency should be governed and operated in line with the principles of the joint statement of the european parliament , the council and the european commission of 19 july 2012 on decentralised agencies 28 . due to the established image of berec and the costs that a modification of its name would entail , the new agency should retain the name of berec . __________________ 28 joint statement of the parliament , council and the commission on decentralised agencies of 19 july 2012 . ### the agency should be governed and operated in line with the principles of the joint statement of the european parliament , the council and the european commission of 19 july 2012 on decentralised agencies 28 , in particular with regard to transparency and relations with stakeholders . due to the established image of berec and the costs that a modification of its name would entail , the new agency should retain the name of berec . __________________ 28 joint statement of the parliament , council and the commission on decentralised agencies of 19 july 2012 .


### berec , as a technical body with expertise on electronic communications and composed of representatives from nras and the commission , is best placed to be entrusted with tasks such as deciding on certain issues with a cross - border dimension , contributing to efficient internal market procedures for draft national measures , providing the necessary guidelines to nras in order to ensure common criteria and a consistent regulatory approach , and keeping certain registries at union level . this is without prejudice to the tasks established for nras , which are closest to the electronic communications markets and their local conditions . in order to carry out its tasks , the agency would require adequate financial and human resources and would also continue the pooling of expertise from nras . ### berec , as a technical body with expertise on electronic communications and composed of representatives from nras and the commission , is best placed to be entrusted with tasks such as deciding on certain issues with a cross - border dimension , contributing to efficient , transparent and non - discriminatory internal market procedures for draft national measures , providing the necessary guidelines to nras in order to ensure common criteria and a consistent regulatory approach , and keeping certain registries at union level . this is without prejudice to the tasks established for nras , which are closest to the electronic communications markets and their local conditions . in order to carry out its tasks , the agency would require adequate financial and human resources and would also continue the pooling of expertise from nras .


### berec should be allowed if necessary to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european regulators group for audiovisual media services31 and the european union agency for network and information security32 ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . __________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 . ### berec should be allowed if necessary to cooperate with , and without prejudice to the role of , other union bodies , agencies , offices and advisory groups , in particular the radio spectrum policy group29 , the european data protection board30 , the european data protection supervisor , the european regulators group for audiovisual media services31 , the european union agency for network and information security32 and the european agency for fundamental rights ; as well as with existing committees . it should also be allowed to cooperate with competent authorities of third countries , in particular , regulatory authorities competent in the field of electronic communications and / or groups of those authorities , as well as with international organisations when necessary for the performance of its tasks . __________________ 29 decision 2002 / 622 / ec establishing a radio spectrum policy group . 30 established under regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . 31 directive [ . . . ] . 32 regulation no 526 / 2013 of the european parliament and of the council of 21 may 2013 concerning the european union agency for network and information security and repealing regulation no 460 / 2004 .


### 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 and a cooperation procedure with council and parliament , in order to guarantee a rigourous evaluation of the candidates and a high level of independence and accountability . 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 .


### experience has shown that most of berec’s tasks are better carried out through working groups , therefore the management board should be in charge of setting up working groups and appointing their members . in order to ensure a balanced approach , the working groups should be coordinated and moderated by members of the berec staff . lists of qualified experts should be prepared in advance to ensure a quick set - up of certain working groups , in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum , due to the time limits of those procedures . ### experience has shown that most of berec’s tasks are better carried out through working groups , therefore the management board should be in charge of setting up working groups and appointing their members . in order to ensure a balanced approach , the working groups should be coordinated and moderated by members of the berec staff . lists of qualified experts should be prepared in advance to ensure a quick set - up of certain working groups , in particular those related to internal market procedures for draft national measures on market regulation and on assignments of rights of use for radio spectrum , due to the time limits of those procedures . lists of qualified expert members of workings groups , together with their declaration of interests , should be made publicly available .


### since the objectives of this regulation , namely the need to ensure a consistent implementation of the regulatory framework for electronic communications within the defined scope , in particular in relation to cross - border aspects and through efficient internal market procedures for draft national measures , cannot be sufficiently achieved by the member states and can therefore , by reason of the scale and effects of the action , be better achieved at the level of the union , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this regulation , namely the need to ensure a consistent , transparent and non - discriminatory implementation of the regulatory framework for electronic communications within the defined scope , in particular in relation to cross - border aspects and through efficient internal market procedures for draft national measures , cannot be sufficiently achieved by the member states and can therefore , by reason of the scale and effects of the action , be better achieved at the level of the union , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve those objectives .


### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote 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 . ### berec shall pursue the same objectives as those of national regulatory authorities referred to in article 3 of the directive . in particular , berec shall ensure a consistent , transparent and non - discriminatory implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the internal market . it shall also promote 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 and rights of the citizens of the union .


### issue recommendations and best practices addressed to the nras in order to encourage consistent implementation on any technical matter within its mandate ; ### issue recommendations and best practices addressed to the nras in order to encourage consistent , transparent and non - discriminatory implementation on any technical matter within its mandate ;


### adopt and proceed with an assessment of the consolidated annual activity report on berec’s activities and send both the report and its assessment , by 1 july each year to the european parliament , the council , the commission and the court of auditors . the consolidated annual activity report shall be made public ; ### adopt and proceed with an assessment of the consolidated annual activity report on berec’s activities and send both the report and its assessment , by 1 july each year to the european parliament , the council , the commission and the court of auditors . the annual report on berec ' s activities shall be presented to the parliament and council by the executive director during a public session . the consolidated annual activity report shall be made public ;


### the executive director shall report to the european parliament on the performance of his / her duties when invited to do so . the council may invite the executive director to report on the performance of his / her duties . ### the executive director shall report to the european parliament on the performance and implementation of his / her duties when invited to do so . the council may invite the executive director to report on the performance of his / her duties .


### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the executive director shall be appointed by the management board , from a list of candidates proposed by the commission , in accordance with a cooperation procedure which shall be as follows : on the basis of a list drawn up by the commission after a call for candidates and a transparent selection procedure , applicants will be asked before an appointment is made to address the council and the competent european parliament committee and to reply to questions ; the european parliament and the council of the european union will then give their opinions and state their orders of preference ; the management board will appoint the director taking these opinions into account , communicating its justification in case it departs from these opinions .


### the management board shall inform the european parliament if it intends to extend the executive director’s term of office . within one month before any such extension , the executive director may be invited to make a statement before the competent committee of the parliament and to answer questions put by its members . ### the management board shall inform the european parliament if it intends to extend the executive director’s term of office . within one month before any such extension , the executive director shall be invited to make a statement before the competent committee of the parliament and to answer questions .


### berec shall adopt its own security rules equivalent to the commission’s security rules for protecting european union classified information and sensitive non - classified information , inter alia provisions for the exchange , processing and storage of such information as set out in commission decisions 2015 / 44342 and 2015 / 44443 . alternatively , berec may adopt a decision to apply the commission’s rules on a mutatis mutandis basis . __________________ 42 commission decision 2015 / 443 of 13 march 2015 on security in the commission . 43 commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information . ### without prejudice to article 27 , berec shall adopt its own security rules equivalent to the commission’s security rules for protecting european union classified information and sensitive non - classified information , inter alia provisions for the exchange , processing and storage of such information as set out in commission decisions 2015 / 44342 and 2015 / 44443 . alternatively , berec may adopt a decision to apply the commission’s rules on a mutatis mutandis basis . __________________ 42 commission decision 2015 / 443 of 13 march 2015 on security in the commission . 43 commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information .


### the declarations shall be accurate and complete , made in writing and updated whenever necessary . the declarations of interests made by the members of the management board and the executive director shall be made public . ### the declarations shall be accurate and complete , made in writing and updated whenever necessary . the declarations of interests made by the members of the management board , the executive director and members of the working groups shall be made public .


### the commission communications ‘ the eu budget review’13 and ‘ a budget for europe 2020’14 underline the importance of focusing funding on activities with clear european added value , i . e . where the union intervention can bring additional value compared to action of member states alone . against this background , the support actions carried out under the programme should ensure complementarity and synergy with other programmes and policies at national , union and international level . the actions under the programme should allow elaborating and implementing solutions that address national challenges which have impact on cross - border or union - wide challenges and achieve a consistent and coherent implementation of union law . in addition , they should contribute to further develop trust and promote cooperation with the commission and among member states . moreover , the union is in a better position than member states to provide a platform for the provision and sharing of good practices from peers as well as to mobilise expertise . __________________ 13 com700 of 19 october 2010 . 14 com500 final of 29 june 2011 . ### the commission communications ‘ the eu budget review’13 and ‘ a budget for europe 2020’14 underline the importance of focusing funding on activities with clear european added value , i . e . where the union intervention can bring additional value compared to action of member states alone . against this background , the support actions carried out under the programme should ensure complementarity and synergy with other programmes and policies at regional , national , union and international level , including the macroregional level . the actions under the programme should allow elaborating and implementing solutions that address national challenges which have impact on cross - border or union - wide challenges and achieve a consistent and coherent implementation of union law . in addition , they should contribute to further develop trust and promote cooperation with the commission and among member states . moreover , the union is in a better position than member states to provide an efficient platform for the provision and sharing of good practices from peers as well as to mobilise expertise . __________________ 13 com700 of 19 october 2010 . 14 com500 final of 29 june 2011 .


### the commission communications ‘ the eu budget review’13 and ‘ a budget for europe 2020’14 underline the importance of focusing funding on activities with clear european added value , i . e . where the union intervention can bring additional value compared to action of member states alone . against this background , the support actions carried out under the programme should ensure complementarity and synergy with other programmes and policies at national , union and international level . the actions under the programme should allow elaborating and implementing solutions that address national challenges which have impact on cross - border or union - wide challenges and achieve a consistent and coherent implementation of union law . in addition , they should contribute to further develop trust and promote cooperation with the commission and among member states . moreover , the union is in a better position than member states to provide a platform for the provision and sharing of good practices from peers as well as to mobilise expertise . __________________ 13 com700 of 19 october 2010 . 14 com500 final of 29 june 2011 . ### the commission communications ‘ the eu budget review’13 and ‘ a budget for europe 2020’14 underline the importance of focusing funding on activities with clear european added value , i . e . where the union intervention can bring additional value compared to action of member states alone . against this background , the support actions carried out under the programme should ensure complementarity and synergy with other programmes and policies at local , regional , national , union and international level . the actions under the programme should allow elaborating and implementing solutions that address local , regional and national challenges which have impact on cross - border or union - wide challenges and achieve a consistent and coherent implementation of union law . in addition , they should contribute to further develop trust and promote cooperation with the commission and among member states . moreover , the union is in a better position than member states to provide a platform for the provision and sharing of good practices from peers as well as to mobilise expertise . __________________ 13 com700 of 19 october 2010 . 14 com500 final of 29 june 2011 .


### in order to ensure the efficient and coherent allocation of funds from the union budget and the principle of sound financial management , actions under this programme should complement and be additional to ongoing union programmes , whilst avoiding double funding for the same expenditure . in particular , the commission and the member state concerned , in accordance with their respective responsibilities should ensure at union and member state levels , in all stages of the process , effective coordination in order to ensure consistency , complementarity and synergy between sources of funding supporting actions in the relevant member states with close links to this programme , specifically with measures being financed from the union funds in the member states . ### in order to ensure the efficient and coherent allocation of funds from the union budget and the principle of sound financial management , actions under this programme should complement , coordinated and be additional to ongoing union programmes , whilst avoiding double funding for the same expenditure . in particular , the commission and the member state concerned , in accordance with their respective responsibilities should ensure at union and member state levels , in all stages of the process , effective coordination in order to ensure consistency , compliance , complementarity and synergy between sources of funding supporting actions in the relevant member states with close links to this programme , specifically with measures being financed from the union funds , and other eu programmes in the member states .


### the development and implementation of solutions that address national challenges which have impact on cross - border or union - wide challenges ; ### the development and implementation of solutions that address local , regional and national challenges which have impact on cross - border or union - wide challenges ;


### to support the national authorities to enhance their capacity to formulate , develop and implement reform policies and strategies and pursue an integrated approach ensuring consistency between goals and means across sectors ; ### to support the national authorities to enhance their capacity to plan and formulate , develop and implement reform policies and strategies and pursue an integrated approach ensuring consistency between goals and means across sectors ;


### to achieve the general objective set out in article 4 , the programme shall have the following specific objectives : ### in accordance with the partnership principle , to achieve the general objective set out in article 4 , the programme shall have the following specific objectives :


### collection of data and statistics ; development of common methodologies and , where appropriate , indicators or benchmarks ; ### collection of data and statistics ; development of common methodologies and , where appropriate , indicators and / or benchmarks ;


### taking into account the principles of transparency , equal treatment and sound financial management , further to a dialogue with the member state , including in the context of the european semester , the commission shall analyse the request for support referred to in paragraph 1 based on the urgency , breadth and depth of the problems identified , support needs in respect of the policy areas concerned , analysis of socioeconomic indicators and general administrative capacity of the member state . taking into account the existing actions and measures financed by union funds or other union programmes , the commission in close cooperation with the member state concerned shall identify the priority areas for support , the scope of the support measures to be provided and the global financial contribution for such support . ### taking into account the principles of partnership , transparency , equal treatment and sound financial management , further to a dialogue with the member state , including in the context of the european semester , the commission shall analyse the request for support referred to in paragraph 1 based on the urgency , breadth and depth of the problems identified , support needs in respect of the policy areas concerned , analysis of territorial and socioeconomic indicators and general administrative capacity of the member state . taking into account the existing actions and measures financed by union funds or other union programmes , the commission in close cooperation with the member state concerned and the relevant subnational authorities shall identify the priority areas for support , the scope of the support measures to be provided and the global financial contribution for such support .


### the beneficiary member state , in coordination with the commission , may enter into partnership with one or more other member states which shall act as reform partners in respect of specific areas of reform . a reform partner shall , in coordination with the commission , help formulate strategy , reform roadmaps , design high - quality assistance or oversee implementation of strategy and projects . ### the beneficiary member state , in coordination with the commission , may enter into partnership with one or more other member states and their local and regional authorities which shall act as reform partners in respect of specific areas of reform . a reform partner shall , in coordination with the commission , help formulate strategy , reform roadmaps , design high - quality assistance or oversee implementation of strategy and projects .


### to ensure timely availability of resources , the annual work programme may indicate that in the event of unforeseen and duly justified grounds of urgency requiring an immediate response , including a serious disturbance in the economy or significant circumstances seriously affecting the economic or social conditions in a member state going beyond its control , the commission may , on request by a member state , adopt special measures in accordance with the objectives and actions defined in this regulation to support the national authorities in addressing urgent needs . such special measures may account only for a limited proportion of the annual work programme and shall not be subject to the conditions set out in article 7 . ### to ensure timely availability of resources , the annual work programme may indicate that in the event of unforeseen and duly justified grounds of urgency requiring an immediate response , including a serious disturbance in the economy or significant circumstances seriously affecting the economic or social conditions in a member state going beyond its control , the commission may , on request by a member state , adopt urgent special measures in accordance with the objectives and actions defined in this regulation to support the national authorities in addressing urgent needs . such special measures may account only for a limited proportion of the annual work programme and shall not be subject to the conditions set out in article 7 .


### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it . this will also apply to the upgrade of existing defence products and technologies . ### as the objective of the programme is to support the competitiveness of the union defence industry by de - risking the development phase of cooperative projects , actions related to the development of a new defence product or technology , namely definition of common technical specifications , design , prototyping , testing , qualification , certification as well feasibility studies and other supporting measures , should be eligible to benefit from it .


### given that the programme aims particularly at enhancing cooperation between undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least two different member states . ### given that the programme aims particularly at enhancing cooperation between public or private undertakings across member states , an action should be eligible for funding under the programme only if it is undertaken by a cooperation of at least three undertakings based in at least three different member states .


### cross - border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications . the absence or limited level of common technical specifications have led to increased complexity , delays and inflated costs in the development phase . the agreement on common technical specifications should be a condition in order to benefit from the union ' s support under this programme . actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the programme . ### cross - border collaboration in the development of defence products and technologies has often been hampered by the difficulty to agree on common technical specifications . the absence or limited level of common technical specifications have led to increased complexity , delays and inflated costs in the development phase . the agreement on common technical specifications should be a primary condition in order to benefit from the union ' s support under this programme . actions aiming at supporting the creation of a common definition of technical specifications should also be eligible for support under the programme .


### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities established in the union and effectively controlled by member states or their nationals should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states . ### as the programme aims at enhancing the competitiveness of the union ' s defence industry , only entities which are established in the union and have their executive management structures there should be eligible for support . additionally , in order to ensure the protection of essential security interests of the union and its member states , the infrastructure , facilities , assets and resources used by the beneficiaries and subcontractors in actions funded under the programme , shall not be located on the territory of non - member states .


### in order to ensure that the funded actions will contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly produce and procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria . ### in order to ensure that the funded actions contribute to the competitiveness of the european defence industry , they should be market - oriented and demand driven . therefore , the fact that member states have already committed to jointly develop , produce or procure the final product or technology , possibly in a coordinated way , should be taken into account in the award criteria .


### the commission should establish a multiannual work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . in light of the union policy on small and medium enterprises as key to ensuring economic growth , innovation , job creation , and social integration in the union and the fact that the supported actions will typically require trans - national collaboration , it is of importance that the work programme will reflect and enable such cross - border participation of smes and that therefore a proportion of the overall budget will benefit such action . ### the commission should establish a two - year work programme in line with the objectives of the programme . the commission should be assisted in the establishment of the work programme by a committee of member states . micro , small and medium - sized enterprises and intermediate companies are , in many member states , the backbone of their defence sector and central to the european defence industrial base and the value chain . at the same time , they are the most vulnerable part of the defence supply chain to access fresh capital needed for new investments . therefore , particular attention should be paid to ensuring the adequate participation of msmes in the work programme and throughout the implementation of the programme .


### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross border participation of smes in projects under the programme as well as the participation of smes to the global value chain . ### the commission should draw up an implementation report at the end of the programme , examining the financial activities in terms of financial implementation results and where possible , impact . this report should also analyse the cross - border participation of smes in projects under the programme as well as the participation of smes to the global value chain . if the participation of smes is considered to be low , the commission should examine the reasons for this situation and should propose , without delay , adequate new measures for allowing smes to increase their participation .


### to foster the competitiveness and innovation capacity of the union defence industry by supporting actions in their development phase ; ### to foster the competitiveness and innovation capacity of the union defence industry by supporting cross - border actions in their development phase ;


### for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry through the demonstration by the beneficiaries that member states have committed to jointly produce and procure the final product or technology in a coordinated way , including joint procurement where applicable . ### for actions described in points to of article 6 , the contribution to the competitiveness of the european defence industry through the demonstration by the beneficiaries that member states have committed to jointly develop , produce or procure the final product or technology in a coordinated way , including joint procurement where applicable .


### against this background , it is necessary to establish a structural reform support programme with the objective of strengthening the capacity of member states to prepare and implement growth - enhancing administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . the programme is intended to contribute to the achievement of common goals towards obtaining economic recovery , job creation , boosting europe ' s competitiveness and stimulating investment in the real economy . ### against this background , it is necessary to establish a structural reform support programme with the objective of strengthening the capacity of member states to prepare and implement growth - enhancing administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . the programme is intended to contribute to the achievement of common goals towards obtaining economic recovery , sustainable job creation , boosting europe ' s competitiveness and stimulating investment in the real economy .


### these objectives shall be pursued in close cooperation with beneficiary member states ### these objectives shall be pursued in full cooperation with beneficiary member states